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^ 



State Trials. 



VOL. xm. 



COMPLETi^:^;10llil.ECTION 

yy :.-!•-' 

State Trials 

AND 

PROCEEDINGS FOR HIGH TREASON AND OTHER 
CRIMES AND MISDEMEANORS 

FKOM THE 

EARLIEST PERIOD TO THE PRESENT TIME, 

WITU irOTES AJ^D OTHER ILLUSTRATIOJ^S 

COMPILED BY 

T. B. HOWELL, Esq. F.R.S. F.S.A. 



VOL. xra. 



LONDON: 

nUNTBD BY T. C HAMSARD. PBTERBOROUOH-OOUIIT, FLBBT-STREBTi 

nw LONOHAM, B17B8T, RBES, ORHE, & BROWNE ; J. RICHARDSON ; BLACK^ 
PARRY, & KINOWCRY ; J. HATCHARD ; E. LLOYD ; S. BUDD ; < 

J. PAULDBS; J. BOOKER ; CRADOCK k JOT; S. JBFFBBY; 
R. B. STAMi; i. BOOTH ; AND T. C. HANSARD. 

1B12. 



TABLE OF CONTENTS 



TO 



VOLUME XIIL 



*«* The new Artides are merhed [N.] 



Page 
SM. The Trial of Sir JOHN FREIND, knt. at the Old-Bailey, for 

High Treason, a. d. 1696 ] 

386. The Trial of Sir WILLIAM PARKYNS, knt. at the Old-Bailey, 

for Hi^ Treason, a. d. 1696 63 

%6. The Trial of AMBROSE ROOKWOOD, for High Ti^luon, 

A.D. 1696 139 

:S7. The Trial of CHARLES CRANBURNE, for High Treason, a. d. 

1696 • I • ••»••••• SS2 



3S& TheTrialofROBERTLOWICK^forHighTreason, A.D. 1696... S6' 



389. The Trial of PETER COOK, at the Old-Bailey, for High Treason, 

A.D. 1696 311 

900. Tlie Trial of ALEXANDER KNIOHTLEY, at the King's-Bench, 

fiirHigliTreMoi^ A.D. 1696 398 

391. The Ph)oeediDg8 against the Three Nonjuring Clergymen, Mr. 
COLLIEE, Mr. CQPK, and Mr. SNATT, for piAUdy absolr- 
ing Sir WilUam VeApm and Sir John Fraind at Tyburn, a. n. 
1096 ,.«u..M, , 406 



TABLE OF CONTENTS. 

Pd5pr 
asa. The Trial of JOSEPH DAWSON, EDWARD FORSEITH, 

WILLIAM MAY, WILLIAM BISHOP, JAMES LEWIS, 

and JOHN SPARKES, at the OM-Bailqr, for Fdooy and Piracy, 

A. D. 1696 ^ c 451 

393. The T^ of Oq^tab THOMAS YAUGHAN, at the Old-Bafley, 

for High Treason on the High Seas, a.d. 1696 486 

394. Froceedmgs in Rtfliament against Sir JOHN FENWICK, hart. 

upon a Bill of Attainder lor Hijg^ TveasoD, a. d. 1696 538 



395. The Case, with the Proceedings against Mijor JOHN BERNARDI, 
Mr. COUNTER, Mr. BLACKBURN, Mr. CASSELS, Mr. 
CHAMBERS, and Mr. MELDRUM, on Account of the Assas- 
sination-Plot, A. D. 1696 759 

896. Proceedings agmnst Sir DUNCAN CAMPBELL, and other Hen- 
tors of the Shire of Avgyle, lor High Treason, a. d. 1686-1687. 
[Nov first printed from the Records of Justiciaiy m Edin- 
burgh.] [N.] 787 

397. Phiceedings in the P^liament of Scotland against the Viaooont of 

DUNDEE and others, for High Treason, a. d. 1690. [Now first 
priiMd fircim the Flsrlnmentary Records at Edinburgh] [N.]... 818 

398. The Trial of ALEXANDER HALYBURTON and WM. ERA- 

SER, frr High Treason, a. d. 1692. [Now first pnnted from 

the Beoords of Justiciary in Edinbnrgfa.] [N.] 831 

399. FtooeedingB against Captain JAMES MIDDLETOUN and others, 

ion High Treason, a. d. 1694. [Now first published from the 
Records of Justiciaiy at Edinburgh.] [N.] 849 

400. Plrooeediags in the Psriiaasent of Scodsnd lespectii^ the MAS- 

SACRE OF GLENCO, A.D. 1695. [N.] 879 

401. Prooeedings gainst STHOMAS AIKENHEAD, for Blaspheeajr, 

A. D. 1696. [Now first printed from the Reooids of Justiciary 

in Edinburgh, and MSS. the property of Lord King.] [N.] 918 

402. .The Trial of EDWARD Bari of WARWICK and HOLLAND, 

. befoietfMHinwofLoids,fortbeMiirderof Richard Coote, esq. 
A. p. 1689 M.i* 999 



Pag§ 
40S. Hit TM of CHABLES pni IfDHUN, btfert the Houie of 

Locds» for the Miudte tf Ridbtrd CddCe, em^A.^ 1G09 1034 

404. Abrief Aoeomtdf CheTirkI of CHARLES DUNCOMBB, egq. 
bifimdie Lotd Chief Jualice Helt, at the King^i-Bendi Bar in 
Wfrtininfftf ^iJ^j i^on an Infennatioii for fidae indorsing of Ex- 
dieqoer Bills, and paying them into the Exchequer, as if they 
had been first paid into the. Excise Office upon that Branch of the 
Berenue^, a. d. 1699. [Now first printed from a MS. in the Pos- 

kc^theEailctfBadnor.] [N.] 10G8 



405. He Trial of SPENCER COWPER, esq. ELLIS STEPHENS, 

¥^ILLIAM ROGERS, and JOHN MARSON, at Hertford 
AMiies, for the Murder of Mrs. Sarah Stout, a. d. 1699 1106 

Hie CASE of SPENCER COWPER, e^q. JOHN MAR- 
SON, ELLIS STEPHENS, and WILLIAM ROGERS, 
gentlemen. [Published by them in 1699.] • 1190 

406. The Trial of MARY BUTLER, alias STRICKLAND, at the Old 

Bailey, for Forging a Bond of 4O,000L in the Name of Rob«t 
Ckyton, a.d. 1699 ^ 1S60 

407. FrDceedmgs in Pkurliament against THOMAS Duke of LEEDS, on 
an Impeachment of High Crimes and Misdemeanors, a. d. 1695- 
1701 '. 1S6S 

408. The Trial of PATRICK KINNYNMOUNT, for Bh^hemy and 

Aduheiy, A.n. 1697« [Now first printed firom the Records of 
Justiciary in Edinbori^] [N.] 1874 

409. The IVooeedings in Pkrliament upon the BiU of Divorce between his 

Grace the Duke of NORFOLK and the Lady MARY MOB- 
DANT, A.]>. 1700 UBS 

410. FiroGeedings against Sir WILLIAM WILLIAMS, hart for the 

PtaUicatioo of Dangerfidd's Narrative, a. d. 1684-1695 [N.] ... 1S70 



411. Plroceedings i«ahist JOHN Earl of MELFORT, JOHN "Eari of 
BflDDLETOUN,. RICHARD Earl of LAUDERDALE, and 
several odien» Ibr Treason and Rebdlion, mtidng the Froidi 
King to invade diafar Bl^gestiea Dominions, and remaining subject 



TABLE OP CONTENTS. 

Page 

to the FiMch Kuig> A. d« 1694. [Now fint printed from the ^ 

Records of Justiciary at Edinburgh.] [N.] 1448 

41S. Proceedings against KENNETH Earl ^ SEAFORTH, for High 
Treason, a. d. 1697. [Now first printed from the Records of 
Justiciary at Edinburgh.] [N.] ••. 1446 

413. Proceedings against Mr. ALEXANDER PITCAIRNE, a Minis- 
ter of the Church of Scotkndy for High Treason, and disowning, 
quarrelling, and impugning of his Majesty's Royal Power and 
Authority, and Rights and Title to the Crown, a. d. 1697« [Now 
first printed from the Records of Justiciary at Edinburgh.] [N.] 1450 



A COMPLETE COLLECTION 

top 
TATE TRIALS, 



c Trial of Sir John Fheind/ knt at the Old-Bailey, for 
High Treason: 8 William III, a. d» I696. 



hmda^^ March 23, 1696, 

I»iit0f»- House in the Old-Bailey, 

"tic trial of lir JuLn Frriod, 

tre]i!>on^ upon an Imlict- 

I oy um: fj^nMjti jury for the city of 

Ellic sessions ot'oyer and terminer 
r«ry of Newgale, on 8aturday 

Arraignmenii, Crytr^ make pra> 

Ovex, oyt2, oypTj^ All maoner of 
i4 Dftf e ttoy ihiuji^ more to do at ibii 
•MS of the p«!ace, Kessiotis of oyer 
Mr, botd^t) for the cily ol London, 
^diifttj of Newgu(e» li'oldt>ii for the 
aim and county of 31iddlesex, ud- 
ir Id lhi« day { ilriw tiear, and ^ive 
Imkvi for now tliey will proceed tti 
iC Ibe crowti for I'lie said cily and 
ltd God Mf e king Willi auk 
r* Make pruclamation ugnln. 
Oytat» You good men of the cily of 
Ha m i O ft g il to Qppenr hm: this da_\, to 
i •or aofereitini lord the kiu|; und 
r thftt k to bi* at the bur ; answer to 
I a* yon i(h»Il be called^ every man 
rati, opoci [laiu und peril tiiut will 
I. 

« fietly jury urere a)l called o? cr, 

Ito 




' rhii'f Jiittice 

. . Mr, justice 

!»>, cume into tlie 

■•• rriil cotitlut^nce of 

«ij'i ^viaiy liiere (^retietit, the 

filt» OH I. £a«t*i Picas of the Crown, 
mH. 9. if. 8ec aM, iu this CaU 
nae iraporlaiBl ObaerTalious on ihi«i 
f4 ErOdiM'i Hprech on the Trial of 
Ntfdyt A* ti' ]7t^4. And a Note to 
' Ooa rBMaleao t)«i fol. ^, p* iCr6. 
HI. 



prkouer was ordered tobe hrought to the bar4 
which was done accordiojjly, 

CL ofAr. Sir John Freind, bold up thy i 
hand. 

Freind, My lord, I humbly move that 1 1 
may have one William Courtney (who h to ba i 
a principal witness for me at my trral^t and ia.4 
now a prisoner in the Gatehouse) sent for. 

L. C. J. (Sir John Holt,) Is he your wit-* | 
ne&s, sir John ? 

Frcind. Ves, my lord, William Coortoey*^ 
is his name. 

X. C. J. Sir John, why did not yoa send, 
and desire this before ? 

Fretnd. My lord» ! did not hear of him 
while last oig^lit ; and 1 ho tnbly beseech your 
lordship, that you will please to let him beseol i 
ibr. 

The Judges consulted among theraseket. 

X, CX Look you, sir John Freind^ Til 
tell you, if you'll appi^Hol your arrent to t'Ouio 
hither, you shall have an ' Habeaji Corpus ai| 
tcstiticandnm^ : hut indeed you mi^^ht have »eut 
tliit) morning', and then tlie writ uiig^ht ham 
beeu tfot ready - 

Frcind. I^ly lord, I did not know so much ; 
for ii was last night before I understood that he 
wa^i to be a witness. 

L* C. J. You mi§ht have sent last night, or 
this morniug, and you should have had a war* 
rant for the writ. 

Frcind, 1 assure your lonbhip^ I did uot 
know so much, 

L, C, J. Well, send your agent, or your 
solicitor, and you shall have a warrant for tha 
writ. 

Freind, I beseech your lordship that he 
may be sent for, and that the messenger may 
malcc hastt;. 

L. C. X Let your solicitor come to my 
clerk, and he shall bavp it. 

Fraud. My lord, jf you please to give a. 
rule of court for iU I suppose it may b« dona 
presently. 



S] S WILLIAM IIL 

£. C. J. No, DO, 8jr John, it most be by 
writ; the keeper of the Gatehouse eke caoDot 
briofif him. 

Freind. My lord, that will be a longf time 
before it can be done ; I desire nothioi; but 
that f may have him here to give his evidence 
for me. 

L, C. /. It will be ^t ready presently ; I 
believe he will be here time enough for you to 
make use of his testimony. 

Freind. But, my lord, suppose he shou!:! 
not be here : it would be a great hindrance to 
me, and a great injury to my trial. 

X. C J. No, no, sir John, you need not 
fear any thing of that nature, we are not in 
snch haste ; we will not spur you on : but the 
warrant shall be made ; and du you make what 
haste you can to get the writ, and your witness 
brought 

[The Lord Chief Justice gave order to Mr. 
MasoD his clerk, to prepare a warrant for an 
Habeas Corpus, directctl for the keeper of the 
Gatehouse, to bring William Courtney imme- 
diately hither to give evidenoe.1 

CL of Ar. Sir John Freind, hold up thy 
hand. [Which he did.] 

Yon stand indicted in London by the name 
•f sir John Freind, late of London, kut. for that, 
whereas there had been for a long time, and 
yet is, an open, and notoriously public, and 
most sharp and cruel war by lana, and by sea, 
had, earned on, and prosecuted by Lewis the 
French king, against the most serene, most il- 
lustrious, and most excellent prince, our sove- 
reign lord William the Third, by the grace of 
Ood, of J'Ingland, Scotland, France, and lrelf>.::d 
king, defender of the faith, ike. All which time 
ihe said Lewis the French king, and his sub- 
jects were, and yet are enemies of our said lord 
Che king that now is, and his subjects. Yon 
the said sir John Freind, a subject of our said 
•overeign lord the king that now is, of this 
kingdom of England, well knowing the pre- 
inises, not having the fear of God in vour 
keart, nor weighing the duty of your allegi- 
ance, but being moved and seduced by the in- 
stigation of the devil, as a false traitor a<;ainst 
the said most serene, roost clement, and nost 
excellent prince, our said sovereign lord Wil- 
liam the Third, now king of England, <^c. your 
supreme, true, natural, rightful, lawful, and un- 
doubted sovereign lord ; the cordial love, and 
the true and due obedience, iidelity and allegi- 
ance, which every subject of our said sovereign 
lord the king that now is, towards him our said 
sovereign \wd the king should and of right 
ouffl)t to bear withdrawing, and intending ut- 
terly to extinguish, and contiiving, and with all 
your strength purposing, designing, and en- 
deavouring tlie government of this kingdom of 
England, under our said sovereign lord the 
king that now is of right, duly, happily, and 
Tery well established, altogether to subvert, 
change, and alter, and his ^'thtial sobjects^ and 
the freemen of this king[dom of England, into 
uitolerable and most miserable slavery to the 
albnwud Fttath king to subdue ana Iniiig ; 



Trial of Sir John Freind^ 

the first day of July, in theVeventh yea 
reign nt' our said sovereign lord the ki 
now is, and divers other days and times, 
before as after, at London, m the parish 
Peter Cnrnhill, iu the ward of Lirae 
falsely, maliciously, devilishly, and traitc 
did compass, imagine, contrive, pur|)n 
intend our said sovereign lord the king tl 
is, then your supreme, true, natural, r 
and lawful sovereign lord, of and from tli 
state, title, honour, power, crown, con 
and government of this kingdom of Eng 
depose, cast down, and utterly to dopriv 
our said sovereign lord the king to death a 
destruction to put and bring ; and the ai 
Lewis the French king, by his armies, s 
legions, and subjects, this kingdom of £ 
to invatle, fight with, overcome, and sut 
move, incite, procure, and help, and a i 
ble slaughter among the faithful subjects 
our said sovereign lord the king, thro 
his whole kingdom of England, to ma 
cause ; and tliat you the said sir John Fi 
the aforesaid enemies of our said lord tl 
that now is, then and there during tl 
aforesaid, traitorously were adhering and 
ing : and the same your mcst impious, 
aud dciilish treasons, and traitorous co 
iugs, intentions, and purposes aforesaid t 
perfect, and bring to effeet ; and in prose 
performance, and execution of that tra 
adhesion, ^'ou the said sir John Freind, i 
a false trailor', during the war aforesaid, 
the same first day or July, in the year 
said, at Xondon aforesaid, in the pari 
wanl aforesaid, and divers other days and 
as well hef(.re as after, there and elscw 
London rforesaid, falsely, ma]iciously,a 
ly, secretly, and traitorously, and witi 
and arms, *&c. with one Robert Chamoc 
of high tr<:a8on, in contriving and con 
the death of our said sovereign lonl ti 
that now is, duly convicted and attaintc 
with divers other false traitors to the jur 
known, did meet, propose, treat, consul 
sent, and agree to procure from the at 
Lewis the French kmg, of his subjects, 
and soldiers, then and yet enemies of o 
sovereign lord the king that now is, grea 
hers of soldiers and armed men this king 
England to invade and fight with, and t 
procure, and prepare great numbers of 
men, and troops and legions against o 
lord the king that now is, to rise up 
formed, and with those enemies, at an 
such their invasion and entry into thii 
dom of England, to join and unite, n 
and war against him our said lord th< 
within this kingdom of En^rland, to 
levy, and wa^e, him our said lord tli 
so as aforesaid to depose, and him 
and murder ; aud moreover with th 
false traitors, the same first day oi 
in the yeai^ abovesaid, at London af< 
ia the parish and ward aforesaid, 
ously you did consoh, consent, and ai 
scod the afortsaul Boberl Chamock as 



5J 



^or High Trea&on, 



t jtm tkm Atfi fiir J oho Freind, and 
4tmim9dmr ^mlmrs uiikn^^*^ ^' ^'"*" ^nij into 
iiliafdioiis af Klr«iiee, in ul tlie 

|lD mpoM to }i 

fltl tnml meo nforffesiiil, Ittr the invaMon 

I Ml be made; and iuMii«j^i'nce and no- 

~ I tlteir trtitlDmus intention!;, and ad- 

iffn^ at! the premiKes uniolhc «aid late? 

rian»^ nnd iKe siuid ^lUle^^ne- 

1 L s, to give and exhibit, 

I Si> iDluruj ot fiiher purliculai' things 

Of nffeaoMtiiieefl lUprcunln t-etntin>r ; a$ also 

Mfifme* Ircini liiem of ihe said intrnd(^d in- 

tMB^ aod ofh^r things and ctrcutfigtuncfs 

^^■Bvattiif tli€ prnuises Li receive, and the 

BSMilPy^u th«f saitd sir Jolin Freind, ami tbe 

^^iVA^i^iT traff#r« in this kin'^'iioin of Eii^land^ 

^■li m^^y, r«OArt and deeluf^, in assistance, 

^■aaaMi, mtm aid of the tiaid (enemies of (nir 

ail Wi ike kine t^at now ti,tn the >tiir afure- 

^il, fell Id iacite 4iid |»riK'iire iliost.' rnrntif^s 

ttvaart fm«bly ftod boltU^ ttM 

4m i# £i»|vf ftnd ; andthetrt^i- <i- 

f«i Q«t»iv»4M:e9, cotn|iiis«siii{7!i, i)na<;iriiUiotiH, 

i>f Tuii ibe S4id sir John Freind 

1 1A perfect and hdtit ; and all the pre- 

■i Omi tfimiier to t'lrecuti', mffiiace and per- 

Bt |«Mi tlie ftiid sir John Freind, diii'iu:^^ the 

riMHud, so «s aforesaid continued, tu wa, 

! tnee fint day of Jnly<t in the ahovesaid 

I y«mr of lite reit^n ol our ttaid lord the 

kflff ((kit IMW tit, ait li>ndon uforesaid, tn the 

fMA«ai| Irani aforesaid, <Al««ly u:m1 trmtor* 

Oiii M |f#f)e(ire and obtain to yourself, and 

^tmmft ajul Bc^rept o( a <!iertain comniiSHion 

• ^i«af^tfr|iurtuig it*elf to be u commis!»ion 

Mia m4 &OCU the «tVjivsuid Jan^e;! the se- 

flBVl. ytikmi^ of Eni^lftiid, to constitute you, 

•i aif lit Jotitj Fretnd» to lie a e<»lonel of 

!■«« tbe army by you and the other lals^e 

^■■Miac^uist Qiir»uici Ion! the king that nnw 

m,wAm ibi9 kin^dt^rn of Enj^^tand to h^ levied 

fliifann#4 ; and in nnr«nanee of the natd pre- 

iitififfiiiaKion by you ihe said Mr John 

o^rtaioed and acceiiied of, and ym\r 

all your traitorous intentions 

llie«ooo#rtor\ : m, fulHI, 

9i avyfSrrf, yuu ibe faid ! ai ur- 

^M^|r* nit^tJiasameiD^i u •> 'm .mh v, in the 

yc»r abovc^aid, at Lonilon afuiefinid, in 

♦ « .,.1 <inri»8aid, r«!sfly, ma!j»i* 

illriil^^ I '. , and Iraktorciiisly, di> 

iikin aik[l rpulv lO Ijc 

^e, and 

ud U»rd 

And to 

d ene- 

i<*id iUt? ktw^, lurtignefii and 

«a%rrt« and koldo t- of the aai I 

*Frr h<*iji^ about to invade 

i, »i ami upon tbeir in- 

I t4(doni, titen 

» selves lij^je- 

TU \nu iUr sM'i »u ,»iM8iJ r ri'Mid lo join 

aod teutons ta luriDi 




did raise, list, and retain^ and did procure lo be 
raised, lissted, and reta^ined ; and diners sums of 
money, in and about the raising, liatinff, and 
retaining^ of the aforetiaid suldtcrs, and man ! 
arnried, and ready to be armed upon the ac* 
count atbre^uid, upon the a(oresaid lirsl day of 
Julvt in the seventh year ab^iveaaid, at Londoa 
nfofesaiil, in the parish an»l ward aforeiaid, 
ialsly, mallcinuitly, and traitorously, ilid gire 
and pay, and cause to be paid ; and those so^ 
diers and men, for the treasons, intefilion^ and 
purposes aforesaid, then and there, and Inojf 
aikr you had in readioess. As atsn the same 
rtrst tfay of July, in the sefenth year nhnvesaid, 
at London aforesaid, in the parish and ward 
aloresaid, diners borses, and very many arms, 
Cfuns, carbine^i pistols, sviords, atid other wea- 
pons, ammunition, and warhke thinyfs, and mi- 
iilary instruments, falsely, malidoui*Jy, secret- 
ly, and trai*orou*ily you did obtain, buy, jj^at her 
and procure, and caui>a to be bought, ^^uthered, 
obtatnefl and procured, and in your custody 
had and diftained, to thai intent to use the fame 
in the said invasion, war and rebelfion, against 
our said sovereig-a lord the king that no*v it, 
hitn our said lord tlie king of and from the ra- 
jfji slate, crown and command of this kingdom 
uf England to ileposc*, cast down and deprive, 
and liim to kill and ninnlcr, and al! the trea* i 
sons, intentions, conlrtvances and purposes of i 
you the said sir John Freind, as aforesaid, to 
fulfil, [jerfect, and fully to bring to effect ; 
ai^iiinst the duty of your alk^giance, and against ^ 
itie pcract of our said sovereijrn lord the kin^ 
that now is^ his crown auti di^fnity ; an also 
aq'alnst the form of the statute in this case 
lUiidc and provided. 

What nayest thou, sir Johti Freind, art thou 
guilty of tlushiifh treaM>o wheTeortlioustaudeil ] 
tnrlit'ietl, or not tjuilty ? 

Ffcind. Not guilty, my lord. i 

CL of Art. Culprit, how wilt tUnu be tried f 
Fraud, By Ciod and my country. 
CLif Arr. Gvd send liiee a good delirer* 
ance. 

Freind. I don't know any thing of it, I ata | 
OS innocent as the child unb^irn. 

The Warrant for the Habeas Corpus %rat 
sijjnc<l by the Loid Chief Justice Hoit, and de* 
Itvered lo the priso ntr^ who ti-ent it away to tho 
Crown OtKcc by hia solicitor, to get l1ie writ ' 
scaltd. 

FrfifuL My lord, 1 have something to mov^e, , 
if your lord^iup please to hear nte, and the rest 
of my Inrdn the judges : Thnt rt any uiaHer of 
liiw doth arise upon my trial, I may be heitrd 
by my counsel, that you may niit deairoy mm 
withrvut law. 

L C. J. Look you, sir John Freind, If any 
matter of law ilo arise at your trial, and yo«a| 
will tell us ^liai timt inutler td' law is, and the 
court see that it is a matter of doubt, we ran^ 
and ou^ht, aifd no quciftton Khali asaign yon ! 
counsel J but tharis tuue euough when sucb' 
matter does urise, 

Freind, !^1y lord, it is well kuomi to your 



n 



ft WILLIAM tIL 



lordship, and all the coart, that I am not a law- 
jrer ; but I hope, as you are of counsel for the 
king' as judges of law, so you will be of coun- 
sel for me ; for I am not a lawyer, and cannot 
know whether any matter that arises be law or 
do; aud therefore I humbly beseech your 
lordship to be so just and kind, as to tell me 
whether it be law or not law, and I submit my- 
■elf to your lordship's direction. 

L. C. J. Sir John Freind, we are bound to 
tell you \ihen any thing of that nature appears 
before us, and to let you have all the benefit of 
the law that possibly you can have ; for we are 
obti{;(ed to be iudiiferent between the king and 
you. 

Freind. My lord, I don't question it. I 
desire also I may have pen, ink, and paper. 

L. C. /. Yes, yes, by all means. [And he 
had them.] 

CI. of Arr, Crier, make proclamation. 

Crier. Oyez : You good men of tlie city of 
London, summoned to appear here this day, to 
■ try between our sovereign lord the king and 
the prisoner that is at the bar, who have been 
<»tlled,and made default, answer to your names, 
and save your issues. 

[Then the Defaulters were called over.] 

CL of At, You the prisoner at the bar, these 
men that you shall hear called, and personally 
appear, are to pass betweeu our sovereign lunJ 
-the king and you, upon trial of your life and 
death ; if therefore you will challenge them, or 
any of them, your time is to speak unto them 
as they come to the book to be sworn, before 
they be sworn. 

Critr. Call ThonAas Clark. 

Freind, Pra^, Sir, how many may I chal- 
lenge ? 

£. C. /. Look you. Sir John, you may 
challenge, that is, except against 35, without 
shewing any cause : if you don't like them to 
be of the jury, you may refuse them ; and as 
jmany others as you have cause to except 
against. 

Freind. My lord, I humbly beseech you, 
tliat because perhaps I may mistake in num- 
bering, that 1 may have timely notice before 
the 35 be excepted against, or else it may oc- 
casion me a great deal of prejudice. 

L. C. J. Sr, the clerk shall take care of 
that, he shall inform you how many you chal- 
lenge, and you shall receive no prejudice of 



that kind, or by any slip in point of form. 

CLqfAr. Cryer,calir - " 

appeared.) 



CI, qfAr. Cryer, call Thomas Clark. (Who 



Freind. Pray, Sir, must I not see the gen- 
tleman ? 

L. C. /. Yes, yes, by all means. (He was 
shewn to him.) 

Freind, You may swear Mr. Clark ; I do 
not except against him. I desire but honest 
gentlemen^ and I shall come off, I warrant 
you : I am as innocent as the child unborn. 

L.C.J. Swear Mr. Clark. 

CL qfAr. Hold him the book ; (which was 
done) look upoo the priwMier: You shall well 



Trial of Sir John Freind^ 

and truly try, and true deliTeraiioe 
tween our sovereign lord the Idng ai 
soner at the bar, whom you shall have 
according to your efiJIeiice. So help 

Ct. of Ar. Nathan Green. 

Freind, I except against him. 

CL ofAr. Thomas Emms. 

Freind, I accept of him for a ji 
have nothing to object against him. 
sworn.) 

Ci, ofAr. Francis Byer. ^ 

Freind, Pray let me see him (He ^ 
to him). I do except against him, I 
him. 

CL qfAr. Benjamin Dry. 

Freind. I except against him. 

CL qfAr, James Demew. 

Freind. I accept him, I havenoth 
against him, I would have him to I 
man. 

Demew. My lord, I am not a f reel 

L. C. J. Sir John, do you challen^ 
remptorily, or do you challenge him 1 

Freind, My lord, I do not challen 
all, 1 accept of him. 

AU. Gen, (Sir Thomas Trevor.) 
no freehold, we that are for the king 
cept against him , for I would not 
body that is ibt a freeholder serve 
jury. 

CL ofAr. Henry Hunter. 

Freind, Pray, my lord, is this { 
that was called before hud aside ? He 
tliat I challenge. 

L. C, J, No, no, he is challeng 
kinpr's counsel, as no freeholder. 

Freind, Then he is only set aside, 1 
I speak it for this reason, I would nc 
taken in my number. 

L. C. J, Care shall be taken of all 
is not to be reckoned as one that 
lengcd, he is challenged for want oj 
by the king's counsel. 

CL ofAr. What sa3r you to Mr. ¥ 

Fremd. I accept of Mr. Hunter, 1 
swore. (Which was done.) 

CL qfAr. John Cox. 

Cox, My k>rd, I have no freehold ii 

An, Gen. Then let him be set asid 

CLoJAr, George Bodinffton. 

Freind, I except against him. 

CL qf Ar. John Hedges. 

Freind. I except against him. 

CL qfAr. You challenge him, Sir 

Freind, Yes, yes, I do. 

67. qfAr. John James. 

Freind, I challenge him. 

CL qf Ar. Thomas Poole. 

Freind. I accept of him. (He wi 

CL qf Ar. Peter Parker. 

Freind. I accept of him. (He wi 

CL f^Ar. George Grove. 

Freind, I except against him, fc 
him not in my pannel. 

L. C. J. How conies that P 

Freind. I can't tell, my lord ; I 1 
kept alone while Satniday last, only 
9 



fur High Treason* 

Jin Mr, Baker, the \\m- 
f) WAS mlU me to give me 

[b Wyersdale, 

btiiieuee him, 
'smtifrf Bbwitt. 

Uilili li^^tr hi III. 

'i>hn Wolfe. 
1 «io assure yon I lia^e Liim not 
' Ujjon my Honl. I clialleti^re 

I Jaclfsoiu 
f of Kirn* (H« was sworn.) 
ktiiel Jjotig', 

' of him. (He was sworn.) 
rd I'lii^welK 
i _ uge Um. 
mi»^if^e Child. 

nBcent of him* (He was sworn.) 
t WiBiiieu Walker. 



of Ijirn. 
Willi. 
him, 

5>ert. 

IIQ. 

I. 



(He was sworn.) 



n 



Sir, he i& not in my pannel, upon 

r. tic is tn the original nannet. 
BluribiJit^'Ajim, M)^ hinl. Liei^ U the 
teeel, tnU here^s his name here ; 
I moi m person in this paiinel^ but 
■aCV>^l> put i<)<i e\ci<pt it he about 
Mlbt «ii4l, aiifl this is none of them. 
IdMllMiipehini. 
I^TIlomss Hollis. (tie did not 

^Hnr« Sir John, who had you that 
^BUo |(tiv« It you ? 
^K ISoticiiur. 

OM, My lord, be bad none froru 
mmr: I receifeil the panneJ from 
It ImI Dobody, irom sir John, was 
B9 Ibr • copy. 

My Kird, uiy snlicttor brought it to 
larday itta^ht. 
W ho » }'<»ur solicitor that gftre you 

His nmme is Mr. Burleigh, my lord. 
» Wh«r«t« hef Let's see this Mr. 

r lonl, he is ^one to the Crown- 
, for the Habeas Cor|fus. 
It IS your own Miilicilor that 
' no yiHi, if it be m. 

!• Hallis. (He did not ap- 

ITt sir Joho Frttnd, how many 



tny lord ? Would ynu 
llMifroMUiy 1 httve in numlieri* 
Ife mOB&et uk your copy of 



A. D. 1G96. f 10 

SlittufT Burking/nim. In the pannel there 
are nhove fourscore. 

Frcind: I ha\rescienty-one,aiylord. [Then 
Thomas HoHis appeared ] 

C7. of Ar, L>o you challeug^p htm, Sir ? 

fcJh, Buckingham. Pray hi tht* Stvi*iifJary 
produce lus punuel that iVe had from my bro- 
ther and me, and I am surt^ the court vtill (ind 
they were all uumeil in that pannel. 

j^lr. Trotmariy My lord, I have the pannel, 
but ihey never came to me for a eopv^ as [ ex- 
pected i J had ^iit Ohe ready ; it sir Jidm 
Freind, or usiy p**(>r»n hir him> hud sent to me, 
they nnght have bad it. 

h\h Bucktrtgham. And these people that are 
not in sir John Freind's pannel, are none of 
the balf-flozen that ii ere added, >4 hen we came 
to the ktioHl«.ilgeof them that they were free- 
holders. 

L C. X When were thry added, 8ir ? 

Sh. Buck, Tlipy were added on Friday in 
the nfiernouu, aiid it seems he never came for 
the pannel to the proper officer ; and those 
that lie objects against were not added, hut are 
in thporiijinal pannd. 

L, C, X Truly, I cannot see any body is to 
blame in this matter but your own ibolicitor. 

Mr. Trot man. My lord, 1 assure you 1 had 
made a copy, iiud wondered I did not henr of 
them : J fh» nut know wbere he [^nt this copy^ 

L. C J. fttti/. Jn truth, if yciu wonkl not 
send loiheprnper officer lor a c*tpy, when you 
mif^ht have had it, you must be content vvith 
what you ha^e; tor noho^ly h bound to give 
you a copy, UTde*s you ask for it. 

L. C. J. Well, what suy you to Tbonaai 
Mollis? 

Fret nth 1 challenge him, my lord, for he is 
not in my panueL 

C7. f»/ -*1^. J^^hn Sher brook. 

Freind, I accept of biui, (He was sworn.) 

CL vf Ar, Jauies Black well. 

Frand. He is not ill my pannel, upon my 
word, u\y lord, 

X. C. X 1 cannot help It, be is in the sherilf ^s 
pannel iliat !•> returned here. 

Ff tint/. 1 c h a I lenjje hi m . 

C7. of' Ar. 'llioinas Cwardner, 

Freind. 1 accept of him, 

Guidner, My lord, I ann no freeholder in 
the city. 

Just. Roktb^. Mr, Carclner, have you not 
lately c<iuveyed away your freehold f 

Gardner. No, indeed, my lord, 1 never had 
any. 

Cl.ofAr. Wiliiam Prince. 

Frvind. 1 accept of him. (He wasswom.) 

CL ofAr. John MiuKins. 

Frnnd. I challenge him. 

CL of'Ar. Robert White. 

Fremd, I challenge him* 

Ct, of Ar. Josepli More woo J. 

Frtmd. I accept him ; his name is John, 1 
sumMMe, for ku it is in my pnneh 

CL qt Ar. No, it is Jo«H:pb. 

ASarrtcood, My name is Joseph* 

Freind, Well, Sir, 1 accept of you, 1 don*l 



llj 8 WILLIAM IIL 

quertkHi bat yoa are ao honest man. [He 
wan sworo.] 

CI. of At, C'ryer, countez. Thomas Clark. 

Cr\ftr, One, &c. [So of the rest to the 
last.] — CL of Ar. Joseph Morewood. 

Cryer. Twelve good men and true, stand 
together, and hear your e?ideace. 

The names of the Jury were these: Thomas 
CUrk, Thomas Emms, Henry Hunter, Tho- 
mas Poole, Peter Parker, Samuel Jackson, 
Nathaniel Long, Creorge Child, William Wal- 
ker, John Sherbrook, William FriDce, and 
Joseph Morewood. 

Cl. of Ar, Cryer, make proclamation. 

Cryer, Oyez. If any one can iut'orni my 
lords the king's justices, the king^s serjeant, 
the king's attorney- general, or this inquest 
now to be taken, of the high-treason whereof 
the prisoner at the bar stands indicted, let them 
come forth, and they shall be heanl ; for now 
the prisoner stands at the bar upon his de- 
liferance; and all others that are bound by 
recognizance to give evidence against the 
prisoner at the hwr, let them come forth and 
give their evidence, or else they forfeit their 
recognizance ; and all jurymen of London that 
have been called, and have appeared, and are 
not sworn, may depart the court. 

CL of Ar. Sir John Freind, hold up thy 
hand. (Which he did.) You that are sworn, 
kK>k upon the prisoner, and hearken to his 
charge : he stands indicted by the name of sir 
John Freind, late of London, knight (prout in 
the Indictment, muiatii Mi//auJ<«J, and against 
the form of the statute in that case made and 
provided. Upon this indictment he hath been 
arraigned, and thei-eupon hath pleaded Not 
Guilty, and for his trial hath put himself upon 
God and the country, which country you are ; 
your charge is to enquire. Whether he be 
^ilty of the high-treason whereof he stands 
indicted, or not guilty ? If you find him guilty, 

Jou are to enquire what goods and chattels, 
inds and tenements, he had at the time of the 
high-treason committed, or at any time since : 
if you find him not guilty, you are to enquire 
if ne iled for it : if you tiud' that he (led for it, 
you are to enquire oV his goods and chattels, Vi% 
if you had found him guilty: if V4>u find him 
not guilty, nor that he did fly (or it, you are 
to say so, and no more, and hear your evi- 
dence. 

Mr. Montague, May it please your lordship, 
and you gentlemen ot the jury : this is an in- 
dictment of hi;xh-treason, tiiat is hrnui^ht 
against sir John Freind, the jtrisoner at the liar, 
for assiociating with, and aiding the king's ene- 
mies, with a dcKigii to procure an invasion tr<iin 
France, and to raise a rebellion within this 
kingdom ; and this was to deposo the king, 
and to restore the late king James ; and in 
onler to the eO'ecling thi'.se his u irked pur- 
poses, the indirtment sets lorth. That the 1st 
of July last, he did meet, and con-iulr, and 
•g^ree with one Mr. Charnock (a gentleman 
since tried, convicted and attahiteu of high- 
tnaaoD}| hovr they should procure an army 



Trial of Sir John Freind^ 



[1 



from France, to come and invade thiskia| 
dom ; and sbouki raise a suflicient nnmberi 
men to facilitate the landing of the FrsMl 
and the indictment particularly chams ll 
prisoner at the bar with sending Mr. Cnanitd 
into France, to the law king James, to aeqnsa 
him with the design, and to desire him topN 
cure a great number of Ibrces from the FrsM 
king, to come here, and land within this kii| 
dom : and the indictment does likewise cImiI| 
hiui with procuring and receiving a oommi 
slun from the late king James, to c ou ati M 
him, the prisoner at ihe bar, a colonel of hom 
and likewise with laying out, and ex:pendi^[ 
a:id paying several sums of money id lislii 
and kee|Mug soldiers and men in pay noil 
him, which were to be in his regiment; m 
w ith laying out several sums of money in bq 
ing arms and horses for this inyasioD and v 
belliou that was tlius designed to be made, M 
raised within this kingdom. To this, gen 
men, he has pleaded not guilty : we shall ii 
our witnesses and prove the fact, and wmi 
not doubt but you will find him so. 

Freind. Prove this if you can; itcauM*! 

Att. Gen. 31ay it please your hMrdshif 
and you gentlemen of the jury : the prisQa 
at the bar^ sir John Freind, stands indioted i 
high -treason, in compassing and imsmii 
the death of the king, and likewise in adnerk 
to the king's enemies. 

Gentlemen, the overt-acts laid in tlie i 
dictment to prove this treason, are these: 

That the prisoner at the bar did aoocpl 
commission iVom the late kin<^ James, to lai 
a reg:imcnt of horse in this kingdom, in Old 
to jom with the French when they invaded I 
and there were several meetings and consolh 
tions between him and several others who 
you will hear named by the witnesses ; upc 
which it was resolved to send a roessentfc 
one Charnock, into France, to desire the la 
king James tu prevail with the French Idng t 
get a number of men, in all 10,000, witn i 
assurance that they would assist him wilb 
number of horse when he came : and in pn 
suance of this design, the prisoner at the hi 
did raise men, and pay some sums of aioa| 
((ir their subsistence, and listed, and had tlMj 
in readiness ; and provided horses and ani 
These are the overt- acts laid in the indictmcAl 
the evidence that will be produced to yoo, I 
proie this treason, and these overt- acts, «l 
be in this manner. 

Cientlemen, you will see by theevidencetb 
there has lieeu a debign and conspiracy ob fb 
for several years to assassinate tne king's pfl 
son, and to have an invasion from Fi'unce 
that time, by armed force here to subdue tfc 
kin4rdoni. The pri*«oner at the bar, sir Jol 
Freuid, I think about two years ago had a cOC 
mission sent him from the late king Ja0H 
to raise a regiment of horse : there was sevd 
other commissions sent likewise, but one * 
sent to the prisoner, whteh he accepted of ; • 
in pursuance of it, he apjNiinted several ^ 
cerS| and listed several uien for that pni|i0 



Jbr High Treason 

ims of money for the 
of Ihfm. 
iti Will bear that \m lieutenant 

Rfn ' * ; ijor was 

Blftter ; ftnd tl nasa 

t, aiiid !"• ' V I', .-.iiig" in a 

lerg;jiiit : I rerusf>d to taie 

Clneol i,. , . ;;;s was une Evans; 
bCNI WiA annttHr; »ntl ttiere Here 
wliom vou will hear 
, that wero an pointed, 
llip rriiiruent. 

rby llieifit- 
f, tliey Ua^-e 
iiilift ot' nieo, there 
between the prison^r 
other jiersonx, in order 
|»eiifoci Of?er to get forces from 
hBwmdtP thh kingdom. The firnt 
will henv (A\ was ^t the Old 
in L^deuhali-strect, and 
iia prisont^rat the bar, nw 
y lord Moiil^Timerj, sir 
llliam Perkins, !\Ir.Char- 
Gondemneil and executed 
;Aifirdering tlie kingf,) Mr. 
' k. A I thnt meaing you 
ikbatcs were, iind what 
l«r s^reral debates, who 
lli6y resolved to send Mr. 
to ^ mlo i^rance, to desire the late 
I lo fl€ 10^000 men of the Frf^iich 
mir poasis, about 8,CK>0 icot, 
ckoci^ n- '' '■ IIS ; and they did 

iLj' m assure the late 

t Ul, whenever be 

r r^f^^ ready to as- 

inu lucFa^and borse amoog 

leo, Mt, Chariioek umler- 
meiisa^e : about a week 

fnr \\f \\i\< ui'wWXiu** frt 

i^mod, ^'' a full 

\c< ileraen 

l» tbat bf- lUTC^iit salislj 

would c^'itiiinly do. 

ml a week aftei'i and that 

Jttmes'it-9treet, near sir 

one Mrs. Monfjoy's; 

the bar, my lord of 

-me con I [may that 

^ — nd Mr. Charnock 

i In ^gree to wImU had 

J before; for he 

^ * " ■ t nit 

1^ A 

uil 

? Jamey, 

f! ..... .^Ly bad 

\\w tifne when 

irJuna 

iiidcrs; 

whca 

iigfljuid 

.i they 



A. D, 169a [ri 

discours<?cI thit matter, the people being, as ibey ^ 
Baidt generally dissatis6cd, and but few forces ^ 
io Eni^'^tund to oppose them, 

Mr. Charnock accordingly went over into \ 
France, and about a montli atier returner! 
a^ain, and acquainted tlieui that he had toM 
kmg^ James their resolution^ and b<»w they 
would asKijit hius and what they desired of ^ 
him ; aiidfin short, had detiveredliismesfag^e: 
but what king James told him, he thanked 
them very much for their kindness aoil readi- 
nesa to as>iist him ; but at that time the French' 
king could not spare any forces, nor coulil it be i 
ati that summer^ and so there was nothing t<»l 
be done ; and thereupon it rested lill the Us^ 
winter, i 

Then gentlemen, you will hear, that the last ] 
wintfTthe design was renewed a^ain, about Ja« 
nuary last ; for sir George Barcley tv^ _ic over 
from the late king, being a lieuleniJk^ in hii ( 
g\>ards there, and then they entered into a con- 
si piracy to assassinate the king ; and that was 
to be clone first to facilitate the invasion, wbicU 
was to follow immediately upon the execution 
of the assassination: For they thought ihej? 
could hive no assurance of success in their lu^ 
vasion, as bug aa the king lived j and I hope 
every one will lake notice, how precious that 
lite IS to us, when it is so apparent to all the 
world, that our enemies cnnnot hope for any 
success to iheir eoteqirizes and designs to de- 
stroy us, but by taking that litb away. 

Gentlemen, this very conspiracy, you will 
hear, the prisoner at the bar was acquainted 
with, and privy to, eveu ibis assassmatiou ; 
though indeed you will hear he did not much 
approve of it, because he thought it would be & 
disscn'ice to the lateVmg^^s affairs ; but he wa« 
at serei-al meetiags wilh IVIr. Porter, and Mr. 
Charnock, and sir William Perkins, a»d eeveral 
others that were conspirators in that design, 
;md wa^ acquainted with il, as you will bear by 
the evidence* 

Gentlemen, yon will hear further, that aboul 
Janunry last, the invasion being intended to be 

?tnckly made, the prisoner at the bar< sir John 
'rciodfhad frequent meetings with Dlalr, that 
was lieuteoant-colouel, and other ofBcers, to 
consider and prepare how to be in a readiness,^ 
About that time the prisoner at the bar, captain* ] 
Blair, and one captain Ridley, met at a place 
in E jcch an ge- alley, and there they discoursed 
among one another; and there Ridley said 
there was a considerable Roman Catholic 
that waa sent to king James^ and \m would' 
bring the last orders ; and bir John Freind' 
said he knew of it very well, it was so, and' 
be hoped he should have them brought very' 
quickly. < 

At auother time, the prisoner at ihe bar, and*<i 
Blair his lieutenant-colonel, met at Jonathan'* 
coffee-house, and the prisoner took him un in ' 
his coach, and carried him along with hitn, 
and there they had a great discourse of the 
aflkirs of the regiment. The prisoner at th« 
bar, sir John Fretnd, told Blair they must be 
very good bu&bands of their money : for If tht ' 



15] 



S WILLIAM III. 



Trial qf Sir John Freind, 



[1 



invasioD iliould miscarry, he should not have 
inooev enough to carry on his trade, but he 
ivoulcf take care about some officers that had 
not money to mount themselves ; hut a great 
many were to prepare for themselves at their 
own charges, and for those that were to be 
under them. They had likewise then some 
discourse about the Toulon fleet coming about, 
and that he thought it not advisable till the 
Toulon fleet came round. He said he would 
not put a foot iu the stirrup till that were done ; 
and that he would keep out of the way till all 
was iu a readiuess, and advised captam Blair 
to do so too. 

Gentlemen, you will fmd it further proved, 
that about May last, the prisoner at the bar paid 
20/. to this captain Blair, who had laid out 
monies in the aflairs of the regiment, and this 
was to reimburse him what he had so laid out ; 
and it was in this manner : You have all heard, 
I suppose, of one colonel Parker, who being 
taken upon his coming over from France, was 
a prisoner in the Tower, but made his escape 
from thence, to which escape the prisoner at 
the bar was privy. This escape cost 300/. as 
you will hear, and the prisoner laid down 100/. 
of it. But this was to be repaid him ag^in: 
but how was it.^ There was one Johuson a 
priest, a conspirator likewise in this design of 
assassinating the king, and he undertook and 
promised, that the late king should pay this 
100/. And accordingly one Piggott went over 
into France, and had this 100/. paid him by 
king James, to repay it to sir John Freind : 
but ne thought flt to keep the money, and sir 
John Freind could not ^ei it of him, and he 
durst not ask it, because he knew the considera- 
tion was not flt to be made public. But he 
told captain Blair, I cannot pay you the money 
out of my own pocket ; but Pio;gott ouj^ht to 
pay me, who has received this uioney ofmine. 
It you will prevail with Johnson, who got this 
money from the late king to be paid to Pi^gott, 
to persuade Piggott to pay this 20/. 1 will allow 
it in part of the money he is to pay me, and 
you shall have it. Captain Blair did prevail 
with Johnson to persuade Piggott to pay this 
SO/, and cajitain Blair did receive it, and sir 
John Freind did agree to allow it to Piggott 
out of the 100/. due to bitn. 

Gentlemen, at another time, about Christ- 
mas last, there was another 20/. paid by sir 
John Freind's order and direction, by Piggutt 
to Blair, u[)on the suiuc account, by the me- 
diation of Johnson the priest ; and this was 
paid and allowed, as being laid out in the aflairs 
of the regiment before, he being intrusted as 
lieutenant -colonel to look atler the regiment. 

Gentlemen, I have now opened the substance 
of the evidence; the particulars you will hear 
from the witnesses themselves. If I have 
opened it amiss, you will take care, when the 
witnesses are proiluceil, to observe what they 
say, who wi>l tell yon what really was done, 
and \\\\\ rectify any mistake of mine: for I 
would have no such mistake to do the prisoner 
•t the bar any prejudice. 



Sol. Gen. (sir John Hawles). Gentltnia 
Mr. Attorney has opened the nature ud cow 
of our evidence so fully, that I shall malm ■ 
repetition of any of the particuhirs; but ^ 
our witnesses, and prove it in order as it W 
been opened. And first, we call captain OtiM| 
Porter. [Who came in.] 

Freind. BIy lord, before Mr. Porter is swan 
I desire to know whether he is a Uoman Oi 
tholic or a Protestant? 

L. C. J. Why do you desire that ? Is not 
Roman Catholic a witness? Though be be 
Roman Catholic, that is no objection to hb be 
ing a witness. 

Freind. My lord, I desire to ask him th 
question, whether he be a Roman Cathtii 
or no? 

L, C. J. Sir John Freind, it is not a prop 
question. 

Freind. My lord, a man ought to know wli 
profession they are of, that are witnesses agiin 
nim for his life. 

L. C. J. Will you ask him whether he bt 
Christian or no ? 

Freind. My lord, 1 desire to know wkatb 
he be a Papist or a Protestant. 

Jtt. Gen. If Mr. Porter be willing toll 
yon, he may ; but it is not a proper qnrslic 

L. C. J. Especially before he is sworn ; | 
is not intitled to ask any questions wbateti 
till he be sworn. 

Freind. My lord, I beseech you let iiie fan 
the question answered. 

Soi. Gen. Sure you don't consider, that ll 
answer to that question is to accuse hioMill 
you don't consider the consequences of it. 

Freind. Pray, my lord, let me have fli 
right. 

L. C. J. The question is, Whether it if jm 
right or no ? 

Freind. Mv lord, I would not trouble tl 
court if I could help it, but my life and all is i 
stake, and I must make the best defenca I csi 

X. C. /. Indeed your question is improfii 
iu itself; but if he nave a mind to tell yoi 
and answer voluntarily, he may. 

Freind. I humbly be^ your lordahip thi 
he may answer the question. 

L. C. J. I cannot see you have a right ^ 
have this question answered you. ! 

Freind. Mr. Porter, you are a gentleoMI 
and I desire you will answer, Whether yoa I 
a Roman Catholic or not ? 

Sol. Gen. Before he does answer, I d«l 
he may be acquainted with the danger : he HI 
bred a Protestant, no doubt, and then tamil 
Roman Catholic, he subjects himself tO( a ?« 
severe penalty. 

L. C. J. i^lr John Freind, I told yoa yoi 
question was not proper to be asked. 

Freind. Pray, my lord, let him answer tl 
question, it will be of great use to me in ■ 
trial ; pray let me have my right. 

JL C. J. You shall have all the right ta 
you that can be; but in the first place, if. 
man be a Roman Catholic, notwithttaiidiaKli 
rdigioD, he is a good witoeai : and beMdci tM 



jbr High Treatoih 

lif uwwcring the question may sub- 
» screral peualties; at least be is 
•ecnCkiD upon several acts of par- 
t are rery penal ; and therefore it b 
• to be asked. 

Bly lord, 1 pray only that he may 
question. 

No man is bound to answer any 
St tends to make bim accuse bim- 
ect him to any penalties. 
M^ lord, I do with submission de- 
it Ts no f^reat matter for him to say 
he a Papist or Protestant. 
If it be uo crreat matter, then why 
It upun it T But perhaps it may t>t* 
ter in the consequence of it to him ; 
pfore, is not obliged to answer any 

MIS. 

I beseech your lordship, let him 

question. 

You have my opinion ; if you will, 

i¥e the opinions of the rest of the 

opinion is. That the question ought 
9wered. 

Treby. Since your lordship's plea- 
it we should deliver our opinions 
oint, I must declare, 1 am of the 
>D. that no man is bound to answer 
nsthat will subject him to a penalty, 
f . If you should ask him, whether 
Jeer- stealer, or whether he were a 
ir any other thing that will subject 
lishmeot, * either by statute or by 
w, whether he be guilty of a petty 

tbe like, the law does not oblige 
irer any such questions.* 
Well, I hope the jury will consider 
; will not answer the question ; and 
bey are to take it for granted that 

Trefy, And now to this present 
I ask a man whether he be a Fopish 

is to subject him to danger: for 
ask him that question, if he were 
IP in that relijgion, then for him to 
If of that religion now, is to own as 
me as that you are charged with, 
not si>, but he was always bred in 
HI, yet there are very great penalties 
luhiect to, as, the confiscation of two 
of his estate, and several other things 
IT be liable to, if he should disclose 

liis answer to the question, which 
bis discovery could not "be proved, 

We must keep the law steady and 
een tbe prisoner and tbe witness, 
'm/. I am of the same opinion, it 
ct bim to a penalty ; and unless he 
Urily answer it of himself, I think it 
demanded of him : for he may sub- 
tf to a prosecution by it. 
!sMy. I think, it is not a question 
if r^t be imoosed upon him ; be 
111; but he is under no 



A. D. 1699. 



[18 



vii, if be will 



UU. 



ooDocfumilf 
e. 9. a. S. 



this in 



obligation to answer it, because it may tend to 
accuse himself of a crime for which he may be 
prosecuted, and likewise will subject him to 
other penalties, which the law cannot compel 
bim to subject himself to. 

(Then Captain Porter was sworn.) 

Freind, 1 hope, gentlemen of the jury, you 
will consider this. 

Sol. Gen. Mr. Porter, do you know sir John 
Friend, the prisoner at the bar ? 

Capt. Porter. Yes, Sir. 

Sol, Gen, Pray then will you give my lords 
and the jury an account what meetings you 
have had with him, where those meetings were, 
and when, and what passed between you, about 
inviting the French over hither, or for a rising 
here? 

Porter. My lord, about the latter end of 
May last, or the beginuing of June, we had 
two meetings; one was at the King's- Head, 
in Leaden liall- street, and the other at Mrs. 
Mountjoy's in St. James's-street. At the fu-st 
meeting there were present my lord of Ailes- 
bury, my lord of Montgomery, sir John Freind, 
sir Wm. Perkins, sir John Fenwick, Mr. Cook, 
captain Charnock, and myself; afler dinner 
Mr. Goodman came in : now at both those 
meetings it was consulted of, and agreed, to 
send captain Charnock into France to kine 
James, to desire him to borrow of the French 
king 10,000 men to come over hither, 8,000 
foot, 1,000 horse, and 1,000 dragoons. Capt. 
Charnock said, he did not care to go upon a 
foolish message, and tlieretbre desired to know 
what they would have him to acquaint kins^ 
James with, and assure him of. They au 
agreed to meet the king whenever they had 
notice of his landing, with a body of 2,000 
horse; of which every one in particular was to 
bring their quota wherever he would appomt. 

Att. Gen. When was the second meeting? 

Porter. That was at Mrs. Mountjoy's. 

Att. Gen. But I ask you when it was ? How 
long after the first ? 

Porter. I believe it was about a fortnight 
after, or so. 

Att. Gen. What was that meeting for ? 

Porter. The second meeting was to confirm 
the first Captain Charnock informed me, 
that he was to go within three or four days, 
and therefore desired to have a meeting before 
he went. 

Att. Gen, What discourse was there at that 
second meeting P What occasion was there 
for it ? 

Porter. Capt. Charnock desired the meet- 
ing once more before he went, to see whether 
we all kept our resolution. 

Sol. Gen. Pray, what do you know of air 
John Freind's agreeing to raise a regiment of 
horse? 

Porter. I know nothing of that matter, bat 
what I have heard several people talk ; but I 
have heard him say, he. would be as ready as 
auy msn, whenever the king came ; and I have 
heard from capt. Chamocki aad fic^ia tir Wil« 

C 



19] 



8 WILLIAM UL 



Ham Perkyni, that he had a commissioti to be 
a colonel of horse. 

Att. Gen, Pray, Sir, upon that second 
meeting, who were present ? 

Porter, 1 told you, Sir, the priioner at the 
har was present at both meetings. 

SoL Gen. Who else were there ? 

Porter, My lord of Atlesbury« sir William 
Perkyns, capt. Chamock, and I cannot tell 
whetner my lord Montgomery and Mr. Good- 
man were there ; Mr. Cook and myself were 
there ; but the prisoner at the bar I am sure 
was there. 

Sol. Gen. Pray, capt. Porter, will you re- 
member and recollect yourself, who were at the 
iSrst meeting P 

Porter, fhafe named them already, Sir. 

SoL Gen. Name them again then. 

Porter, My k>rd of Ailesbury, my lord 
Montgomery, sir John Freind, sir William 
Perkyns, sir John Fenwick, capt. Chamock, 
Mr. Cook, and myself ; we dined there, and 
after dinner Mr. Goodman came in. 

Att, Gen. Pray, Sir, when ^d you see Mr. 
Chamock afler tnis, and what discourse had 
you with him about his journey, and the suc- 
cess of it? 

Porter. I never saw him till 3 or 4 days 
after our riot business in Drury-Iane, upon 
the account of which I hail been a prisoner in 
Newgate. ^ 

/ Att. Gen. Well, and what did he say to 
you? 

Porter. He told me that he bad been in 
France, but that king James told him, the 
French king could not spare so many men that 

J ear ; and withal, that he bad been with sir 
ohn Freind, and the sereral other persons, 
with messages from the king ; but 1 do not 
know whether he had been there or no, only 
as he told me, that he had been, and brought 
that answer. 

Att. Gen. Pray now tell us, what other 
meetings you have had about this matter thb 
winter? 

Porter. I was once with sir George Barcley 
and sir John Freind, at the Nag's- bead in St. 
James's-street; 1 cannot tell what discourse 
they had ; they whispered among themselves. 

Att. Gen. Who else was there r 

Porter. There was sir George Barcley, sir 
William Perkyns, myself, Mr. Terguson, and 
•ne Humes. 

L. C. J. Where was that, do you say ? 

Porter. At the Nag's -head in St. James's- 
street 

Att. Gen. Was there any body else there 
that you can remember ? 
. Porter, Capt. Chamock came in after dinner, 
but I cannot say he dined there. 

Att. Gen. And who else do you remember ? 
^ Porter. There came in one Harrison after 
dinner; he is a reputed Romish priest, and goes 
by the name of Johnson. 

Mr. Mountague. Pray, capt Porter, what 
was that meetingfbr ^ 

.JPsHir. Tliey bad ftrcnl wl 



Trial of Sir John Freind^ 

among themsdf^, but what they dis< 
1 cannot tell. 

Mr. Mountague, Pray, did sir Jol 
say any thin^ that you heard at that 

Porter. Sir George Barcley did 
some people that were not so violent hi 
over mto France to stop this busine 
which, said 1, 1 hope you will have 
to-night Upon which sir John Fr( 
is there any thing that is hul behind 
tain ? If there be, I am not fairiy dea 
I will proceed no further. 

Att. Gen. If ur John Freind has 
ask him any questions, he may. 

L. C, J, Pray* cant Porter, let mc 
this question. Did all that were ores 
first meeting, at the King's-bead in 
hall-street, agree to send Mr. Char 
France to the late king ? 

Porter. Yes, my lord. 

L.C.J. All of them? 

Porter. Yes ; we desiied captain < 
to answer to the king for us that we w* 
him at the head of S,000 horse. 

L. C, J. Did sir John Freind agrc 

Porter. Yes, I do positively affirm 

L. C. J. Then the second meetinf 
you say, was at Mrs. Mountjoy's, i 
said then ? 

Porter. We did agree all, That ca 
nock should go on with the message 
resolved upon at the first meeting, 
would go on with the business ; and I 
would go away in two or three days. 

Att. Gen. Will sir John Freind as! 
questions ? 

Freind. I will only ask him, if 
done, whetlier he has any thing mon 

Porter. No, Sir. 

L. C. J. The king's counsel have 
him. 

Freind. Then, m v lord, I will hea 
can say, and when I have heard thei 
denoe, I shall know how to answer t> 

L. C J. Before you go, captain 
would ask vou, what answer Mr. 
brought bacK from France ? 

Porter. I say, I did not meet wi 
Chamock, until after I came out of 
for the riot business ; and then he to 
had been there, and he had acqui 
several gentlemen with the messagi 
brought from king James, who tba]\ 
for Uieir kindnesses; but the Fre 
could not spare so many men that ye 

Sol. Gen. Then the next that ^ 
Brice Blair (Who was sworn.) Pn 
you know the prisoner at the bar, 
Freind? 

Capt. Blair. Yes, my lord ; and 
sorry to come on such an account as 
against him. I am sorry fir it wi 



Att. Gen. Well, Sir,prav wUl yc 
aooount what yon know or sir Job 
having a oommiMon firom the late 
a colMid of hmei ui wkai it was, 





ft^ High Treason* 
I nj ktnl and the jury ihe whole 

All ikai f C90 my to this business in 
I ttj Pt]itr, and 1 refer to my puper. 
(tfti Y#ii naufit not refer to your paper, 

tcjl mil what you know. 
% R»iii«jr took upOD any paper to 

1 4k^ tte ihe commissiouy Sir, and I 
L 

Its* WbaS cofnmtflsioii was it, Sir? 
ii inM R eommiMni from kiDir James 
id. 
Where did you see it. Sir ? 
m ii m M» lodgings at the Strand, 
firad otiff the Straud, io Surrey* 

trm. Who shewed it voa f 
Ha ahewed it me himself. 
Int. What was it flir ? 
^J^ waa fbr raising a regiment of 

^HWbeo was it that you did see it ? 

^■|i»wia itf 

^yii wiell near two years ago, or 

^ as 1 remember 

>■« Who was to have beea colonel of 

Mfltr 

Ha was oominaled to be colonel of it 

I liie eooimisKion. 

X Who was the commissioo di* 

directed to him, to sir John 



PI Wdlf aiid wliat was doue upon it P 
vtobelhaoflicera? 
Ba |irOflataed me lo he his lieutenant - 
mA I had tlie same from Mr. Bar^ 
aereral letters that I saw, 
ly lord Melford and secretary 
fiTth king Jamea« 
What other officera were there 

Tb»e vaa one Richardson wns to be 
I CBfiaiaOv and ihei-e was one Mr. 
■a Io iia aoatheri and one Hall ano- 
jkm waa ta be bis eldt^t captain, and 
UEfaaa waa to be his captain-lieu- 
Veruatti was to be 



fat. Da you reroemher who waa to be 
'f 

Ha^ Sir, 1 think I cannot he positive 
rt» f ap^ke tocapt Baroesley, that 
ant tD king Jamea's service, 
aiul sometimes he accepted, 
ha refuaed it. 
ht^ Play, what did you do as lieu- 
taaal upon this matter ? 
I cadaavoisr«Mi all I could to get offi- 
htokf and to raise troops, Fendea* 
I fil vital inen 1 couhl myself, 
toi. Piay what did you do ? What 
U jwa fwwcura for him P 
I tan you Vematti and Fiaber* and 
JhM thai tiTCB at Deal. 
ia. WImI tiaa|Ni did you get under 



you? 
you ? 

Blair, What? I myself, Sir, do you meant 

Att. Gen. Yei, I do. 

Bkir, Yes, Sir, I did. 

Ati. Oen, Can y<iu name any of them ? 

Blair. Yes, Sir, if I make u^ of my paper. 

Sol, Gfn, You may makeuseof your paper 
to refresh your memory- 

Bhtr, There is a paper of names that I gave 
in before the council. 

L. C. X Mr. Baker, have you his paper 
there P Let him see it to refresh' his memory, 

Mr, Bakfr, I have none of the papers, my 
lord ; they are all sent before the council. 

Att» Gen, Pray, Sir, can you ttll w ho was 
to have been your Ueutenant iu your titiop ? 

Blair. One Mr. Bert ham. 

Mr Mountague. You say, Sir, you were 
constituted lientenanl ct>loi»cl ; pray, who con- 
stituted you, and made you so ? 

Blair. I had only a promise of it from sir 
John Freind, . 

Ait. Gen. Pray, did you lay out any monies 
for sir John Freind ? or did he ever pay you 
any money afterwards ? 

Blair, Yes, 1 have had several small sums 
of money from sir John Freind. 

Att. Gen, Pray, what was it for P 

Blair, It was to drink with the men that 
belonged to the regiment, and eiiconnige 
them. 

Ati, Gen, Pray, did Mr. Ptggott pay you 
any sums of money ? and by whose order ? 

nlair. Yes, he paid me first 20/. and af\er« 
wards he paid me another 20/» 

Ait. Gen. By whose order was that, !^iir ? 

Blair. It was by the order of sir John 
Freind. 

Att. Gen* Pray, Sir, How do you know 
that sir John Freind ordered him to pav it youf ] 

Blair. Because it was the money lliat 'Pig»i 
gott had received to repay sir John Freind 
what he had advanced for Ihe furthering of 
Parker ^s escape out of tlie Tower. 

Att, Gen. How do you know that he ad- 
vanced any money tor procuring Parker'a_ 
escape? 

Blair, He told me so himself. 

Att, Gen. How mucli did sir John FreinAf 
say he advanced for that pur{>o5e ? 

Blair. Retold me 100/. 

Ait. Gen. How did he tell you he was to ba^ 
paid it again ? 

Blair, He told me that king James ordered 
thepaj'ment of it at France, when Pig^ott went 
over, wh?ch was immediately afterwards ; and 
I had of that, first ^0/. and afterwards UOL by 
theorderofsir John Freind. 

Sal. Gen. Pray, 8ir, did sir John Frejod tell 
you what Piggott had received in France? 

Bluir, Yes, he said Piggott had i-eoeived 
100/. in France ; and be *lid not pay it him, 
but if 1 could get ZQl. of hia>, he if^uld , 
allow it. 

Jit. Gen. Pray about what litne was it that ' 
the tint 20/. was racaivad? 



M] 



8 WILLIAM HL 



Blair, J have set it down In my paper ; 
there it is. 

Ati. Gen, But canoot yon tell about what 
time it was P 

Blair, It was about last May or Junei the 
first 80/. was paid. 

Alt. Gen. When was the last SO/, paid ? 

Blair, It was after 1 was sick, about Mi- 
chaelmas. 

Mr. Camper. Pray, Sir, Who was by when 
the last 20/. was paid P 

Blair, Mr. Piggott paid me the last 5/. of it, 
(for I received it at several payments from Mr. 
Pig^tt) but the hist 5/. was before sir John 
Fremd, at Jonathan's coffee-house. 

Sol, Gen. Pray, do you know any thing of 
air John Freind's receiving any l^ter from 
kiu^ James? 

Sluir, Yes ; he told me he had a letter from 
king James. 

Sol. Gen, How long ago was that? 

Blair, Truly, I cannot tell. 

Sol. Gen. 1 don't ask you the precise day, 
but was it within a twelvemonth P 

Blair, Yes, I bdteve it might be there- 
abouts. 

Freind. My lord, I desire he may speak 
out ; for I dou't hear half he says. 

L, C. J, Repeat it to him again. 

Blair. Sir, you told me you had received a 
letter from king James. 

Friend. My lord, I shall answer to all this 
afterwards. 

Sol, Gen, Pray, had you at any time any 
discourse with sir John Freind about one Slater P 

Blair. Yes, 1 had. 

Sol, Gen. Prav tell what that was. 

Blair. He told me he was to bring him in 
several officers ; and that he had intended to 
make two lieutenant-colonels, whereof captain 
Slater was to be one ; but when he saw I was 
not satistied with that, he said he should com- 
mand a troop of non-swearing parsons, and 
tbev should M an independent troop. 

Sol. Gen. You say that Slater was to com- 
mand that troop P 

Blair. Yes, and it was to be an indq>endent 
trooj>. 

Att. Gen, I think you say, that he and you 
met at Jonathan's coffee-house P 

Blair. Yes, we did so. 

Att. Gen. Pray what discourse had you 
there P 

Blair, I called him aside, and desired to 
speak to him ; and it was when Mr. Fisher 
told mc of tliiii plot, and desired me to speak to 
him, a little betbre this horrible conspiracy 
broke out. And 1 told liim what I heard from 
Fisher, and from Harrison the priest about it ; 
and he told me that he had heard of it, and he 
was nfraid it would ruin king James, and his 
affiiirs. .^ 

Alt. Gen. What was it that you told him 
you had heard P 

Blair. This last horrid thing, the conspiracy 
against the king's life. 

Mr. Camper. Was it before it bidw out that 
lie told you he knew of It f ^ 



Trial qfSir Join Frnnd^ 

Blair. Yes, it was shortly before it br< 

Alt. Gen. Pray, did you meet wi 
again P And did be carry you in his c 
at any time? — Blair. Yes, he did. Sir, 

Att. Gen. What discourse had yo 
when you was with him in the coach P 

JB^ir. He took me in his coach to S 
tin 's-le- Grand, and, says he, I will do 
till the Toulon fleet meet with the Brei 
at that time, perhaps, we shall be all tal 
but, says he, you may sculk about tl 
better than I can ; and therefore I'll kc 
self private ; and we must be as good h 
of our money as we can ; for money 
very scarce. What do you think y( 
need, says he P Truly, Sir, says I, I ca 
that must be according as 1 am mountc 
I found I had a few indigent officers at tl 

Att. Gen. Pray, what were you tu < 

Blair. Vte were to sculk up and dov 
when he asked me what money I shou 
I told hirii I could not tell ; for there i 
veral indigent officers, most of which 
at that time ; and here is a letter thi 
from sir John Freind, to confirm my n 
money from him. 

Att. Gen. Is that sir John Frein 
hand P — Blair. Yes, Sir, it is. 

Att, Gen. Then put it in. Give it 

[It was delivered in to the Attorney -G 

Sol. Gen. Pray, what have you li 
John Freind say of sir John Fenwick 
concerned in this matter P 

Blair. I heard him say, that he 
that he should command the party thai 
engaged in, and that sir John Fenw 
four troops of horse, that lay near Rea 
be employed. 

Sol. Gen. For what purpose P 

hlair. To be in readiness upon the i 

Freind. Gentlemen of the jury , 1 C8 
a word ; 1 hope you hear. 

Att. Gen. Pruy, Sir, look upon tha 
\ou say you had that letter ftrom f 
treind, pray, who is that H mentioned 

Blair. It means Harrison alias J 
the priest. 

Att. Gen. Pray, what was that lettei 
for? 

Blair. It was about the Ust SO/, thi 
to receive from Piggott. 

Att. Gen. Is that sir John Freiud's 

Blair. Yes, I think so. 

Att. Gen. Have you seen sir Johi 
write P 

Blair. Yes, 1 have seen him writ 
think it is the same hand. 

Att. Gen, Then we desire it may be 

Then a Juryman desired he might b 
Wh^er he saw sir John Freind w 
letter P 

X. C.J. What say yoa,did you 

write that k*tter P 
Blair. No, my lord ; it came to my 
Ait. dtn. Did he ever own to yoi 

writ yoa each a letter P—£4nr. Yei» 



Jhir High TreoMn. 

m. Pnjy let it be read ; read it all, 
1 short. 
Ir. reads: 

?w Captaio Blair, These. 

; Tuesday Morning, 

may inoch wooder you have not re- 
ins wer of* vours before now : I ba?e 
led with the gout in my hand and 
1 have not been able to pnt pen to 
thank God) I am somewhat better, 
pe to be in London a Thursday next, 
boor <^ twelve, at Jonathan's cofTee- 
he weather do not prevent me ; if it 
i not come before Monday following : 
* you fur to meet me about that hour; 
It convenient for to write a note to 
r some reasons 1 shall give you when 
I wish yon good health. I am, 
affectionate friend and servant, . 
" John Freind." 
a. Prmy, Sir, what dale is it of? 
Ar, It lias no date but Tuesday 

m. Did sir John Freind meet you on 
day, according to this letter ? 
M. My lord, I desire he may be ask- 
thts letter came to him, whether by 

post, or how ? 

1 doD't know, I believe it was by a 

came first to me when I was in lied, 

ife broaght it up to me. 

511. Prmjt Sir, answ^ my question. 

obn Freind afterwards meet vou at 

s coffee-house, according Jo this let- 

lir. Yes, Sir, he did. 

rem. And did you there speak about 

OB that's contained in that letter? 

Yes, Sir ; and accordingly I had the 

ea. What order? 

Ao order for the SO/. 

!«. Captain Blair, do you remember 

dined with sir John Freind near the 

e, in January last ? 
Yes, I think 1 did, Sir. 

r». What discourse was there between 
^ Who was with you besides you two? 

1 must refer that to my paper. 
fi. Well then, what discourse was 
f on and sir John Freind there ? 

It is down in my paper. 
m. Do you know one capt. Ridley ? 

ra. Was he at any time present when 
the prisoner at the bar were together ? 

f. My lord, I cannot hear a word he 

/. Here is a great noise indeed, and 
ms, is not well, and speaks but low ; 
Icr silence in the court. [Which was 
Proclamation.] 

L Look ye, air John Freind, he speaks 
r that you sent to him that bears date 
CMtey momtng, that you would be in 
d seel him at Jonathan's eoffee-bou^ 
«nda/ foUowiDgi at twelve o'clock; 



A. D. 169S. f S6 

and that letter was read, and he says he met 
you accordingly, and there was order taken for 
the payment of the last 20/. This is that ha 
says : did you hear it ? 

Freind. No, my lord, I did not. 

JLC.J. That is what he said. Then go 
on : you say he met you at Jonathan's ooffee' 
house according to that letter ? 

Blair. Yes, my lord. 

L. C. J. What was done there, when yoa 
met ? — Blair. Nothing but the order. 

L. C. J. Who did he give the order to? 

Blair. He gave the order to Harrison. 

X. C. J. Why, was Harrison there ? 

Blair. Yes, he came there before I came 
away. 

L. C. J. But you say he gave the order to 
Harrison f-^Blatr. Yes, my lord. 

L. C. J. What was the order for? 

Blair. It was to pay me that money. 

L. C. J. What money was that ? 

Blair. It was the last 20/. 

Alt. Gen. Was the 20/. paid you after- 
wards f-^Blair. Yes, Sir. 

Att.Gen. Who paid it? 

Blair. Mr. Piggolt ; he paid me the last 5/. 
of it before sir Jonn Freind's fiice. 

L. C. J. Was this the first 20/. or the last, 
do you say ? — Blair. It was the last. 

JL. C. J. What was this money paid for? 

Blair. I believe it was to support me to go 
about the business of the regiment. 

L. C. J. You believe ; that's not enough : 
but are you sure it was so ? 

Blair. Yes, I am sure it was for that. 

L. C. J. Had you ever demanded money of 
him before? — Blair. Yes, I had. 

L. C. J. For what was that money that you 
demanded ? > 

Blair. It was to drink with the men that 
were brought in ; to cherish, and keep then 
together. 

- L. C. J. To what purpose were those men 
kept together ? 

Blair. They were for his regiment. 

Sol.' Gen. Pray, had sir John|Freind any oc- 
casion to pay you any money upon any other 
accoufnt? 

Blair. No, Sir, not out of that 100/. 

Mr. Cowper. You d(» not understand the 
question. Had you any dealings with sir John 
Freind, but al>oui this matter concerning the 
regiment?— B/air. No, never in all my life. 

Att. Gen. Well, sir, do you remember your 
meeting with sir John Fremd when one llid- 
ley was there ? 

Blair. Yes, it was at the chop-hou^. 

Att. Gen. Give an account what passed 
there. 

Blair. Mr. Uidley said, a^ gentleman waa 
lately gone over to France, about ten days be- 
fore ; and Mr. Ridley said, he was a very sen- 
sible gentleman, a Roman Catholic, an ancient 
man, about threescore years of age, what he 
was, I can't tell : he said, he believed he should 
bring the last orders. 

Att.Gen. What did sir Joho Freind say f 



m 



8 WILLIAM m. 



Blair, Sir Jobti Freind said, He ktiew nf 
it ; but he named do more, 

SoL Gen, Wliat was the effect of those or* 
ders, as yan uQtlerfitood f 

Blair, 1 cAunoi tell that. Sir, indeed. 

SoL Gtn. Did you know Mr. Cbiirnock ? 

Blair, Yes, t did, 

SoL Gen. What do you know af hii going 
to France ? 

Blair. I met Slim iipou the Exchange the 
last summer^ and I told hvm, 1 ex]>t:*€tcit not to 
have ieen htm here at Ihat time, 1 thought he 
liad been abroad ; he told me be was come 
from France \ but who &ent him I camiot tell, 
I do not know, u^n my life. 

LSoL Gen. Pray what has sir John Freind 
said to yoa about Fergusou? Whether was 
not he to hare been an otBcer in his t^gimeiit .'' 
Blmr, No; but sir John Freind said, he 
wonid jiiin; and Mr Ferguson himself has 
told me so. 
Ati. Gen, When did he ttU you so ? 
Blair, A gOiwl while ago. 
. Alt, Gen^ How long ago ? 



I 



Blair, Two years ago, and ahoye. 



Sot, Gen. Did i>ir John Freind tell you any 
thing about Ferguson, that tie would bring in 
any men? 

Blair. Yes, he said he would bring in a great 
many. 

Att, Gen, Will the priioner ask him any 
i^uestions ? 

L. C. J. Sir John Freind, wiU you ask this 
witness any 4|uealions ? 

Freind, Yes, m_y lord, I shall by and bye, 
if Ihey have done with him, 

L, C. J, Yes, they have done with him. 

(Then he {^i a used, and [lerused his Papers.) 

Freind, Fust, a?* to the commission yon 
charge me witti, that I should receive a com- 
mission from kiug James ; 1 desire to know, 
whetlier it was signed, or sealed, and %vhat dale 
ilwtsf 

Blair. I cannot tell the datei indeed, sir 
John ; for I neirer thought to come here upon 
gueii an account as this ; but 1 think it was in 
paper, signed above * James Rex,' and below, 
* By his Slajesty^s Command, Melford ^^ and a 
littfe seal upou the margin. 

Freind. This is the hardest thmg b the 
world upon a man ; here you have ctiarged 
ine with money to subsist and encourage sol- 
diers,— B/ajr. Yes, Sir. 

Freind. I would only say thii : you were 
recommended to me for a very honest man, 
and you bare come to me several times, and 
told me, Sir, my necessities are very great, I 
am ready to starve, 1 have a gr^^t charge ; ihr 
God^a sake, will you be pleased to hestow 
something upon me, to relieve my necessities ? 
It's true, I have given you money several 
limes, but I never gave it for any other use 
but charity \ God knows my heart. 1 dcMre 
you to consider with yourself, and aoswer it. 
There is a God above, where you must ^ive an 
«ccouDt fts well aa I, and i hope you wdl con- 



are 



Trial of Sir Jahn Freind, 

sider of it. Pray declare the trutli, V 
you have not writ those lines to roe 
times, that you were ready to starve, 
ged of me to relieve your nec<^ftities? 

Blair. I bare so, Sir, I acknowledge 

Freind, Pray take me right, and 
that money 1 g^ave you, only upon pure 

Blair, Yes, you did give me charity, b 
had expended m) much nvmey in your b 
ne^, that reduced me to that, God korms 
heart. I have laid out many a pound upon 
affair. 

Freind, It is the hardest thing in the 
lb in is a floman Catholic too. 

Blair, I am sure it cost me many a 
more than ever I had of you, 

Freind. You say you listed a great 
nieo, who were ihe men.? What 
ttames i* Who were they for ? 

Bhir, I have given a list of them to 
council. 

Fraud, Who are they? for God knows, 
know nothing of them. 

L, C. X You have a list Uicre, let it be | 
duced. 

Blair. I gave it to the council ; :uid, 
John, I brought in several otHcers to you. 

Att, Gen. Remember, and name asm 
as you can. 

Blair. I have named the oS^fjers alreadj^ 

Ati* Gen . Na me th em again . 

Blair, Did not 1 bring captain Fisher 
you ? and did not yon promise to make hi 
your eldest captain r 

Freind. No, you never did. 

L. C. J. These are questions of pur o^ 
asking, so you must hear him. 

Bltur, I brought captain Fisher to ymx, i 
accordingly we dined at captain Simons*s ; i 
tliere was captain Ridley^ Mr. Richardson,! 
Mr, Fisher and you talked together, and 
listened to him, and in my own hearing yi 
promised he should be eldest captain, u, 
condition that he would bring in a troop ; i 
til is is true, so help me God. 

Freind^ K^rayi where are your men? \ 
what are your men that you listed ? 

Blair, 1 never spoke of listing, 1 only spo| 
of encouraging. 

Freind, Did not you say you bad listed 
great many men for to he of my regiment f 

Blair. No, 8ir, I did not. 

All. Gen. I think you do mistake, sir Jobi 
he did not aay list. 

Blair^ I had money from you upon the a 
count of encourag^g, and treating, and drini 
Lng with a great many of the men : and y 
said it tvas im possible to keep them togethc 
but that I must have money to treat them, 
drink with them ; hut you desired me to be i 
good a huslvand as I could. 

Fr€i7id. I never said so ^ these are very hai 
tilings upon me. 

Blair. Did not I bring captain Cole as 
captain Ncale to you, and his brother* in la' 
Mr. Robinson, aiKl Mr* Gellibrand ? and dj 
not we dine together? 





High Treainn, 
I loMff Dvllimg of atl l!us» 1 ileclare 

mm- 
L C /. If joo woit)<) ask bim any mortt 

AUr. I Imitigli t tlii99e tliree gentlemfni anil 

I. ' 'fut diii you dine llien ? 

^ . ; Ucktiey, uljeu sir Jobn lived 
k«i^« W 0^11 fiiMise. 
l^mi, WHm was it ? 
Ibp. I a year iiffo. Pray, sir 

kli^ 4m I II dteli roe out of coiinte- 

nK;J^tvgh 1 am vrry ill ; 1 fi^iuk notUiti^ 
[iHlliplnitJi, Mill Ihtrdurt* t viilt not bt^ ihixltt^d 
III CBUBleiMfvrr. Yuit kuow tt hat I »iay tn 
r; ywn ib^n dmtik a ip^tass of i^ine to 
» C«l9: Mtd cSifl not you promisi! him, 
elc ii«8 ofi«» af your mothers name, 
|taW«b<«lil h^**^' * T'''«*'e in Uie Excise next 
itf flic oociii .;' ^i.iys I, sir John, 

kitvil yim j;« - ,. <i, suys be, you shsUl 

biKlWr^pukenL, tnon. Tliifi was belore Hi>- 
|jMi>b« vMMher-LU-htw, and Mr. Ck'llibrand. 
[C J, Who wA^ to have the place m the 
?^Bh»r. Captain *Jole» 

I koow not o won! uf all thiit. 
, ftoAr^lny. Cuptain Btair, be not itash^d, 
'fctlie titsth« and yt)vi need fear nothing. 
TImil, I ^Vt was before Air. Robin- 
I Mr- G^^nibrand. 

1 donU know Gellibrand, nor none 

L C A Was that Cole ta be aor thiiii^ in 

Bl^. Y<«T be wai to hate been a captain, 
■italria^ba tmop. 
iit,Oi^ Hir Jolin, will yoti ask him any 



Sa^ I miint de|iend ui>on the jnry, 
K rvmcmher hall' what he has said . 
tCt^ Do vfiu remember any discouHNe 
^9^9»fim aa«l him^ about ^ome brisk uieu 
ivamaMf^ltow him? 
^ C/ Ent before yoy ask him, Mr. 8oli- 
•« uuiM knowr whither he will ask him 
k ^ •■nr 4|iiff^»oiif!, fur lie is nov/ his nititess. 
1 fc t»a idk bifii any more f|uc*lioriN, sir John ? 
I can aak al»out no more thun whtU 



A. D. 1696. 



[30 






L<LJ^ B«t aak him what you will 
fmmL Hy kinl, I have nul heard halt'whul 
W Ut Mid, 1 Im^ llie jury will take care in it, 
^ C i. Some part of it h as twice repeated 



^K- 



Aa III lUal, tnv lord, 1 vvould ask 
tAtm or two. \Va« that my letter ? 

Y«, it wag. 

M «e« me write it ? 
I if to my hands by a porter, 
[•1^ • I waa in bed; my wife 

, 11 liAt waa llial l«tter for ? 

to lifda' In pay tlie last UOl. and I 
a raimii nl* a lisHer Ihat you writ to 

vwl y^ that letter to 



Blnir, He sihewed it me himself, 

h. C. J, ilow jonff affo is that ? 

li^flrr. A yejif und a halt ajjo, as near as I 
can remember, 

L, C. J, Did be say any things of an answer 
he liad to it ? 

Bimr. Yes; hot I cannot remember what it 
was directly, 

Jttrytnan. ITe %vas pleased to say, he saw a 
letter from king' Jumet;* 

L. C. J. Woj no, yir, it was a letter to kin^ 
James. 

Jitryjnun. My lord, I desire ho may ba 
askeil, if he kirnus the contents of thiit letter f 

L. C. J* Did you see htm write the lettiTi 
or did he shew you the letter he hnd writ ? 

IMitir, I did not see him write the letter, I 
seeliin hand to the letter, and he shewed me 
the letter, that he said he had written to king 
Jamcfl ; and tli^re is this parti cu hi r passage to 
confirm it, it was at Mr. Piggoit*« mother^ 
liouse; I dined with him there that day, and 
when he shiaied me the letter, f told him I 
was BO well fdeased with tlie perming it, that 1 
believed Mr. Fcrgusou had a hand in it; and 
be was ^ary angry, that 1 should think he was 
no I able to write,* and did not write the letter 
himself. 

Jnfynmn. My lord, since it seems he perused 
the letter, I d^ire he may be asked, whether 
he can remember the contents of that letter^ or 
ajny of it? 

Biair. Really, my lord, 1 cannot tell that 
particularly: but I am a]>t to think it was 
about the husiuess of the king, and about the 
regiment. 

L* C. /, Can you teU truly any of the con- 
tents of it.' 

Biair. That it was about the aiFairs of tha 
regiment, I am piKHitiv^. 

IHr. Cowper, My lonl, before he goes away 
(that the jury may nut go iiway with a mis* 
take), I desire it may he observed^ he does not 
say* h« saw sir John Freind write the letter. 

*/.. C. J. No, no, but that he shewed it bim 
himself 

Frcind, When was that letter writ that I 
lihewed lo you ^f 

Blatr. It \vn& akiut a year and a half ago. 

Frdnd, 1 declare in tlie presence of God, L 
never writ one. 

Jtfrymftn, He says you shewed him the let- 
ter» therefore it is very fit we should see it. 

L. C. J. Nay, Sir, you must not talk to tha 
pri^ioner; if you have any questions to ask» 
you must propose them to\he court. 

Freind. I declare in the presence of God, I 
never writ any such letter as this he now 
charges me with. 

Biair, And I do declare in the presence of 
God, you shewed me such a letter. 

Frcind. Yes, you may ; but i am a Pro- 
testant, you ^re a Papibt ; you may do any 
thing*. 

Ait, Gen* \ci\ may ask any questions of 
bim, sir John, but you mutt not raii st the 
witness. 



31] 



8 WILLIAM in. 



Trial ^ Sir John Freind, 



P 



Freind, But when yoa chargfe me with the 
writing of a letter to king James, 1 ought to 
speak to it. It seems, J am out to ask whether 
he is a Papist. 

Att, Gen. He says, yon shewed him a let- 
ter, that you said you had written to kiug 
James, which lie read, and hked the penning 
of it 80 well, thut he thought Ferguson had a 
hand in it ; at which you were onended, that 
be should think you could not write such a let- 
ter vourself. 

freind, I declare in the presence of God, 
I never writ any such letter. 

Att. Gen. 1 sup|M)se you'll disprove him by 
and hye. 

Freind. I can have no witnesses to this 
matter. 

Att. Gen. And you can't expect your own 
denial should go lor proof. If you will ask 
him no more questions, let him go down and 
ease himself. 

Freind. He must not be asked whether he 
is a Papist ; but I hope you will take notice, 
countrymen, that these witnesses are Papists, 
and they think they merit Heaven by swearing 
■gainst Protestants, whom they call Heretics. 

L. C. J. Indeed, sir John, 1 don't bear you : 
pray speak so loud that the court may hear 
what you say. 

Freind, I will, my lord ; I say he|is a Ro- 
man Catholic, and I have witnesses to swear 
be is 80 ; and desire I may prove that he is a 
Roman Catholic, and therefore be is not to be 
beard against a l^x>testant. 

AU. Gen. Then the next witness we call is 
Mr. Bertbam. [Who was sworn.] 

Freind. But I have not done with Mr. 
Porter. 

L. C. J. Well, you shall have him by and 
bve ; let the king's counsel go on in their me- 
thod. 

Att. Gen. Pray, Mr. Bertbam, do you know 
captain Blair that was here just now ? 

Bertham. Yes. 

Alt. Gen. How long have you known him ? 

Arthain. About eight or nine years. 

Att. Gen. What discourse have you had 
with him about any regiment that was to be 
raised for the late king James? 

Bertham. Captain Blair had (old me for two 
years last pa^t, that sir John Freind was to have 
a regiment of horse, thai were to be raised, anti 
lie posted about the town ; and captain Blair 
was to be lieutenant-colonel to the re(i^iment, 
and I was to be lieutenant to captain Blair in 
bis troop. 

Att. Gen. My lord, we only call him to con- 
firm what captain Blair has said, that he was 
to be his lieutrnaiit, and that this was talked of 
two years before. DitI he toll you sir John 
Freind was to have a re^jriment of horse? 

Bertham. Yes, SSir, und he obliged me to 
bring in as ninny men and horses as 1 could 
into this regimeiit, and he tohl me capt. Fisher, 
captain Vertiatti, and captain Cole were to be 
ctptftins in the revriipent 

It. C.J* And what were you to be? 



Bertham. A lieutenant. 

L. tj. J. To whoiii?. 

Bertham. To captain Blair ; he has told B 
so several times, and talked to me about lb 
alfairs of the retfiment a great deal, that I cm 
nut now remember, relating to that purpoae. 

L. C. J. This is no evidence against sir Johi 
Freind : he is only called to confirm the tMli 
mony of captain ll^lair; that Blair spoke if i 
long before he gave his evidence, and iokl 
not a new thing now invented by him. 

Sol. Gen. Sir John Freind did ask what m 
he had engaged, and among others, he ntMi 
this Mr. Bertham to be his own lieutenant, m 
he now tells you Blair promised him 80 to I 
two years ago, and tnen told him air J«h 
Freind \vas to have a regiment 

Freind. Do yoa know me, Sir ? 

Bertham. No, l%r» I never was in yii 
company in my life; f only .tell you wImI 
have heard fnim caput in Blair ; I do not hm 
that ever I saw your face. 

L. C. J. His evidence, sir John Fraki 
hurts you not, as to any particular thing III 
he knows against you ; he is only brought 1 
confirm what captain Blair said, that be wial 
be his lieutenant in his troop. 

Att. Gen. Then, my lord, we leave it hflm 

L. C. J. Look ye, sir John Freind, the kMV 
counsel have done, and now you mmy tp«i 
and say what you have a mmd to say in jm 
own defence. 

Just. Rokeby. And call what witnetMt j« 
have a mind to call. 

Freind, My lord, in the first place, 1 4mm 
to know whether Mr. Courtney is come. 

L. C. J. Your solicitor can best tell thili. 

Freind. I perceive he is not come. 

X. C. J. Well, go on : I suppose be will « 
be long before he comes, we wUl stay for bin 

Freind. My lord, 1 must wait for my wi 
ness : but in the mean time, as to Mr. Pomr 
evidence, I own I was at the meeting «t tl 
King's-Head in Leadenhall-street ; I dedn 
1 was at that place, and there were some gm 
tlemen there, out how many or whom I cum 
say; but 1 declare there was not one w« 
spoken there of any raising of men, nor ll 
thing of that nature, that he speaks of, h 
only we were drinking a glass of wine, M 
eating a dish of meai together, and sir Jol 
Fen wick at that time coming in, said to os, 
desire you to come to our end of the town, M 
take a dish of meat with us. And there w" 
nothing spoke of any thing relating to the f 
vernment. Gentlemen, these are Papists, tJ 
I am a Protestant, they don't care what tin 
say, for they think they merit Heaven by M 
fitroying Protestants ; and they are not to 
believed : and that is the reason that I was B 
to ask them the question, liur by law tbey ■ 
not witnesses, and for that 1 appeal to jm 
lordship. 

L. C. J. Hoit^ Why are ihey not witnesM 

Freind. Nay, 1 appeal to your lordship. » 

L. C. J. Bolt. Truly I think they ara III 
nesses, i know nothing to the oontrvy. 



frfmtt Mt lord, Paf i^l» art- not :;ood wit- 
pas ic^tiutl Frni.>i.nit< foi' tUi^ reason tU'it 
1 Ml idt jmi ; ly tord, tbat a 

"* , i% i> t a u) jirove a Pro- 

^ 5t> ? 

Mj Uiril, J ilt^ire to know wbetUer 
cb « suiiiir ? 

HW/. V«- no doubt *>f it, there is 
t &» aiaiof liic 25 ofEfL 3, about 

Prmjr, my lord, does nul tbat make 

fed. IZilf. N(N ioilccd, I know no fucb 

si <j». Thnt cannot be, my lord, ihat any 
mki^mif ^oiiUI Im?» for alt were Papists tlien* 
m no »ucli a tbio^f si a Protestatit in 
pi^E*!. S. 

My l**ni, tbere k tl»e statute of the 

li-s ibe t«t. cat?. 4tb, autl other sta* 

in llie time ni kinor riiarles the 

ibHy »n th«' 3ui!i yi'jir nfiiis reiyn, 

V it is |»biu they ure tiot to be 

ii««tnrtt«, ♦t^cnico they bdieve 

; anil by liiose 

tftttite-book, I 

irijiiiir.j I iM, tui*( advUe was 
r bf my Sawyer ; Jam an lawyer my* 

... .iti.i.. -J ^ ' Mue« J, cap» 4, 



u . 



tjuak shall be 



5Tv t*«rt1. the person is not rome. 
I- Sjfaiubt cai'tum l^lair; 
l>e h a prisuucr at the 
^<ai|j was pleaded to 
. c nil Uecatnc. 
, \4^, yes, ^«^ ttill ^tay a while* 
El ^tr»y^ my Ion!, <lo, foe it will he 
^, ' ' ' I'fur. 

1- I Ittfe yon any thing: to till 

i ' neao Ume? |,Tbeu 

la ytnti au..^.iur returned ^illi this 

1^ 1 Wicf ^"- «- •" *^»»* ^l"iT«r tKf r-ouft, 
IfM s to 

« you would haF«? 

> 1 y lo bin) ? 
. . uifu Mi^ i|uev* 

Yf«, yon mtisi propoiw' yoiir (|ur«- 

-"irt, and they witl aak them ot* 

Ir lUts be the |ier»on you apeak 

WIMM ' - ' 'Mm. 

Mi, ' I deaire you would 

ijitiiio Ulair, 

I liHve I wen a pri- 

.u. ;^„i,.M >»-^ .iiiout a uioiiih, and 

na lW« r#|itJiiu Blair at the same 

ia M a iifriflDOSTt as tnentioned in tlie 

m; kdjg ray cild ac^uaiiitaoct, (t 



was in bed, b<?iug: in upon soiue other accounts) 
and IV hen they tuld mti Ciiptjiin Blair was 
brought ill, I d^'sivetl him to come into my 
eh u] fiber, I told him 1 wixa sorry lo see liim 
tl>ere ; I told him i Imped hc! was node ol'thoi^e 
coneeru<.'d in this phii ; Ite f^aid ha y^aa In the 
Proclamation, but that he was itmocent, and 
knew uothiug of the |ili3t, nor of the assaiisi- 
natioU) nur any thing like it; there were se- 
veral other persons m thut place at the same 
time« and he said he was as innocent as the 
chilli uoboro, 

Freind, Did he menlloQ any thing of me 
then ? 

Courineif* i^t that time he said nothing of 
yon. 

Frdnd, Pray, Sir, do you believe he is a 
Roman Catholic f 

C\>urinc\/. \ do not know his religion indeed. 

Frcind. But doo^t you know him to be a 
Uoitian Catholic ? 

Courlmy. lie bore the character of otte, 
but I nevcj saw him at any church, 

Ju:it. Rokcby, Pray, Sir", how bag liave you 
known captain Blair ? 

Cifurinty. By sij^hl, I bare known him six 
or sevtfn years. 

Just, lioki'bjf' Ptayt upon what accoout did 
youctill hint euplaiu ? 

Cou} tnrt/, l\ vvaH a common name among all 
the cc?mj>aiiv : he was called so. 

Ji* C J* Wha(, all the liuic you knew himf 

CouTtrm/, \Vh, all lifetime that I knew hini» 
1 knt 1% uo uthcj name that he had. 

l^'reind. But did yon not liear that he waa 
rejtuied to be a Roman CaUnkheF 

Courtney, i have heani that character of 
htm amunf^ tho^e that 1 have known, but X 
ha?e very little knowledge of his reltirioti. 

L, C. /. Is ibi'* what you can say ? 

CouHnct/, There are several uthers that 
were witnetisefl of thisi as wlH as 1 ; 1 neiiir 
saw you^ sir John Freind, br-fore in my Idc, lo 
tny knowle«Jg:e, nor ever spoke to you. 

Freind, Sir, a note vv. ■ ue, thatyou 

could 4o mesomeservi' .4 ^va* tlie 

reason 1 st;nt for y oil 1 u.^ i: ,Wt. I'jnj>euter, 
Mr. King, and .^fr. Payne may he called. 

X» C, J. iJavc you done with this man then? 

Freind, I)u yuu kuuw captain Porter, Bir f 

Cuui-hir,f, Yes, 1 do. Sir, 

i , do you know him to be a Ro- 

man I 

Lour i net/. Sir, I ha? a heard that be hai 
wiii'b a chanictcr. 

LC.J, \\'' h^nhe? 

Courtnftf, J iisao Catholic. 

Lt. C*J, Thalii ouly L^ Inar-say. 

Frdn^d^ My lord^ I hate done with this toaii* 

L.CJ. Myon fi ' J hmi, iben 

the Icei'per nia)' at- in, 

Courinei/, 8ir, 1 i»;i»f sui.k uni-; else In say. 

Fraud, My lord, he sa^s he has something 
else to sav* 

L. C. J, Then set him up a^atn : (trhich 
was done.) Well, HiT^ what is it you hare 
mofe to say f 



353 



8 WBLUAM IlL 



Courtney. Two or three days after that 
time, there was a prisoner then io the Gate- 
house, who was ao ensign in the army, was 
rcadintrthe Flying- Post in my chamber, and 
in that Fly in<;- Post, there wa& news that dpi, 
Blair was making a ^eat discoFery, and that 
he had accused sir Jolm Freind, for havinpf 
I'eoeived a commission for a regiment in which 
he waM to be a lieutenant-eotonel, and said a 
great deal abont that regiment, how he. had re- 
ceired subsistence money for them from sir 
John Freind. A little aftei; captain Blair came 
into the room, and asked me if I had got the 
news ? I told him yes ; and cajitain Blair then 
asked what was the import of it ? I told him it 
was there, that he was making a great dis- 
coTery, and particularly, that ne was to he 
lieutenant-coloneito sir John Freind, and had 
received subsistence money from sir J. Freind 
for the men of the regiment. Captain Blair 
answered, that they might put what they 
would in the news, but he knew nothing of it, 
nor flid he receive any money : amd this was 
a great surprize upon me, and upon those 
others that heard him, when we were told he 
was to be the main evidence against sur John 
Freind. 

Freind, Well, Sir, do you know any thing 
else? 

Courtney. Captain Blair was bemoaning 
himself afterwards, that he went against hn 
oonsrience in this thing ; and his wire told me, 
that he was very much concerned, becanse he 
was fl^oiiig to do this against his consrience, 
and she was sure it would break his heart 

Freind. Du you know any thing more ? 

Courtney. And he told me in bis chamber 
vpoD Friday night last, about Dioe o'clock I 
came to see hira, he lay upon his bed Tory ill, 
mod his wife was with Aim ; 1 asked him how 
he did ? and he chipped his hands, and sakl be 
was very ill. Pray, said I, what ails you? 
i^ure you have gotten some very ffreat cold. 
Oh ! no, says he, life is sweet, I don't know 
what it n I ail, but were it not for liiei I should 
never do what 1 do. 

JL C. J. Did he tell yon, he went against 
'his conscience ? 

Courtney, His wife and he spoke at first, 
that he went against his conscience, and he 
believed his conscience was in a miserable 
•itate ; and this 1 spoke innocently among some 
of the prisoners, and I did not know that it was 
taken notice of, but it seems somdMxiy baa ac- 
ijuaintcd sir John Freind, and so I am brought 
here ; I know nothing of being a witness, I 
assure you. 

Just. Rokeby. Pray, who were present when 
this discourse was between you and Blair? 
You say there were two other persons present 
when thill discourse was between you and cap- 
tain Blair, and his wife : who were thoaa two 
persons? 

Courtney, What discourse do yoa apeak of, 
my lord? 

X. C. J. You said then wm two 
te your chamber. 



Triai of Sir John Freind, 

Courtney. Does your lordship meai 
reading of the Flying- Post? 

L.C.J. Yes. 

Courtney. My lord, this genttemao 
was speaking of, was lying down u 
bed, and captain Blair came into m^ 
just after the news was read, and ask€ 
I had got the news ? I told him, yes ; I 
me what was the import of it? I t( 
they said he was making a great dii 
and particularly against sir John Frein 

L. C. J. Well, and who were there 

Courtney. This ensign that is noi 
soner in the Gratehonse, who, I supp 
say the same thing. 

Alt. Gen, Pray, my lord, let Mr. ] 
called while he is here, and let him kn< 
this witness says, that the Court and Ji 
know what he has to say to it. 

L.C.J. Yes, pray let Mr. Blair he 
in again. (Which was done.) 

L. C. J. Trcby. Now, let M^ Cour 

Siat what he said now before about 
kiir's declarations to him. 

Courtney. My lord, 1 tell your 1 
there was one Tooley a prisoner in tl 
house, when he heard the Flyinsr-Po 
bought it, or it was ordered to be boug 
it being brought into my chamber, 1 
him to read it, and I was walking al 
room : in the mean time captain Blair • 
and asked if we had ffot the news ? ^ 
yes ; imd he asked what news there w 
I replied, it is said that you are making 
discovery, that you were to be lieutel 
lonel to sir John Freind, and had re 
great deal of subsistence money for tl 
ment: says he, they may put what t 
in their news, but J know of no reginr 
of any subsistence, nor of any com 
The man that read the book will say tl 
that 1 do. 

Att, Gen, When was this ? 

Courtney. This was one day w 
Flying-Post came out, the last Satu 
one I think. 

L. C, J, But you talked of soinet 
should say to you of going against I 
science. 

Courtney, That was upon Friday ni 
I came to see captain Blair, and his ' 
with him, and captain Blair was very 
dapping bis hands, and groaning, aiid 
himseli^ M>d in a very miserable a 
truly« I thought he was giving up th 
I asked him upon what account he wa: 
and toM him Ithought he had got son 
cold: he told me. No. Well, said I, 
BUir, I understand you are Cfoing to 
to Hicks's-Hall, and I pray God din 
Says he several times, 1 pray God i 
all, life is sweet Oh 1 says his wife, i 
he would never do it, but to save his I 
it foesagamst his conscience : so said ] 
yon have had the character of an hon 
tlcfflan ; I hope yon will shew yoursi 
wui I jgnj Qi^ w^ jon s I wish n 




./or High Trtasm* 

yoar door, Savs he, I am an 
I Hkfta I titat b the tning ibut ti-ou- 
^tWDtfthtng" tu ibat purpose ; whteb 
like riiiftorie of cunBCieDce ivhicb 
li»e fror14. ] Apiike of tliia mtio- 
h^ tlie pmonerH, aori it seems, it 
Niicatea to air John FretnO, and so 

fl Iftcrv to tp!$tify it. 
Prav, ¥rLal sny you to l1»is, cap- 
'Voa bear whav he sav^; do you 
Lnni wtuU ^ou Icdaw of it. 

You bear what dis<M>ur^ he sa) s 
nov ; w bat say you to ir ? 
^Hlcml, this ^eutlemnn crowded 
l^b tne ; my wife m as wiiU mc, 
imis be bad acuri of brandy^ whlih 

B for OK* ti" I had a cold. God 
t, I tle^ircd Docomiiauv mlglit 
lays be, C4i|Uain BlLur/ I have 
\ been ao boue^t ^eatlemau all 
I yoci are going to UicKs's- Hull (o- 
«l • great deal of such discourse 
I nray Ood Almiapbty direct you ! 
t knrow paraed. 1 was very ill, 
1 Ml far from bdofif wejl nof¥; 
tbiog^ of remoriie of conscience, 
. leerey atuJ sahatiou, 1 uerer ex- 
saeb tmngtohtm. 
Did your wife say, th»l you were 
%at you wear goia^'to do that which 
Ml floftacteocef and you would Dot do 
pm y«Ktr life T 
N», I aiD sure »he did not. 
L THii ibat gentleman thrust him- 
IMV oofnpaiiy, or did you desire hitn 
|a CD you f 

No, be tlirast himself into the room. 
Tbe &i(Uc was hard by» and I 
Mr groan, and ^o I went in to 
body hid access to him. 
where i* tb« keeper ? 
I am, 8ir. 
I beg of you for God's sake, 

to roe hut my wife ? 
i« keeper of the Gatehouse 
ly fweor him. 

OaldioiiK was sworn.) 

lat do you cay as to captain 
I hat tiobudy should come to 

was to Ci>me to bim uDle$«i 




\e» ujMin lino. 

ol*tkat man*s com- 

^ nothing of it. 

ilvraya desirrd to huve the door 

'I" <nside, that tiol^ody 

I) \ had a miuil to. 

n^-e he was ill, and 

that I know of. 

with me came to me 

man was with ' me^ 

hack ; ami she said, 

dear Blair, do not 

thbf 



A. D. 1696. [38 

B&wr. When this gentleman was with me, 
she desired me uot to say any thing before him ; 
because, said she, 1 do not' know but be may 
be a trepan. 

Court net/. Upon the word of an houest man, ^ 
and my reputation is nn dear to me, a>i yonni i» i 
to you, she &aid nuthin^jf ni that* She itdd me, 
you were going to do thi*t which was at^ain!»t . 
your cohsf ience, aud you would not do it hut 
io save yuur litk 

A(t. Gen. Pray what is lhi<i inau couMuitted ' 
for, you kee|)er?^A'er/;^n He ii committed 
for suspicion of treason. 

Caurtnej/. 1 have boen taken no five linn*a 
upon suspicion, and this last time 1 »us com- 
mitted to the Gatehouse. 

Att, Gen, Where do you hve, Sir ? 

Courincy, Tn Old 8outhampt<m Buildings. 

SoL Gen. How iong have you lived there ? 

Courtney, I have lodged there about four i 
3ear;!i aud an half; there are fieveral pei^soai . 
cat! come and give a testimony of me, 

Sol. Gen. How came you, Sir, to be broughl^ j 
as a witue^ here ? 

Courtney. 1 was surprized at it: for my^^ 
part what I did was by way of pity, seeing hinn 
in such a condition ; I iiilicfl your soul, be- 
cause you and your wife Volh shewed so much 
trouble and remorse of conscience ; a* for sir 
John Frei nd, I never saw him till to-day in all 
my life, that I know of. 

Alt* Gen, What countr^^mati are you, Sirf "j 

Courtney > I am an Irishman born. 

Alt. Ocfi, Have you any estate in Ireland ? 

Courtney. No, Su", 1 have not* 

SoL Gen. Prav, how came you to go to Mr.^ j 
Blair? ' " I 

Courtney, I have known him t long time;'] 
f have been of\en in hi« coiujiany at tbe coffee- 
houHe; J cannot say I am jiittmiitely acquainted - 
with captain Blair, hut only us I h«ivr«eeu him , 
in the coIfee*hou*e a great many tiinesi. 

Sol. Gai. But I u&k yau huw you came to J 
go to him ; hecuuseit ^pems he desired nobody I 
should come to hiui hut bis wife? 

Court nty. He may say wliat he pleases ; for ] 
he lay tirst in one room, and then in atiothef| i 
aud he could never go to the necessary house, 
but he must go through my room ; but if yon ^ 
(dease to send for Mr. T^ndey aitd capt. Court- ] 
ney, they will say aud swear that these thlngi j 
passed iti their presence, or to the lame piir* 
iM>se, except what passed between bim and ma | 
m his own chamber. Ensign Too ley did read j 
the pa)>er of the Flying- Post ; and as for j 
what lie said of his knowing DOthiiig of thf 1 
plot, it was talked of up aud down the prison,! 
mid m it came to me ; and 1 invited liini iuto] 
my chamber as my old acquaintance ; thougb j 
1 was not very famdiar with hiui; aud as Ti« | 
declared, he knew no thing of the matter. 

L. C J. You hear what he says ; i^ptaiii i 
Blair, did you tell hitn you knew aothbg of j 
the plot ? 

Btair. Yes, I believe I might at first ; ai I 
we were talking w hen 1 Brst eame in, and t ^ 
told him the truth : lor 1 wa« iniioceul as to 



39] 8 WILLIAM m. 

lie assassInalioD, for indeed I wasi so ; and as 
othe invasion there was only some freneral 
discourse, and I was not willing to explain my- 
self among* such people as they were, when 
they asked me any questions about it : I had 
to do with the kiner and council. '^ 

i. C. J. Sir John "Freiud, have you any 
more witnesses to examine ? 

Freiud. Yes, my lord, I desire Mr. King 
may be called, f Which was done, and he ap- 
peared ] 

X. C. J. There he is. Sir, what would you 
ask him ? 

Freind. I desire to know of him, whetlier 
he does not know captain Blair and captain 
Porter to be Human Catholics, and whether he 
does not know me to be a Protestant. 

King. I am of ojiinion Mr. I*orter is a Pa- 
pist ; he was til ways taken to be so at Epsom, 
where I used to go, and where he used to go, 
and he was never looked upon as a Protestant. 

L. C. J. And what do you take sir John 
Freind to be P 

King, I take sir John Freind to be a Pro- 
testant ; so he is, and so he ever was. 
• Freind. But when you have bf^n in my 
company, and they have l>cen speaking of the 
government, what have I said or done ? 

King. Whenever they started any reflect- 
ing words upon the government, he was used 
to say. Forbear, I do not admit of any duci: 
discourse. 

jUl. Gen. How long have j'ou known him ? 

King, He has been mv actpiaintaiice this 
fifteen years, and marriecf a relation of my 
wifes husband. (At which there v/as very 
great laughing.) 

King. I mean her former husband. 

X. C. J. He has reconciled the matter very 
well tor tliiii point ; for he tells yon he meant 
her first Iiusliaiid. 

Frt'ind. Ay, my loni, no doubt of it, he will 
recover it; it was her former liuisbaud. Mr. 
Kinjr, <lou't you mean it was her Ibrmtr hus- 
band ? 

King. Vcs, Sir, I have told you it was so; 
her former 'uusbnud's name was Tiiomas I'ase. 

X. C. J. Mr. Tanner you are to lm>k upon 
two statutes, the one is ii Juc. 1, cap. 4, and 
tlie 30lh Car. 2, cap. fi. 

King. My loni, 1 ha.olicnid him say, if I 
bad uot taken the oaths to l^ing Jame>.* which 
oaths are iMiwiini; to my coii^cieurc, I could 
as freely tako the oaths to the present govern- 
peikt, as any iii:in in Kiii;i;iiul ; but I will live 
peaceably a'td (|i>i(.'tly iiudc-r the govcriiment: 
out because Id* not take the oaths, I am dou- 
ble taxe<l, and I will pay it. 

Freind. My lord, I desire captain Kaines 
may l;e caJled.* [Who appcareil.] 
L. C. J. What do J'ou a-sk him. Sir ? 
Freind. Captain Raines, I desire to know 
ofyou, uheiher Mr. iVrter and Mr. Blair are 
Roman Catl.oik*s ; and 1 desire you to speak 
•a to myself, \ihat I am. 

Kaines, They are so reputed to be at Cp- 
fom ; it was also so reported there ; and 1 have 



Trial of Sir John Freind^ 

been acquainted with sir John Freui< 
years, being concerned toeeth^r in the 
Bands of the Tower- Hamlets, and 1 1 
in his company several times since 
came in, and never heard him give an^ 
ing language against the governmei 
life. 

X. C. J. Have you done with him. 

Freind. My lord, I did not hear I 
I suppose he has declared, as to capta 
and captain Blair, that they are Cathc 

X. C. J. He savs. Porter and Blai 
puted Papists ; and he has known y < 
time, and l)een concerned with yo 
Trained-bands, and never heartl yo 
upon the government since the king c 

Freind. My lord, I desire to know 
he believes me to be a Protestant ? 

Kaines. J did always take sir J oh 
to be a Protestant. 

Freind. Then, next, I desire Mr. C 
may be called. [Who appeared.] 

X. C. J. What do you ask him, Si 

Freind. I desire, Mr. Carpenter, 
will acquaint the court, whether y 
captain Porter to be a Roman Catb 
what you know of me.? 

Carpeiiter. I have been at Epso 
suuiiuers, and usually am there in 
time, and he was so reputed there : 
sir John Freind, I have known him al 
20 years ; I keep a brew-house, as he 
lie have been concerned together, ; 
had several occasions, upon the a( 
trade, to meet him u{>on particulars of 
ment, when any partners came in, an 
knew him but very orderly and civil 
heard him reflect any thing upon th< 
menf, but was always peaceable and < 
was always looked upon as a IVotes 
went to church. That's all that 1 cai 

Freind. My lord, as to the Slati 
will your lordsnip please that the Stat 
be sent for ? 

X. C.J. Yes, yes, we do not forget 
you any more witnesses:^ Call all i 
neiis^\s,'and we will consider of that at 

Freind.^ I desiie Air. Hawkins 
called. [Who ai)i)eared.] 

X. C. J. What sav you to this gc 

Freind. I desire you, Mr. Hawkir 
an account what I am ; whether you 
to be a Iloman Catholic or a Protc^ta 

JL'ukins. I have known sir Job 
these twenty odd years, and have ha< 
v>ith him many times before the chau 
verniuent, and since, I ue\er heard hi 
upon the government ; nor never hea 
siieak slightly of it : and as to his bei 
Ptotestant religion, 1 do know as mu 
man, as much as another; 1 alway 
him to be a Pr<»testant of the ('hurcl 
land, as good as any man alive; I 
went to church. 

X. C. J. What, since the Revoiuti 

Hawkins. I have nut been soconvei 
hiia since that, because 1 went out oft 
8 




Jhf High Treason^ 

; 5ut [ liislinrt^ there are those 
tmu give an arx'uunt of thtit 

ImaturMf^uld muy be oilled. 
^fli I ftupp4Jt>e yau hiivedi>pe with 

r Miiiild stood up.] 

vmi, Sir? 

Ill, i Ua%v known <^lr .lolin 

V, Mlwnc ibf"^^ iweivtv years, 

him as a smcere 

I Imh'ii ill hrs coni- 

u'lj, ami I i»evef lieurd 

1} of the y;'overnmefit. 

^ ^ooj Q, IVutc^^tJiiit Q$ any 



^ as »ti) in England ? Thafs 



t .1 il«ire Dr. Holhnofsworth 

kiUni* iBut be dill not uppear.] 

Il Thru, my lord, 1 de&irc 5Ir.ljUnton 

MM. 

If Tb'^re iM Mr. LuptODi wbat would 

re he win jriFc an account 

liU'f what rrli&fifm I am of I' 

>rd» lui to sir John Fri-iud, 1 

I lii ; he \va!f |dea.sed 

Ik his hou<e a con- 

, i».Hu rj» iiK*j aod afWr ihe Revo- 

^sfU'r ihi' Uvfolotioii ive ulMayis 

pi^,.. ....;.. irt tjjg tJimrch of 

- pn»y for the pre- 
' '^^ »ry, at v*hich 

yon le<t bini ? 

or tive ytara, aa I re- 

1 1 'is family lessen eil ; he 

May to ine, Mr, Lupton, I am 

bndjfej and n»y fiHiiil} lessens, 

'te or <&ix yrnrs a^^»), and 1 shsitl 

on for ynii at present ; hnt if 

or a ehapfain fi^ain, 1 'twill 

i: ifitif he WHS pleased to sixy* 

lm\^ is it, do you say, that 

(ire yrar«; and a* to any 
j^ a Papisi, I have ofren 
'otifi •* - 4...I -^IjouI the Po- 
bit h'^ '^ken vviih de- 

fici|iU . - !\ipiii<s. 
ia?c you lu'nrtl me ^peak of 
ibuut any thiii^f of an invti- 
i wouUI ituitnrt! fny iHe for the Fro- 
fl'lpiiii, or any lliing of that if"* 



(•ifcbCollfTtJw!, Mr. Ernkjne's Ob- 



l4M 111 



its ou the proposi^nl 
t. It hen i'atkd for 
Cane, A, D. I71>1. 
-e. lol. 9> pp. {j'2i, 

Ti Ciflp, fcil. to, pp. 2<J6, rt Kef|.; 
I Cam:, r ' ■ • ' • ' -nVs 

, IS, |i; ; in 



A. D, 1690. • [iS 

Lupion, 1 hare often beard you say, as tqj 

the present government, that thoujf h you eoQlcfj 
not comply ^^ilh it, yel yon won Id live peace- 1 
aUly under it. When we liave been talking oM 
these thin^, you said you never would be iiuj 
a plot ; and iliouorh you could not comply with J 
the present ^Ternraent, yet you wouhl nevei^ j 
concern yourself in any d^siarn a^raiu^t it. FofCl 
my part, my lord, I know nothing by him/l 
hill ibat he is an honest and a worthy gentle- 4 
iiian^ though he be so unlbrtuuate to be under 
tViis aeeusatton 

Ft£tf*d. I desire Mr. lioadley may be calltd. 
[Who apfHiared.] 1 

L, C. J. WeLh what say you, Sir P *■ 

Freind, Pray, Mr. Hoadley, niti yoii g-iv^j 
an account to the court uhat you know of mjl 
beiog a Protestant, and of my hie and oooverij 
«a.iion ? Jl 

llmdlty, ] believe sir John Fieind is a vt r jl 
settled Protestant in the Church of Erti^dand jl 
and 1 have reason to believe so, bec«iuse I hav^j 
frequently discoursed with him, U^^ause 1 havea 
had a couple of children that were his nejihewstJ 
npon whose account 1 have been forced severafl 
times to VI ait upon him ; and he has often saijj 
he never would he in any plot, and his word^l 
that he used to ine wi-re reiOly very remarks* 1 
ahlCf *■ Catch tnc in the corn, aint put me iiij 
* the pound,* J 

L. C X What were his words, Sirf 

HiHuU(}f. He used to say he would neter bil 
in any plot ; for, s»ys he, ^ Cati h me in thtt'l 
' corn^ and put me in the jionnd:' and I havej 
heard him exprfss himself with a great deal t 
dea-vtuiinn of king-kilhnjf. and those principle^,] 
of the Papists, the assassniating; of any crown*'] 
ed head. 

Alt. Gen. Pray, 8tr» how came you to dis«J 
Cfinrse with sir Jrihn Preintl ttknit kiiig--kiNin^J 
ami plots? You are a school ruiister itseLmsj] 
how happened ttiis sort of discourse betweeiij 
you ? 

HoadU^/, There will be discourses aboi]t.'| 
tliese things sometimes, 

AtL Gvn. But, pray, how was the discourwl 
introduced f What was the occasion of the dis- f 
course? iSure there wa^i some occasion exLra^] 
ordinary for him to express himself to you. 

tloutlUt/, 1 cannot remember the particular j 
ocra^ion, but such iliscourse ihei^ was. 

AU. Gi'n. Pray^ how long* ago is this (ioii 
that tins discourse was? 

- ilttadity. 1 lielieve it was five or six timeff 
within these Iwo years. 

Ait. Gen. What, have you had the sanfipl 
discourse five or six times one after another? * 

lltuuitfy, I cannot say that ; but those used 
to be his words. 

Aii. Gen, What, in common discourse? 

Hixfdiry, He said he would never be in any 
plot. 

Freind, My lord, I can bring a rreat many 
more witnesses of this kind, and 1 believe I 
could have a thousand to prove tni? u Protectant. 

L. C, ^ Chll whom you will^ sir John, we 
will hear them. 



«3] RWTLLIAM ITT, 

Frtmd* My lordf 1 am Tfry ktfa to trouLle 

JiiiL i£o4r^. No, it will mot be reckoned 
r InniUe, we will bear all your rTidence. 
Fma^ Tbere b one Mr. Willis aod one 
. UcQungi ; boi I dttire it maj not be for • 
L M to the mctfl of partknimt, for they are 
veiy nialcrt&l for nie, ai& ] sbmJt shew by and 
Itye. X^''* ^^'^1** apiMsanxt.] 

X^ (;. J. H eU, wLa »«y yoa to tbis gen- 

iWind. Mr. Wiills, I desire yon'd ffi»e an 
accottot to ibeir lordsbips, what you think of 
ne^ aa lo my betoj^ a Protesiaiit, and how I 
luive bebared myaeff io frery reapect all aloog? 

WIUU, My ford, I bare always taken it for 
paiilad; thai tho^ tl>&i come to church are 
Proletiaiili | and I did always take sir John 
Frond ta be a Pirotealaiit. Hie acqaaintanoe 
I bad witK bim waa sioce he H^ed ia tbe 
puU of Haduey, aiid we have bad some con- 
vena together; and tiiere have past friendly 
▼mli between iia ; and I do uot remember any 
diiGoarse ivbile 1 was there that tended to the 
goveromeot ooe way or *.n other. 1 was uever 
veryofieo with him, bul bis discourse was al- 
ways ▼cry obh^Mog, discreet^ aad prudeot, 
wheoerer 1 was iliere. 

L, C, J, Pray, Sir, when did you see him 
t eharch ? 

WillU. Truly, my lord, I camiot call to mnd 
rbeo it was. 

L. C. X Cannot you name any time ? 

Willit, He may be at church sometimes, 
^.nd I not see him ; our seats are at a distance 
fnm one another, and there are pillars between, 
that one can't sec erery body ; and I caooot 
cafl to mind when I did nee him last at church. 

X. C X Has be been there w ilhin tbis year 
Or two ? 

Witlii* fie has been gone from Hackney a 
fcyear atid alxive. 

Mr. Mountague. Pray can you say you 
have seen him at church within these four 
years? 

WiiUt,. Truly I cannot call to miud whe- 
ther I have or DO. 

Frrind. I desire Mr. Hi-mttio's may lie 
eslte<l. J roidd call a grcTil many more, but 
tlu-y are much in the *iarnt" eflVct sb these are, 

i. C. J, I 'all \*'fioii» yi>u wtU, sir John, if 
you thiuk fit to call iheni, we will henr th*^m. 

Frcind. Being they are not here^ I will not 
trouble you further ; it is all to the same pur- 
" We* 

L. C. X Well, take your own course ; if 
^jou'll call them, the court will be sure lo hear 
"^Ihem. 

Frciod, Hut, my lord, here is one thinif 
thai I iiHist d»:i*irL' your lordslup^s direction in : 
if thei*e ^feiiilemen, ray lord, captain Porter 
and cajttjuii HloLir, who are the two witne&ses, 
and iiune but those t\%o affainst me, if they are 
Papist j$, they are not cfoou witnesjies against a 
Protestant, to prove him a traitor within the 
■tatnte of the 2:>th of Edward the Sd, For 
Che stattite says, lie that is indiaell must be 




Triol ofSrJiAn Fremd, 

pro? eably attainted ; which caMiol be by 
eridenoe of Papists, and tbose that 
take tiie oaths of obedience, wbicb are 
to be taken : and tberefblv I tonbly 
yon, ibat you will ptrte to tender 
oatlkB, for there is a atatnle tn tbe 
cap* 4, which appoiiita the tendering 
nalbs to them. 

L, C. J. That ts not oar bu^nesa it 
time. 

Frtind. Then I mtist b^ yoor pardon 
they are not substantial witiiefacs ; f^>^ ilm 
the hkw, as I am Inlbrnied. I biimViI y sol 
to your l<ird$hip, whether tibia be not tbej 
1 only speak it lo know whether it be en 
nient for me to rehear.-e it, I asked the f 
tioo before they were sworn, I kow 
i^bether it be coorenient for me to tm 
now. 

L. C, X Jly, ay, it is rery oooTenienI ■ 
now is the proper time. 

Frtind, Before e? er they wefe swore I n 
bare asked them tbe question whether i 
were Papists or not, but tt was not allowf 
was Of er- ruled : now, ny Lurd, there is s 
a statute, aod I humbly beseech you to 
them the oaths, aod that would be 
stration that they were Papists, and then 
could be no ^ood witnesses. 

X (I X You say well, if we conid 
such a statute, that no Papist should be i 
ness ; but there is no such. 

Frtind, My lord, 1 beg your pardon, ai 
hope you wdt not take it amiss ; 1 tMct w 
I am odrised to offer, 

L. C, X No, no, by no means, theie will 
nothing takeQ amiss, 

Frtmd. For the sUtute of tlie25tbof 
ward llic third, and that of the Suth of 1 
Cliarlts the second, and that of tbe 3d of k 
James ihe firi»t, cap, 4, here it is p 
monslrable, that Papists are not tu be 
atrainst any Protestant, who is with 
teemed a damnable heretic \ and then they 
tieve the fK>ue and (heir pneiiti^ can at 
them from all oaths, and tbey are declai 
be given to evasiuoN, aail e«|ui vocations* I 
mental reservntiniis, and can have disiper^sati 
fcir all thf ir villanies ; and the rt lore they 
not to be crediletl : their eridtnve is €%iu*i f 
unh-ss they will in thi^ manner upon I 
oaths renounce these prineipleu: therefor 
hnuddy Iwg they may have the oaths tend* 
them. ' 

L C. X That is not our business now, 

Frcind. And, my hird, jonr lordship 
pleased to promise me that if any matter 
law dill arist*, my tokmsel i$hontd he hcard^ 

L, V. X First let us know,, whether llieri 
any i>uch law as you mention, or tu any £ 
puqjo^e. 

Freind. My loril, t desire my counsel i 
come in, and speak to it : for my life is in t 
gfer, and so is evevy lionest gent]emau*s 
every day. 1 am as clear as the child unb 
I have no witnesses to prove any thing, 
therefore I desire my counsel may be hear 



>u VI a 



J&r High IWesstm^ 



^tJL If tbr nniri did think there 

b Hm ot^ectfofi that yoa tnake> 
I Mil lit jrov b«Te ouum^I^ we M-oald 
Djf w« mre de&ifoiis to do it li' it 

_ Wkit, my lord ? 

' To allow you counsel, if there were 
• in this objection io relation to Pn- 
auts viloesaes, I would be gtad to 
I tlttt would own this objecuon : 
teliii I iM no coloar in it : the statute 
irfkfCidaeed tbat ^ou qnote, and then we 
H «t, vhitber tbera be any things like it 
4 M tftiole, Pnj will you read those 
vailifcri jnra t^ ore in thai statute to that 

IrmL t un not iO expert to know the words 

Idbiad ilkr ; and therefore I think it is le- 

ildbald Lave connseK 

IX It ii ftupiio«<^ you have had crtun- 

Htialt tupfiflfe your counsel that have ad- 

^Wto make this objection, have instruct* 

i^ t« ileraibiHits in Uie statute it is. 

hmi ^y lord, 1 desire my counsel may 
troftdidtudheardto it. 

LC J. 1 It'll yoOf that by law M'e can- 
■I hm ooonid to any such matter lliat has 
^fiMr^if olMection in law in it? though Ibr 
^ Mn, I w»«h we could, because 1 wonM 
mhr^ counsel can say to make 

^tb ion, that Papists are not 

tfml My lord, I wish you would hear 
i9««Mlnit. 

t»Ci. Lmk ye, sir John Friend, you have 
^■■idhn this statute may he turned to> and 
y^ A^ In have theiii read, and they 
^ ^ ife read from the be^nniug^ to the 

.A^ 1 4mM the stjMnlcs of the 25th of 

(lbt]Hnl« the 3*! ues the Ist 

KSUib nf K. UieSd^may 

^ Wkal diaptcr is thai of the dOth 
tIw tli« ac^ootid ? 
fttally It is not put down in my 

, A Then look out the chapter, while 

■ftqgf tka iilhiT^ Lyjok ye, g:eut|eiijeii 

r jonr, «r John Frejhd does desire the 

Kfoir t^ of Edward 5, may he reml, 

k m Ihe sUltitc alMjiu treason*, and the 

-t.L. i, t.» t^ iniitctcdY and it shall 

' Jirken to ii. 

This* iH made in the 
I Ihv thiril ** A do- 
Untl he judged trea- 
inious huve bei*n 
^<4 tri^aaout shall 
at i^L" 
^Jfml, 1 h«^ the favour I may 
1 10 be retid. 
art, 

ium; it will 

II, 1 am lid- 

• »i» vv\ our h ua tn^a- 

TittBurrecUon : and iu- 



Tiling men to come from beyond sea is no 
treason, unless a foreign prince be invited to 
corae with bis own subjects ; for Euj^lish, 
Scotch, and Irish are not enemies, hut leUels^ 
and to be dealt with otherwdse ; therefore 1 
leave it to your lordships, for I am no lawyer, 
only 1 am advised to insist upon these things. 

Then the Statute of the 2r.th of Edward % 
about treasons^ was read thougbout, only about 
the middle the priaooer made some interrup- 
tion, 

Freind, 1 believe this statute ts not the sta- 
tute 1 go upon ; that which 1 mainly insist 
u[iou, is the statute of the third of king; Jaxnet 
the tirst, cap. 4, 

J list. Hchcby, This is the same statute yoa 
arc indicted upon, tha iH'eat statute for trea- 
sons ; and as to your objection last mentioned, 
what is treason and what is not, he is not yet 
come to that part, 

Freind, Well then, let him go on witJi it. 
(It was read to the end.) 

L. C, X Now it has been read, is this tbtt 
statute you would have ? 

Frcind, There must nei»ds he a mistake bm. 
to the chapter, it i^ set down the 25th of £dw«> 
S. but there is no chapter. 

L. C. J. Yes, this must be the statute, ii re- 
lates to treasons, and it has those words in it, 
that what you'read out of your papers relates to. 
Well, that wt may go on in order of time, 
what statute of king James is it that you men* 
tion ? 

Frcind, It is the Sdof^king James 1, cap. B^ 
it is upon account of tendering t!ie oaths ap- 
poiuti^d to be taken bv the statute, and (reading 
out of a paper) to tell the court that they ought 
to have the oaths tendered theuK 

L. C* J. That is the buhiness of another 
time ; read the statute. 

CL of Arr, *' An Act for the discovering and 
repressing Popish llecusap ts . ^^ >Vh at part is it P 

Freind. Truly, my lord, I cannot tdl. 

L* (^ J. It is a long statute, but if he will 
have it read, it must be read all. 

Freind. My lord, I would not give the court 
any trouble, hut it is about having the oaths 
tendered to them. 

CL of Arr, I beliere this is the para^ph, 
^^ And for the better triul how his Majesty's 
subjects stand a^Tectcd in point of their loyalty 
and due obeihence," &c. 

A great part of the Statute was read, relating 
to that matter. 

L, C, J, What else would you have read, 

sir John Friend ? 

Frrind, 1 only gather from thence^ ttiat do 
Roman Catholic In capable of sweariug agiinsi 
a Protestant, L»ecau!ie the piipe and the priests 
can abawlvt? them from their oaths, 

X. C. J. Well, IV hut have you uiore to sayf 
Frkitd. My lord, t ojily « peak this as to Bo- 
roan Catholics, tliey do not regard an oath 
against a Protestant, because they have their 
priests that can &b«olva theoo, and there fore 



1 



47 



iviLLrAM HI 



1 . 1 i. 



.//. 



...I, 



anj t'<:a^^ 1 h<pfie vour if#ni»hi'> i«u: iii:.'^% it. 
M vQu are ■: ▼ couo<«'=-t ; lor \*ia are aa>«ixuel 
^r me. a<» «*';i aa itie kii:^. 

£. C. J. Ye», >C9, [ woold Mp jou ia anj 
tbia^ I cnuH. 

J si^/^- M* fcrd. I itvik r>u : I «:«*>% y-<: 
to fk«!^t nae. lor I am as inc'iocb a^ :h-r c'-.-.y. 
onhora. i*hAL<oevcr th«4 ri.«^i i.avf» S4r>.rr. : 
These are ha?'i tiiLa^<» 'La: jre iii-i uv>ti a 
fTcnileaiaa. ar.«i bo um:i u •sifr ^: :l.-» rit^. tb^'v 
itaaj ftwom by two PapHis, tsLo vriil swear 

jL 6'. J. I^^k je. air Jobii Fri^:::*). have yoa 
aoj viitn^vc^ tf> proifuc«r, i-iai tbeM: two men 
faa.'et:«y •iupU«^ure or mAi.i^xsAizst jjj, 1^:11 
tbev sbriCiM aceorte yru tiLi^!;. .' 

trtind. My lor*!, 1 a f. ♦'"•ry I hi»e not iry 
wit:!««fies: 1 have Deen «i ke^-^i u », :^^t I ha'l 
not Lrne tor people l- crmc to lUfr : K baai d>x 
my cAuaw-i to c-jin»? :o n-..: "t? . ••■■ S:i:iL liay. 

thai, I til ink it wa^ Friidv ei-i ■ r YrA»y i^- 
tMliinby: I h^ii rh^ui coc t. ': FrL-i^y iij't i*? 
jrfUrriorHB: 1 wa.« koi v> €?•-.? rb*'. d>V.- v.*-:- 
perrui-rH tu cvr.*: a: ine: •• ; Ti/ursfliy i J x- 
«n oritf-r, iiu* r*!? r? wa* k iii!?t:iNfc ;a :»r; order, 
aiifl I H«sifr: i f> a"*-*: R-' ■••Jrtrr ord^r, but 1 eouid 
no*, wt ary if^iy (o t;- ^airiLer orler lor rae. ti> 
hate irv trie:; .4 ti co rini eo^ufre !Ot>> zhin^. 
or *'ise I iiLouJ'i i^aie I'/uikI out £dou^ ot' w'ic. 

Att. G^.n. I a-1! sare he Lai! an onic-r t'.r 
coumel. at th'^ «a[ne t;oie that oocice was '^ren 
Ihoi or tii^ txidl. 

7- C. /. Wh.-n was that? 

Aif. (it :. On Tii^V ;V, !rv lord. 

/.. C. /. *Vh4t sav V /u tr. I't. >lr. BaWrr? 

^Ir. Bik^ . My *h'-.<, I .i:.l alt<-i..l »i.- John 
Freiml im Tue^Iay la>t, m jitc inm r.' ti-.;: *it' 
Hh fial as thi^ <iiy ; ard I 4t the 9.i:ue tin^c 
toUt liirn il li^- ^M<;l*i iiamt.' b.s ^'mn* 1 10 tr.c, 1 
w^iild |T'#..iire an oHer lor ilirm '" come 1.1 
bir:i. The ut-il rnvnin-,: he .»;ts j.lexse*! t* 
mnieirt mc sir Ba.-tho'oniew Sh«#wer ; I to*.»k 
the iilvrty t-i t^\. biin. thai he Itui^ w) c«»a- 
cernwl ar tl»e H'Misfr ot L»/nN, an«l at the com- 
mittee affint pur!i;iin9!.tar> b:i'*iD">'4, sorn;: 
otinr ]^r^f>ps ttiat ba>i tumeil hint of their 
cot2ns«'.. iiii".*;:l»*nnli:i^ iir.ki* were |irociired 
t«ir !jm?: Tij ,■ » iM liip:;- -s i!jeir csjUp.v L jtl b\ 
tha! Mi'-'-iii . t'.it \ V. .1 .T <{ • .-.i"*:!.!! i) .•! iiim. aiiii 
l^rtat i!r'r ". « .i-. i''*»'ii 1. • !!ie ri.-i'^iiivra ; and 
theretorf: l' • ^!/- J li -n tii C'lij-i'Irnt it, n'.iu tu 
•eiir]to^:r [' jhIi. ome-* ^.i^jwer, ?:tul aay wlit^r 
coini'fl ili't •« iia'i a ti:.ri I t^t. a. pi ku'itv ttirir 
|>l»^i:«iirr<«. v.>,i\\*A.r iUe\ wnui'l atn-u I hnii ; 
ami if \h: uijii!>t ^nil ni»r wonl. I i»>i;i!il procure 
an oril<-r tor liiiii. Hut m-.l iif arj:.: troui him, 
1 went «"i Urin«'vi:!\ ii> b:irj a^^ii.. acl he ! 
he hfiit to \Ir. NortlKi , but lif uouUi imt 
K to him till be hail j^puke witu ^ir Hartho- 
Hkiovttfr, but he wuaM send me word 
I w|ht, yet he did not. Bui the next day 
M Mr. BaddKh to ne to the diiko of 



.f ZJ** >rr-.. .-* tf.i: ae w Uli! h,iTc .*.' 
ijf' -1 ii..»--i. ' !^.t.:*-»ua:r-\ I prin: 
'i-ir :ue .t, i *•; i*aj ike ^eot wim .r, 
•.>;3 i .- P.i .-T-1 -^ ; 3Ir. U ciue; 
Cr-*.-. t. .r ■ ...- -t iheixi. ^lk. r.:i 
•*f»l---. I irr -••» :>*.w*iew'.iich- acN 
u»l. aivi Mr Lii:r ri^b »err to b- 
: . . Mr. b-.-.ei.-.i ii*; ibe ••r.'.' 
r-'j€ I a.-ry i ;■> !iiri». 1 cat,P"t h^'|» 0: 



ii: 



. C^-^i WAS LtM *.r\lKZ t'< 



Mr. Baker. U wa.s upOGTburvlaj 

I Fr-i i. M_\ i'HiJ. may i s^^^k? * 

/- t.'. J. ^ '-'».}>», wint}OU will, 

F -i : My ir-i. the reasiic wh 

kPy WtiRias^^ »j- th s : ihtrv wi 

m^n. oo^r n)l«-;el t i.-h. iieuietumi 

L !• as. I .^ '.'■ ;.-.T..«.k to :fn. ar*! 1 

Jij'ii ■. .:'i i :ur. e iLorc^. 'h** J-.'ja 

me IV ;..» !. ridvea^i -Dnltr to :: 

.■-li atTe*: \L\ -fci :;r*»»-« ; l*i!t th«:\ ■ 

1.. ir,y ■:.« ...! ii:.--r^i.r'^. t> ;t liie-. i 

r.i: ii\e<isr ^rr.'-a . ;n !*. and » a i 

; ni« I.. ^42..; .t-y . ;" r^,^ aa.si?tAr:ce ; 1 

«iw wu .i a 'cs jn t, ■■■••* wa> iipoo r 

J.' . O -. .U : vr Mr. Cx-iii. :?:« 

^"'jt. •"L-v^.: r'.rr :?. b? was !H;CJrfd 

' Ci'^a ot Trea-'L^. 

L t. J. Ii yju h.i:l w »iitei] iny 
i\a I Li.i •: •; b»'en s»^ t i.'y j. • L».-.-tni\ 
pecte: I'j iie. you t^Ii^h:! : !;jve*iL..«vt» 
ifi.il earn*' i».'; ti» ri.r. i ..iT. 

Just- t:,.-r.i^'.. . ii-.t i»iy l-n| ;.ut 
iii y .11 J.i*r :""•■«. c.'M \- 1 >hew a;>\ r 
lhe>i»- jiersoas sa •ui'j iiife ait\ ii;ii 

Ff-'fi ♦. >Iy '. r-L I wi- c «t ? ■ 'i: 
ycr a-* to kii--v I'itse 1:1; ^^ : 4:. 
tii;n:r. thi: a l.k: ; iisit'* : i.;*.. s.\n nii 

ih.iij. t'.TU.'w. ::»!.. ii^,..r.i iiw*.' r»»il 
null;.-! ti.» iii'i.^tr. Mi'-'litf ti i\ art I 
iii>i .K.>i>r n«». 

II "-^iy. N'T h;i*e voiir ;-. lii.ex. 
lb it they aiv !»"::i.i:i Calbvl;'."s. bu! 
lLt:\ a.«: rfi>;i:c»i«4r). 

A. C". y. \\ cll. 1 raiiDLft It'll M : a: 
would lidve Uir ■ i. ;|' ilit \ l,.'..» i^^ii 
Ha*» you a»'._> m.-n. i.i sjC. s.r Joii:i 

FuinJ. N ». mj lonl. I ieavo ii u 
\i»ii, niiH tliejiir_\ '••co:iS4iiiTcl'it. 

Sif. Li. :. Mj\ It |iL'a.so yniu- ;.-,ri 
\i»u ijiMliini.i • t ihr j.iry.'l am of 
iJ»i«» caM: r'i»r tue k.n^, uj^aid^t mi- J -.I 
the ;.n9i<int:r at the bar ; and 11 c* uus 
til sum up the e^idciue tnai iia> U 
Sir Jo;in Fi'viiid, ilic» pii^-iuirai the i 
but oui). that hi' li.i:ti h.ihorto had 1 
inal. an { iiv Nu...i ii^«o i:j ;easoii t«» 
ih.it Idi hi!ii ai.j. iiijury in i\\\ pa 
sure b'.ih l.t», aii«! yuui ami :I | ^ 
lAtrJI reuiembtT, whcu persous of as 
lily as he is or belter, had not the si 
or liberty of defenw« in such ca^cs, a 
tlenum 'has had : and though all 1 



Jhff High Treason. 

t fh^ tliiie was| ivitbin all our 
i intiifCtticy wws no ssfety for a 
^ moA leflifiir his Hberty ; and wtien 

imm taken awa^, und ure uivaii9fl, 
t^Srt iiiuiIiid'^. Th^ tJTiie «'ns, 
|H«ileitif»^ ...r., , .,. ,..,.> iK- . ^.irrh of 
qfwikklj litiHcff 

Hrr a vt .1, L . iseit is 

* y, tfip time was, when 
kill when Pojiery (for 
if|»f*n the wifne!i»fe») njts 
hoth (14 and it ; and if 
tfi« Uaxani of liis litV. ind at 
, bJMl nnt re«cupil U5» Iherf is 
i (ml ihut all Ihdt we feared At 
[d hsirR b«4 n nmde i^ood upon 
* ii uinchfdy thioif lo 

J sort cif people 
f*f\' \y > n what w<» ttjea 
rontinimtly endcftfouriiitJ!: to 
> * • t( i'i an ttnofratfful 
iire<l his life tln^n 
' ir.re to defend 
'ji oiir ene- 
c a i^tarlv of 
they ran to in r title itcir 
Wis iJi-uc^lyS Kulijecis, atid 
If, ivfiJ-n h« is present 
not »c<*use Ihe pr'(j>onrr al 
I ttitiugti it IK pliiita be knew 

' €^U? I dH^re before God, 
[ Iciiop n"ibir;^ of it. 

if it wffe iinuMi^ equals 

uoi^ritiffiil tbio^. whtn 

' ■■:' T my deli-nce, ihtt 

life*; i>r when be 

I ti- , . .... ujy estate, 1 aUotild 

I spiTiltDi^ bit. ' 

* ||u- nrkr^ntfr at tl»e bar is not 
J of» anil wUal yon 
rvidenee nf» tnen 
I rr*tite to bim : hut if what 
_ iidfnee i^ic*in!(t Itim is true, 
r«i th'' bar in one of those |>er* 
%TCke all bc^ can to mak<> this 
•^ bcvn tbe plate of rrtrt-'at for 
to (!\ In fram pe^fifoutitw in 
i M^y to m^k^ it »s nn- 
tJiat fif^m wliioh fhey came. 
—r iipTiin*! *hin» ii, 
■ en it in «^vid>?nce, 
>t ifi LeadenhaH* 
prisoner, and 
- r t<» consider 
xrick the late 
_ afid i at la«i, tliat 

iMioui'l h ' dy hi to 

' iHe J io bor- 

eblcioaft . liiKiOhorsef 

iii»i| ;; nnd that he 

k« ittiAt ' '.td wiib 

ite him 

to meet 



A.D. 1696. 



[50 



to go upon this errand, was Mr. Cliamock, a 
person lately executp^l for the treasons of which 
be was attamted. Mr. Chamook was diffident 
whether this was the f ffeet of sober cousidera- 
tioo, and thf^refore wnntd not undertake to 
carry this message unlit there had been ano- 
i!it:r oi*eiijig of the same persons 5 to see 
whethf.r iiit^j continued in the name mind. 
Another mcrtingf accmthngly was appointi^d, 
and agreed upon, and thai was at Mrs, Moaut- 
joy's tavern at St. Jiimcs'ii, and there, he says, 
there were almost all the p<!rson« that were iti 
Leaden halt -street and at that itkeeiing the 
question beii»gr asked, whether tbfy were of iho 
same opinion, that Mr. CharnocU siumld 
Ifo to France to the late kinr^ upon lltat 
me^^apfe, that I told you of before? they did 
u!l Hirree lo abide by the old rfsohition ; that ' 
h^ should go, and make as sjniedy a return as . 
he could, and bringr hack the lute ftiiig^'s anitwer. 

Captain Porter tells you, that Mr. Charuock 
did sfo to France, and "comcis and brin^ wonf ' 
l»ack, ibat the French kiogr could n<»t nt that^ 
time Bpare that foree that wjis then desired ; 
dad sii it was delayed at that time, becaube tba' 
Fnench king was uot at leisure then to employ* I 
bis men in this service; but it was likely tor] 
b»?e taken p^nce, but very latily, if the pron« 
deoce of God had nnt prcTenleil it. 

Oeutlifineti, our next witness is Captah 
Blair, and be tells you, That about two yean 
atro, sir John FreintI, the nvis«uer at the bar,H 
niieweil him a commission that he had received* 
from the late kiojj James, to raise a regimenlf j 
of horse, of whieh he was to be eolonef ; thq 
thiH was *i^ned James R^^x at the top, and 
cijuniersigned by my lord jlelfiird, ami it wa» I 
in p:<pQr. And that* there wpre a ^reat many] 
c-'onyultatiotis between sir John Freind, himself,* 
a Of I others, about the raising of this regfi merit, 
aod jirovidinpf officers for it. He tells you he ! 
was to liave been lieutenant colonel, and wa* J 
to procure as many o0icers ar»d troupers as hi 
€Ould ; and he Icils you, he did procure several I 
officers ; and he names ihem ; one Fisher wai f 
lo be eldest captain, oneVernatti, ando0eHall|] 
aniJ one Hertham, and that Bcrthnm was to bN^I 
lionteiiant to Bliiir in hU own troop, 

Geiitlemrn, a gi'cnt deal of tie eridefio9| 
which captain Blair U^ given, is indeed out i " 
sir Jubn Freind's own mouth, and that ia 1 
strOiig' an evideuco as possibly can he iriveti{1 
and he does f*.r tlut ptirjiose tell you, that ht j 
said one Evun^ was to be a captum of hora«L| 
and one colonel Slater was g^rown so loiM'h iii] 
sir John Freind*8 favour, that he rif alk d cap*l 
tain Itlair, in the opinion of sir Jidm Freinaf 
and fiir John Freind f»>r that reason would biivt 
two Ijeuteuoht colonel**, whereof 81 or er was to 
bf» one. Captain Blair say*;, he took that 
ariiiis, that any one besides liimself should be 
in thiit post, and rercnted tt to t ir John Freind ; 
atid thf'retbre sir John Freiud found out ano. 
tlit'r ottice for Slater; :ind that wu^ to be a 
captain of % trioft of horse, that khouM consist 
of lion-Hv^ earing pnryons, and wluclt were to 
b« an independent troop. 

£ 




0?xr.i£3n?L £.i ^"U jm ^uc ic nil jk iLzar r*iua J^i'v-i^i mi iinr mt'ir 

:l:.i ; -^!:»- nr-r inc -jt»^ ii-» a "UH mdkt uu iii»c Fsri'ia-a miiisr'iHiii n ir : 

-:.^ .1' ii-.. *^. I -n riti rtiiut^u. v-iici le uw ler •!" ueo. iau r^ n je » r i. r ; 

..-»i\ l.iU i:« KiS ^'iii. HiiC BT ^UlB Ml~' . Iiri I:i ILm Vic .1 0K *•.: 

.' -.. •! '..it ii.:i. ii;^^ iiLi« j«t::iiinana. wk » ltd Uk ThuuD ii-si •^^■' «J- ■:*. 

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M B^^9 nt 111 IXtt "vs*-^ n « ;:t^.^- 



Iri^w'TfctH 4«M .. ;v)>« • .U «i.4 is. 







ir oayntry^ and to your- 
\ gnilty aceonliii^ty. 



turn made, 
1Wimip«ft o'' -^ 

Mivbia Mid I 
^fvMttof tbr 



Mr. C^mner. Ifj^wr JonlsUiji pleases, »jmre 

«r t v^knl oa iJie Mtrie sitle, iMy loni, I do 

•ttmoMtf jQOr lortl6lu|Miut of nn Hfiprehcn- 

MB ilut ilittns tit ADV ibiij^ nccf^^ury la be 

■il* ibe cudrt iti tfii?* matier^ or torVhe n^ ! 

(MbfeHii <»f tii4.* Jiiry, but, if imssibi^t, that we 

M^tDttriticr the prisoner at tbe bar, tbnt tie 

ImIiI mmU^rd me«iuref in t\m pr«»«(eoiitiou, 

■Mliliini, hot tU4t be b jvroved cfiulty of 

iiMBt of Mhtcb be stands &ccus4:d/iind 

M wtSkw iherr tt no u ei^bt ai all ia tbe dc- 

fi discredit one of 
If, froili some dis* , 
lo buyfc i^iUKsefl be- 
Uere |»roibtr.ed, in 
e. And the first 
. iipOQ Btuir'tt (irftt [ 
"1 t48 to I bat titne, 
to uo more than lUin ; 
ite^piiii lUair would nt»t ijoniess, when be 
■■pBfed Itj n fellow- prisoner, tbat be uaa 
i^^lfti^fO to horrid a de*ign. What iveigbt 
tarifm «arli a& objection, truly I cannot' 
m,km will k«ve it %a any uiaii^s judjarni^nt to [ 
«M^, ihttlat] ; be i!^ Iresbly taken ' 

Ifiancfc til (V [ < y not immediately 

«■*• ba guilt In * % t TV mi<ly tbat meeta Uiin, 
vyfl* fervoQ* tftiit would not bare liked bim 
1^ «sktft*« atirh a eonfeasiun, but perhaps < 
^^M faA»c dcslK^yed hifn iu prison for so 

YW nWr dbieofiTBe wm upon Friday » tbe < 
^»»4i», I ikiiik^ before captiui Blair went to 
•M^f-V*!!, trt ah enaniinjiiou ; and then he 
^kBi«<il into Btutr'ft cbaml«er» when i 
[ ill mfon tbe bed, accost&Uim nith 
fijf m bis ban<U and with gfoud ad> I 
Acne tjuiei tbat bi^ idiontd take i 
wbai he aboidd say at llickbV 
t llie lik« : tind tiien ciiptain Blair« it 
iSA exprec'c Mime relurtaucy in tbe , 
r«aaj^tt|[ Mbnut, as if it were ai^'ain^t 
kwdtnatiou. If tii;it were true, ! 
n BUir ilenit^ it pf»kitiv^;ly U[K)n 
l^tl «ras no more than, 1 am willing 
fe fof tbe ttrKiuif r, t-npiain Bbir did 
I l«r«v whi cait.e into iMinrt ; ^ 

f 1 xr iii uAttiral, since 

br*fn tii% trkiid und inliuiate, 
|WMiii^ 10 ib-p^He tbut a^j4in^t bim, 
I l&«ly ta pritve fatal Ui hitn* 

a'f in nn-'tbiT part of bts defence, 

itK ;h ; ttie (4%i4len(*e brouf^bt 

I Ibi . H *ijliita»scfc «f L' ri*puttrd 

ll^abcMM'*, ;tiiii tbat the prisoner is a 

iFMimaiit nf ibr cltureii of Eof/bind. 

t-lt triM » ^'^ n Im* ritlionjUy 

|pii V \A this, tlmt 

Bfii*#^ « .*......; .vlitin tliey en- 

• Maek and ex^tTuble tU-fu^n, 
^tffjjt^od PapiMa ; but 1 am ^ure it 
t ifrt«i^ thai Inr (krisouer ifi so doiu^ 
I faftd PnHdtanL ^ 

ht olijectA to I heir evidence tliia | 



A, D, 1696* [54 

lik'^vise, Ihalt if tbey be p*j*ist<, they may be 
absolved by the pope, or their pricsM, tlhiiigli 
tbey nboutd linear fiihely. I^oasibly tbnt tnajf I 
be so, for ang-ht I know ; I confes^^, I mn not I 
%ery ^p\i ait^uaintrd with tbe prinripU-s 
thai rVli(^on t but ihi!¥ 1 dure say, that every j 
one, who has h€ard \i'h»t ha«« been swiirn by j 
tbeni, ivill think it ftn great a disserrice to tb« ] 
popiii^h i^use and interest, th»t it will be ou#i 
of the lost tilings their priests will ever ab* 
solve them of, 

Uly lord, there is another matter the \m* 
soner has thought fit to in^iisl upon ; Ke hag 
broog^ht two or three elergvoifn to dtfitse^ J 
that whenever he diseonrseil ^ ith them (it | 
seems at all times) he was talkitiir about fiein^ 
iu a plot, and ^ery readily told m> resjolution 
not to be in any. It seems it still snaui up« j 
|>eniiost ; hia professions were made very ] 
cjiuscleiislv : for they all say nothinLr jutro* 
dnced therii ; but of 'bin own' mere mnliou he ] 
WU8 alwsvs declaring he wa^ not llien in a plot, 
nor ever' would he. I hove heard, thut on© j 
way, weak men ami chtldrt-n often dit»eover . 
their knowleilp^e of a secrei iiilrn»fied io thpm, i 
is, by a repeated and uunccetiHury dcclartng'i j 
that they know nothinj^ of the matter. 

My lord, in tbe next pbce fur \n*i defence, < 
he itiEt offered a point ol law ; Imt I be r«*uri so j 
well tjalisfied him in that, that I titiuk ho , 
waved it. He alledg-ed^ that a Imre conspti-aey < 
to levy war is not treason ; and tht' court did j 
him nght in deelurtng (as tJod forbid but they 
should) that it h not treason : but 1 dtsi*e lh# ^ 
g-entlemen of the jury would consider ilitii tho 
prisoner at the bar is not accused barely of^J 
CO n<t piracy to levy war, but yon are told to < 
what end that war was to be- feiied, to join tho i 
late kind upon his descent into this kinplouf ' 
witli a French power, ia order lo drii^e hit « 
iDuJesty out of the kin;»di>m, and lo deposo ! 
him Irora the crotvn ; which is a killing bim 
in the eye of tlie law : and that is b i&(ti- trea- 
son » by whatever mcuns they in tended to- 1 
effect It; wt»ciher by war, or a slab| or any 
other manner, it is indifftTent 

In the n>'\t pLice, my lord, I would nofe 
take nohce fd' another pari of his defence, 
which had bcuii l^^tter let tilnne, wherein ho | 
adnti(*» iluit he was prejient at the two ineeliny^ 
he is act used to have been at by Porter ; but 
he only dtHei-s in one point, tint there was no* < 
ibluu; ttilkt^l then but u^rnerat and indifferent 
di>*courbe. I'lie witnesses ha%e swoni what 
the di«}CourHe wns, and you will wetfi;h the one 
ai^ainstt the othH"; his nlfirmntiou «'t a ihiojj 
nnhkely in defence of tiiin»»elf, aini vvlinl is de- < 
posed oi>on outli by the king's witnesses to the 1 
coiitniry. ^ I 

My lord, there is one thinif more I wnuhl j 
lake notice of, and Lh^t is ih*^ evultnee o| >|r. 
Bertham^ which we di> ii«»t produee nsiiaihieet 1 
ewitlencc yuanist the prisoner :tt ihe Imr, hot af j 
a eoolirmulion of wh»t was swum by Blair. 
Aoil kt does shew tluU the uKitti'r Hworn hy \ 
Hialr, was not of late devised out of nia« 
lice, or otlierwbe, to deairoy the prisoiier ; 



I 
I 
I 



I 
I 



65] 8 WILLIAM IIL 

for 1 bat Blair acquainted Bertham frith, and 
diiscaurHeU tiira atiout Ihe priticitMil matters of 
faci, that are now sworo, at Wast l»o years 
ttgtj; diid lK^»des his evidence and tbe evi- 
d«fiice ol Bittir concur in tbi^ particular, that 
lie was i(i lie Keuteitant in Blair's troop. 

My lord, such & coocurreucc of eTidcoce 
and other cirouinstauoes iu this maltsr^ t^rpatly 
increr*se the wet^fht of the pro<if a^rist the 
pi ihoiier, especially when there la notliinf^ tiia- 
li-jiiil ull«*tl^ed by him in bis defence, and 
therefore 1 shall trouble )our lordship do fur* 
Iber. 

ii^C*J. Holt. Look ye» geolJemen of the 
jury. «jr ,loba Freinrl, the pri^ouer at the bar, 
i» iiidtct^^d iiir hi^li tre;ison. The trcastiti thai 
IS in«*rjttnDed in the indictment i» ciHispirinn;^, 
c»tti;Ki«8in|^ and irn^pning- the death nnd de- 
atinciiun uf ihe kin;^. To prore the conspiracy 
and desi^u of ihe kind's dt^ath, there are two 
principal overt-acN thit are ni^iioty insisted 
Upon, The one n the eonsnltin^^ iiud airreeing 
vith d'vrrs others to send Mr. Charntick into 
Fiitiice to kio;; J^mes, to desire him to per- 
suade the Frej»ch kin^ to sond over forces here 
to assist them; who were to furnish other 
forces for Iheraisni^' of a war within tbis kiu^- 
doni, in order to drj#oae tbe ktng^ : and ecvord- 
ingly i\Ir, Chai uu*:k was s>^r»t upon that de^igii. 
The other overt-uct is the pri$on*?r'ji bavioAf a 
coinntiN»ion from the tale kin||, and prt>parm|r 
and direelini^ men l*>be levretl, and U> be rea«ly 
to he in a reyimeni, of whnb «tr John Frcrncl 
was by that commission to iie coUmel ; and this 
was aiway« to assist in the restitution of kln^ 
James, and in order thereunto in the deposing 
and exfujlsioii of king William. 

These, yinitit:nien» ( tell yoa» ^rt the two 
overt -aci?i that are priori piilly insisted npon r 
and lo prove sir John Freind' guilty of these 
ihere are two witnesses that have been pro- 
duceil; the one it) explain Porter, whospeiJia 
to the tir^t, the other is captain Blair, «vho 
speaks to Ihe second. 

Capi'iin Porter tellR you, Thai, the latter 
end of May, or the bejfinninq- of Jime last, he 
and sir John Fix^ind, nnd othens that he men- 
tioned, were at the Kint^^s-liead tarern in 
Leadenhnli'^lreet, and there they enteretl into 
fi disi^dui'se abont the relomint^ of the late 
kin;^^ James ; and they did con«iid^r anriooi*' 
iheiuMilves w hich was the most effectual way, 
and what were the miftct probable means m 
have htm rastored : and tbereu|>on it was agreed 
among them, that they woubl send a messen- 
ger into France to him, to dewire him that he 
would solicit the Frcocli kinc to furnish him 
with jOjtKX) men, lo Iw sent into Eni^land, 
8,000 foot, l,ODO hoise, iiud 1,000 draLjmins ; 
and ihey did agree, that when these forces 
were sent, consisting of this number of men, 
then Ihev ^vould bu rendy to meet and join 
ilicin uith 2,01/0 horse : every one of them was 
to furmi*h his quota: lo which sir John Freind 
did es^ptessly aj^ree. Tiie mes!i«!ni;er tliat 
tliey agreed to »«nd was mib them in com- 
p;huyi aud iteard tbe cooitill^ ivliicii was Mr. 




Trial 0f Sir John Freind, 

Charnock, who was lately tried and smce 
cute»l . 

This being at that tim<? determiuefl, 
Cbarnock intended to go upon theeitxntwn 
that dt^igu, and made ready for bis |oi 
but hefoie he went, he bad u desire to 
witii the company again, and Itare a f 
djscoun^e upon this luatter, losee whether 
did persevife in the re&olutioo tliey 
taken. There was another meeiiog 
week or a ibrtnighl after, which was 
Muuutjoy'fi, a tavern in 8t. James' 
wiiere tiiet sir John Freind, capudo 
and divers others of the company t\ 
htlbre at the King's- head. And 
entered into a delmie of the matter again 
quesiion there wai, Hbetber Mr. C" 
should be sent into France, as it was t 
agn^d ? And there it was agntu iletej 
he sboulil go ; to which beugrved ; ao4 
tarn Porter says, that be dtd go about 
three days alter. 

31 r. P'i rtec tells yon farther. That about 

time th it Mr. Charnock CHmelNtck, Mr '^ 

was in prison, and be did oi^t see Inm Uf 

^rst return, bnt iif 4 rvinrds he met and 

with him, and ask<^ hou whHt nus the effi 

of bis negotiation ? And ftlr« Charndck 1 

bioi, that lie bad done:oi he was dir*el«d; 1 

he had been wtth kiu^ James, aod li« 1 

spoke to the FnAocli kiiuj ; hut U%** iiusw«rr 

turned was this. That the French kmi; bud 

casion for liis force?* that year to lie oihfrwai 

employed, imfl therr:fc»re he could tiot aHi 

i siich a number of men thut year; and I 

j Portfr asked him wbeiher he btui 

I the rest of the gentlemen, ami urH|UAmiMt tlw 

I liierewith r And he said lie had. lhi*»t«t 

substance of Mr. Porter's evidi uce ; where! 

you may perceive what tbe meetings *»ere ^ 

what resotulions were there taking, and wf 

waaithe issue and effect of them. 

The next witne*iK is rapl^iin Blair; and I 
evidence giHJs to the other part, that is, to 
John Freiud's having a conmnssion trom I 
late king James, uiiil engairing him and 
lo be in his regiment, vi liereof sir J ohn waa 
de colonel, and the providing of otHcers* Jy 
' for that the evidence siUndf^ ms t 

Captain Bt^iriellMye, ih«l about two orthi 

Jr'ejsrs ago, be was with sir Joht« Freind at I 
odi^ings in 8nri*ey -street, and there be il 
Sirnduce a commisKiun tbut be had from ku 
Fames to be colonel of n regiment of bora 
be was to raise it himself, and w;ls to apj>oi 
Htid provide what officer he thi»UL;ht lit. I 
says, he read tbeciminiitision, and it was sigl 
ed at the top James Hex, and countersigned | 
tbe bottom ilellbrt ; this he is posiiif e in ; 
lurtber, that sir Jofm Freind did pmnnse 
he should be lieutenant colonel ot this regitii 
and aUo tlint cootain Blair viould get as ci 
men as he could ; and that there wore 
officers that were appoinieil in that ri 
and particularly one Fisher was brought 
!;ir John Freind by captain Blair, to be 
first oaptatu^ aiul one colonel Slater, wiio.i 



IhnBiiiotlier 




for High Treason. 

I b imroitr with sir John Freind, wss, ta 
er Ueuieoant- colonel ; fori t^id 
mmAt I liafe » luiml to bini to be 
■nl-CiiUine), and though you are m 
Irt is no i natter if we ha%e two in this 
t; at wliicli Blair look ?ery great of- 
md expresaad as much io sir John 
I; wliereu|)Oti sir Johu Freind iM Uim^ 
1 Dot be 9iH hut said he would make 
provitioa for Mr. 8later ; that he 
I be It ca{itiiia of im independent tniopt 
boutd be composed of noo -swearing pai- 
, and tb«t frhall satisfy him. 
And sir Jotiii Frfiiid 4id intrust caplain 
lair Kith the {vrov.thng of men, and managing 
f lbein« And cav'tuiu Bbir tells'you, he was 
iA|^f«ai de^l fd cUiirge, and bid out direrse 
imt» cure»« theui, and keep Ihein together ; 
li imiimifr inotiey (o procped in that aOair, 
ICMOM Io lir John Fi find» and tuade great 
iliAi ii{' ivBUied money to carry nu 
^in^ the men to kwp Io* 
<j |>ress**d wr .John Fi'^ind 
tolMMrii turn %viih mme money; says lir 
Ml, There is lUO/. due Io me, beeau>^' i kid 
b«B loot lo tun he? the escape of colonel 
Fiji^otk lias receif cil it, and hail 
i to pity It me, but I cannot yet ^et it, 
11 bave Wl' «»ut of that iOOi. it you 
unlit. WeU, buthow ia that 20L to be 
m^f It acems there was one HamKoa or 
tkmam^ prmt^ who had some inter^t to 
. and he was to htJp hun to it ; 
tUt* 20L was aetuatly paid the 
of June or ibe beginning ot Jvily 
ttO/. be swedirs he did receive npou 
bv the direction of s^ir irdiu 
•a employed af you have been 

BJair had occasion for more 
t was Home time after I^liehat4niAJ 
wuh lo be emjilityed as the t-umier 
nI hf was verv tiupurtunate to ohtiuii it 
r Jono Freind: at Uutj^ih he did obtain it, 
> you, and the manner how. He pro- 
iltfttW under sir Jolin Freind'sown haiid^ 
Hjimi it Io be MO ati^wei' to a tetter thut 
, Blair bad «»eui ui turn betore, he thiuku 
IJ^bebta own hand, lor he in accjuainttd with 
!■ baud- writing. B<it that is nat all to 
intf it hi% band I lor the eoiuents of the letter 
it IMnarkable, which are about the payiueul 
iwrnomy U* BKttr : The ktler bears dale on a 
racdU^ mcirumgfi aud is directed to captain 
Unr; and a porter hroug^ht it, as he tlnnks^ 
I bai buuse; and ihetaby it waa ai»p<itoled 
bailiiax abould meet on Thursday next a! Jo- 
■lbia*a coffee- bouse about the hoor «d tnelf e. 
M a0eonliii|fly captain Btair came U\ Ju- 
ItfdHa*^ eutfee^bou^e, where be aecoidiistrly 
Mbaiitliair ioba Freind, aad there waa Har- 
iMVlbe priest^ audPigi^ott, and (here he does 
latiiv^ a ftiin t»f monuy upon the same uccouni : 
bllMi iKiw ibe proi^t of tiii^ leitar doei^ not 
k barely u|m»q the knowledge of the band, 
cOQbaiiS of It ; and the subsequent 
tiae aud place ateatiooed in 



A.D. 1690. 



[58 




ibe letter, is a great evidence that it was tir 
JoJin Freind'a band writing', and more monej 
is proved to be actually paid in I he presence 
of sir John Fretnd, which h the most ma- 
terial part of the evidence. And you are told 
further, that as sir John Freind and captain 
Blair were g^^ing together in a coach, from 
Jotiaf ban's coflfec- house to 8l. MartiLi's-te- 
grand, there was a discourse betwet-n them : 
and sir John Freind said, For his part he would 
not stir till auch lime as tlie Toulon fleet waa 
come about, and joined with the Brest fleet. 
That he did think he waa in dan^^er of being 
apprehended wlieo it came about, and therefore 
captiiiu Blair was tosculk tdl then, a&he himself 
lold him he would do^ but yet be should get 
what men he could. Aud this is a great ar- 
gument of Uh he'inft concerned in the iniended 
invAiiion, and that hi si making prL'paration for 
hijs reuim' 01 bad relsvlioii lo the French tuva- 
sion which was ex|H>cted. 

It seemp, two ye;irs ai(o, there being- a great 
intimacy between Blair and m* John Freind 
as appears by all the evidence. Blair waa ac* 
quaiint&il with this desij^n. For you are fold 
of the letter that was writ by him to king 
JameSf which he shewed lo captaiu Blair, >md 
it wan ccmceming bis reg'icneut; he say», ihnt 
sir John Freind owned he writ ibal letter him- 
scll'« that Bhir did read the letter, and finding 
it sfi well penned, he said that he thou^^ht Fer- 
guson had a hand in it, at which, air John 
I Freind w as angry ; but tllair says, the letter 
was coijcenilng the* re|fiment of which sir Jobu 
Frt-Jiid w&n colonel. 

Tlinn, tjemlemcfi, you liave Bertbam called 
to prove^ that Bluir did tell him, that he was 
lo be hi."* lieutenant colonel, which was long 
beltire there were any thoughts of any disco- 
very of Ibis iutendeil invasion, and hetore the 
dit^overy 'd' the plot of assassiiitttion, which 
&ir John Freind <tid own he had some know- 
ledge of, hot he disliked it» aud said it would 
ruin king Jameses aflbirs. 8o that, gentlemen, 
1 think thiii h the mim and substance of the 
evidence that baa been given upon this occa< 
sion against nir John Freind, to iiiddce you to 
|jelii_'V€' him U» be gudiy of tkils crime witb 
which lie now stands charge d. 

But uow ^ou are to consifler what sir John 
Friend aays on hehaif of hunscif In the 
tirsi place, be makes an obje<Liion against ihe 
cvedit of all these witneHsen, that ihcy are not 
to be believed, bi?cause, says be^ Uiey are known 
or reputed to he lloman t'atbolics and Papists, 
and their consciences and their oaths are large, 
eiipeciiilly wbeo they think they can do an in- 
jury to any Protestant ; and therefore they 
arc pot to be allowed a^ witnesses, at least 
their credit Ls not sufficient to induce a jury 
to believe them. At first indeed, he urged 
there was a statute and u law that did disable 
them from being w itnesses i but J must tell 
you there is no such slalttle, nar indeed is tbeir 
being PApiats any dimiuution at all to tbe Cf«- 
dit c7 tbeir testimony : (For Papists are legal 
witaeMeSi aad IbougU there wee «tti4^t« W>aa U> 




59] 8 WILUAM lU. 

pvniih tbcm for thtir wn-cookftmiij m the , 
roorrii of EaglaBd, and for other their IVipah 
pnctios ; ycc 1 kaov of w> law that readcn 

F^ ¥o« are I6 cocsider Pm^om are ChrirtiaBB, 
r hj the noae oraa^rehrti that IVo- 
K«io; and aa for that supfoait>M. that 
ihov look opoa Prptiitana aa Heretics, and 

yadhffwuina &r aaj oaifas that the j 
L them ; you are to coMier, as It 
hm Terr weA'ehserreii by the Hag's 
cottDJol, that ^ey are Defer lilce*io okaia aaf 
dhyeiiiiitinn or parcSoo. if they iboiJd Amvear : 
«ht«uel«es to Meat the dedlps of the B9pah 
faity ; aad tlMTctore it b a very iaeoasii&erabie 
•hfcvtiea, a»«i in lav case haih'no «e'^t. 

But liiea ue doei isscat open is, that ca{)taiD 
BSasr &» so: u be teiMf^ ; aa*! there are two 
ohtetUMi^ he gtokes against him. Fkrst, that 
he j^ deoy that he knew aay ihioir of the ploc 
For Biair'beia^ npca thia* 
friaaaer «> the Cue-hovae, aai aAerwanlsv 
^paa a lii s uwu se of oook news m the flriac- 
whoeiD it was menfawieU that captab 
hid c fium. ll all. «»i ataie a Mi di>- 
aaJ t he r e upo n he 4waU ot. he was 
t of the piM. awl knew toidw; of iL 
Yob. feaarwea, or to esaoder the weight of 
^hai uOyecco^ Fim. sa^vmr he had nai so. 
ii toiiCtH be. he vaa bm wiLac <» be «^s not 
obhtred to owm ic. and vooU w< cimaesa ii u 
that dtocukito thoKe DersBOS. Ik «as boc 
hia iaceresc aaii Tnalersce to be too opea ; asJ 
•hezefrjcf ii 'i'sesairc fxiifv. 6ct ^lecause a baq 
«oa.«£ QfK STTLsc tjc-frs t*^ bs cJOAfSKea. bat 
deaiKii ajs> £:o«ie<i^ qix p^*:: vjmo -jHfre vw !io 
orm&'.a f*:-r •.•n r> ow^ it. s^itf 3ow li^; *wexr^ 
it pcRU'Vtf.ji. :-<r«ftH>r he iixou.a swear Tii»*i\r. 

Cir toe «Li<:ioL::p:a .-r CiZiirse/. aa*i iji te»- 
Bxai>«iy. cjtf ajcn u* oiiiix -jei-idrw*: :> ^«u. 
that 3< on a<K &1V &^ K3ew 9'^ j^v :iif Hc c:' 
the 3i':c. a*ic ;.'i Ccn liiv eoa«:er^ t. jc ajiuw- 

fe mii-2 «r J.. .-a r .-ein*! j* u-jifX. i* »»c:^c 
he M% ' 1 j*^ ui t::^* •ft:si;£neo as8a>t>uM&*'j. set 
of a aeii;ri w-.^^ »Mve >i 'topuiM '^tf a:q£. joti 
MRurs kiA^f Jauies. 

Ften » ai L3tf -jcier ancasr :ii3C wjo o^^ 

Siac i« •'n.Jd u» 'ijocaua Bsair^ ciukiiiwr. aoti 
mrk 3.ir:!-f t i.;* >nac a* Se a warh?** jc 
H.ini:< s-ixi ue i".n ton*, lai said. 1 x^i God 
lirrff:? - -m ; uii j« ny* w v^. lil*:!! prmmc 
nut z ^T-fci api^-c 3i» csBiciHaL-v. iizd le 
■am ' «i K ji v^ry JTvv crjOMe a^oi£C ic, 
aoit i^ici -9 jQiTCj. L>ic ]u« vjy ii n Biair 
OAonasaL ^isiii^ esLinixt^i i?mc lii.-« cocft. >bws 
tirs '- soMiioe'y. nui za.>r- m «Hr «.m am lay 
WM.v': ma^ ij zijz t w .* n^ 't bis ova> 
■r.cace H<f iay^ ixac .4«i^«avy ^ j< n to am 
-•- ]}iiiL. Jai J< ■«■ w io-ftre 
>:i:::^ li baev bi^toanx K«e 
le i^ite nriMiMao to ne 
if iwean; toiKto* 
vuh; ami Hr. 



7ns/ //Sir JcJfai Jrend; 



Beside*, geotlenBea, yoa aretoi 
probabiLty of that which Mr. Courtney a 
When m aiaa is to be m witneaa the next 
npcto a bill of indjcfent bdbre a prand. 
that he should be so itoiiscieeC* as to lej 
bad J he was goin^ to swear against hia 
^cie^l^e. b stnc^ aad very iiaafowiw 
Yo« are th ci e foie to rniiiirtiFr of this ^ 
matter, what evidence ca^icziB Blair has g 
aad the iapait of ii, aad the wci^ asi 
dtoility of that evidence which is pvea 9§ 



Then air John Freind 
aaatier : Says he, I am a 
nat GkelT that I tbntama 




an 9V7->^if !u «ur'j<' 
af ir.nd a.« iBinCi^ 
fas ml 




lor tbnt he hoa called e%ht 
TontherhBre' 



ftefBeatly t a umatd with him. 
he was ever piipaihly i 
they have been fn^iBitfti ia'h&i com 
sinee the Revc'miBB, sBd they never kar^ 
ataar tiaaehe u lb uU Bd Bfon the ^ooeimi 
■ay. 1 thiak one mid. thai once he did ro 
a man libr taOuac — liimiily at the pi 
meat ; that he »ed CMSCutf y to ^o to c^ 
t\Mr or lire yean ago ^thoogh there is i 
coont Of that anee • Aad partienJaitv 
ii sne Mr. Laipam that was hm rhiplim 
hetefla yeo bewaoia biaboiHe: aodlfat 
rend the* cvoimoa- prayer in the tsmily 
the Rrroiu&oo. atai prayei tor the kiae- to 
!iice ^oeen. aaJ nr Joda Frcuad w^f eiftm 
seac as the pnycrk. aad ponicTikLriy whi 
prayed tjr tse {rmeiit kaac. aa-l the 
(^i:«<Ki : bet ce sajs he ^uxnaisit' hx» be^ ] 
th^fn.v S7e i«ars».'aAi b-to jcen iioae confo 
wi;:> 2ini HM. 

Tcere 2f aobUier w'.tiesa toils yoo. he 
betnx ^ >.r J-*Qn Fcvisd'y ctiiiig>*a« iL-versB 
m-3it7*ji ih* 3eii<vc4W 3e a FtniceaciBa ol 
chc-v^i vf Eii^asa. asti ham aad a diie 
CMjicvru.u^ u« Trvseoc x^veraowat : am 
siT Jjit3 fc'mod «Lti. iiA.li liiiM^ra be coal 
a.<e 3e MiOd^ iu«i :3c kov cuoiiirai to thi 
v^rninefu. y^ be * is -e^ t*«*l '.o hve ^ 
aacer :c ; ia<i w<*4 ii jcc tuiruce .a aay bb 
oc pri*c pV be ijtjc onccifaM a m ^ \he 

«iM«iia JHl Site iB i!M 'HhiCtj*. 

Tbj« » ne turn *aa MObCUKv rf the 
deace la buch ^niies : aon voo. ;fvaik 
jrv ir» cvaaMiier to* • i\zn£ 'ti txs port « 
defeiice tLt?. votftaer is je a 4u&*:eut as 
to L-ie ev.ueo.-tf scivm j|^imsi« i.iU, aat 
wai(rSc «n:iia^ ai jtifr-aoi-anof wniU the 
3KtfM» Sir wi« JL:*?^ 3a*;; $«'Mn ' F<K a«£b 
be TO a ftV^esfciiic ^«fc :c » Ti-oin be h 
i^nnL: o^tibc a> tr^ ^j«mm<a& : jnd rtiec 
wvu;d auc Kike ;3e 4«U2o : aoii ci^Mi^ bi 
preMrac » the coujomo ?ra%«r.^ w^a the 
jo«i iiiarvo- were pra^tAi air. y<t wbetto 
90iD*4 a tiawo iirat«r» to niry aac-e 
^fVmran! a <nraB 3nm« . wno see nuc «cr^ 
adevaeil to the prmoac*^o«e 



ba a lars 




>1 



for High Tii 



JL D. 1696* 



^if j<ii nti)«r liny ITS for the present ^o- 

\ pMWM Ar t-rt : \uh nmnrU iic:' lluit fscru^ile^ 
tttt^af that too; 

^0 wkmh i; tt Pro- 

MWrifti (ie in 

• linkii re he 

tmm If ttal Ltnd »botitii ditcrmUt these Yvit- 
»MMsM fiifi' iMUfii bp hti8 bct-n j$o much 
r«BMJ In ft Ptot. y<m ttrtr to CfJUHitler ; atid 
CWfHV '' -nil uAturc of the ovi- 

iiMli \ ih« other, it must lie 

lM#jMr «M[MrT|iM .11111(1. 

Ha the? ti Aiifiher thing that he <hd in- 

fti ipB, Ufd that tti maittir iif law. Tht^ 

MMi^ tif IMli ¥J, 3, was read, which is 

^paimiatf %hm\ trc£i«cms ; und that does 

■ liTRstfiecieM of ireitfiOii, and declares 

M W tms4»ti. One treason is the 

ami ioiaginint^ tlte de&^b of the 

il thr leryinjf of war : Now, 

iW«f it no war aclonlly levied ; and a 

K-y or tlf&jgn to Wvy war does not 

lilt la»» aijainst trenson. No^v 

mmi I**!! you, if there be only a 

wsr, it is not treo^n : bcil 

^lirf«i»f»irory he either to kill the 

ihinu or iitifjriftou him, or put 

upon him, and the way 

^aff^fCtiDg of these, is by levy* 

^^t tficT^ the coii*?oltation, and the 

, , ^ Ir? J a **ar for that purpose, ia 

Ifl^lniidct, ihouuh no war be levied : For 

■^QBultufnn Nud cou!<piracy is an o?ert- 

tapmit^ t\^ lompiii^ing^ the death of tlie 

^*»W4«ih«< firm treH-suo meittiiiuod in 

^mmnl tiic S5ih of Ed, 3. For the 

J^^'AsttaUiic are ; • That if any man 

f^,^^f^ *^^ imagine the death of the 

fy-' . «w » bmuii<' H UMU ilesijfUR the death, 

^^^^ *■ drjtructioii of the kinff, and to 

J"^fu» •§fr«o and consults to levy war^ 

not be high 'treason, if a war 

liyWvbd, 1*1 u very str&tige doctrine, 

- ^ haa aiwiiys Iteeti iield to he 

TWnnwiy be a wwr levied without any 

Lti.tr'* ofrson^ or endan^ritig 

U'vicil is high-trea- 

;; f} levy war, with- 

rson* Aji for exain- 

J I hie themselves, and 

o to unine bw, which 

and hope thereby to 

Icvyiuff a war *and 

>^ and d(*«ii|^ning it is 

iM>rii iiiij eiideavfjor tti great 

*lli«QK iHlk focce lo pull down all in* 
l» tXpel atrmngers, to pull down 
|r*^****i !■ Inrytiigvf wnr, and treason: 
l^t purpgtHDjS aod de^iq^iiinrr to raise 
It imttt Utr tiseb » ptirpoisc, tk not trem- 
St^tm feffttrr Edition. As to th is, wne 
isCIVMir ^rt>ih\i t rihd olln t, if:^ jJiis 



ruurn III 




numbera with fi>rce to inake^oine reforraation of 
their own heads, without pursuing the methods 
of til* law, that is a levying: of war, and trea- 
son, but the purposing and designing it is not ao. 

But if there be, oi* I told yoti, » purpose and 
dei«i!{n (o (leittroy the kioj^, and to depose hiui 
from his throne, or to restrain hitn, or hava 
ixny power over him, which is proposied or de- 
signed lo be effected by war tliat is to be levied, 
sneh a coD»pirar\ and eonRuhatioir to levy 
war, for the bringing this to pa^, is an overt- 
act of high -treason. So that, fTPotleQien, a< 
to ihai objection, that he makes in point of 
law, it is of no force, if there be evidence suf- 
(icietitto convince you, that he did conspire to 
levy war for such an end.* 

Gentlemen, the evidence you hsvo heard 
what it is, you may consider the weight of it, 
iind the eireumstances that do attend it ; and 
likewise the answers that have been given by 
the prisoner to invalidate that evidence, and to 
prove the improbahi!itj of what they have tes- 
tified against him. You have heard, I say, 
the evidence on the one side^ and on the other ; 
If you are not satisfied, that what the witnesset 
have sworn is true, that sir John Freind did 
engage in such a detii^n for such a purpose, 
then you are to acquit him ; but on the other 
side, if you believe that sir Joint Freiud is 
guilty of what the witnesses have deposed 
against him, then you are to find him Guilty. 

Juryman^ My hinl, we desire we may have 
that letter with ns that was produced here. 

L C, J, No, 00, you cannot have it by law* 

Juryrrtan, Alay it not be \ci\ with the Ibre- 
inan, my lord ? 

L. C. J. No I btit you may look ytmn it in 
court before you go away, if you wilL 

Then the Lctier was handed to the Jury, 
and one of them banded it to the prisoner. 

L. C^ J. ^by do you do so? Yon should 
not give the prisoner the latter* 

Jurytnan, It was done to see whether it was 
ht« hand ; and we desire, if there be any Inidy 
here that knows his hand writing, or that 
saw him write it, inav he prtiduced. 

L. C, J, Why ? iJiil not be own the letter 
to the witness atteruants? It was &wom to you 
he did ; and that he met according to the ap- 
pointment in ttie letter, and thai money was 
paid. 

Then the Jury withdrew to conBidei of their 



I 



* As to this matter^ see East*i: t^leas of the 
Crown, chap. «, sect. 9, and the Stat. :i6 G. 3, 
c, 7, i. 36, The doctrine of ro untrue tive Trea- 
son is much agitated in numerous cases in thi« 
Work. 8ee, in particular, the Case of lord 
Russell, vol. 9, p. 577, and the discussions to 
which it gave rise, voL 9, p. 605^ et teq. i the 
Case of lord George Gordon, k.D, 1780, and 
those of Hardy and liorne Tooke, a. Dr 1704. 
See» also, Mr, Luders^s Co odd c rations on thf 
Law of High TrMson ^ the articU of Levying 
War* 



swnjUAMm. 




Mr.CUrk. Here {Mud m id a ike T9A 

ymtrfef4ttt?'-~Jufy, Yes, 
CLifArr. WIm» OmQ Mj fcr jMi ? 
Jarfjf, ihir fmrtrnm. 

a. t^Arr. ¥k iolm Fmid, Md m A j 
hMi, (wlndb Im my Look apoB llw piv 
•ODcr ; bow «iy ye, w Im Ctaihjr of ilw kifli- 
tMMon wb«roof be ttoadf biftrttd, or flol 




ChifHy f— Fot^mmh. Guilty, wy lord. 

CL if Art. Wbol foo£ or aMttd 
«r tciMflM!ffit« hul be 01 Ibr tiae of the bigfe- 
irtawo comoistted, or al aov tisM noef 

IbrMMn. None, tooor kaoirlcdge. 

X. C X Jaikir, look to bhn, bo it I 
0vil^ of bi(|[fa-tretflM* 

CCofArr, Tbeo bearken to your venKcf 
m the oourl bae r eeorded h. Yoo aay thai «r 



Ci.tfArr. Crycr^i 

Cfjprr. Oyex, oycx* eyes'! Aft bmoi 

noM tbat bof e ai^ dnajf BHiir 10 do, ) 

idTerariacr, balde* ler ibe city of Lei 
awlGool-detiveryofNcwiiatp. bnlim Ji 
dtj of Lnmim md ceaaty of M iddlcoes, 
for tbie tiaie, aod ^re tbc 



fCfCB o^cbck ; aad God Mve tbeKin^. 



TbcD tbe prvoaer was carried back to 
gale, aad «rai breugfat tbe aeit day to t^ 
to oiirr what be bad to eay tor ttay of 
; aad aflei a ai d a leoeived eeatei 



aaatraUor. 



385. Tbe Trial of Sir William Pabktns, knt at the Old-Ba 
for High Treason: 8 William IIL a.d. 1696.* 

Then tbe Jory that were retoroed in th 
nel were all called orer, aod the appem 
of thoae who aaswered to the call we 
corded. 

Aboat ten of the clock tbe Judges, (ti 
tbe Lord Chief Jnetice Holt, the Lord 
Justice Treby, and Mr. Justice Rokeby, 
into the court. 



Tuaday, March 24, 1696. 

ThM day the Trial of Sir WUltam IHtfkypa, 
knt. came on at the Sessions- House,- Old* 
Bailey, fnr II iaii -Treason. 

CL of the Ar. Cryer, make Proclamation. 

Crygr, O ves, O yes, O ytM. All manner 
•f porsoni that hare any thing more to du at 
tilils general sessions of the peace, sess^ns of 
Oyer and I'erminer, holden for the City of 
London ; and Gaol -delirery of Newgate holden 
Ibr the City of liondon and county of Middle- 
■ex, and were adjourned orer to this day, draw 
near, aod gire your attendance, tor now they 
will preeeed to tbe Pleas of the Crown for the 
eetM oHy and county : and God sa?e tbe 
King. 

C7. fifAr. Middlesex. Cryer, make pro- 
datnation. 

Crver. O yes, You good men of the county 
of Middlesex, summou<Hl to appear here this 
day, to try between our sorereign Lord the 
kkig, and tbe prisoner that shall be at the bar, 
tnswor to your names as you shall be called, 
^try man at the fint call, upon pain and peril 
shallfbll tberetipon. 
^ ■ ' ■' ■ ' ■ 

* See Kaat's Pleas of the Crown, chap. 9, 
■eot. 8, 9, and tbe autborities there cited. 8i*e 
toOi in this Collectioii, tlie cases of sir Henry 
fane, vol. 6, p. 1 10» of M e s s en g er and otiiers, 
t«lO» p. aro { of Wbitobread and othera, vol. 7, 
1^. till of b umm mm and otbai»»A. p. ITIO, 
Mdof l>oiooii,a.D« UiC. 



CL cfAr. Set ab William Phrkrns 
bar. r Which was done.) Sir Wittiam 
kyns, hold up thy hand. 

Parkynt. My lord, if you please, I h 
beg tbe favour of one word hefore I a 
raigned. My wife cominsr to see me 
distress, sent up a trunk of lioen for oi 
and the sheriflTs of London hare seized 
do detain it. It has linen in it, and all I 
oessary things, and all things havo bee 
from me, since I was appre4ieuded, but ^ 
there; I have nothing to siihsitt upon bu 
is there ; for no money can I get from anj 
nobody will pay us afarthiiig. 

Mr. Sheriff iBuckingham. My lord, w 
sent for to Mr. Secretory Trumball's 
and when we came there, there was f 
that had been seized, as belonging to s 
liam Parkyns ; and when we came th 
was opened, and there was in it some he 
linen, end some plate, and Mr. Sei 
Trumball waa ideased, afler having se 
the trunk, to seal it up, and deliver it 
brother and me, to be xopt ; and this is 
know of it. 



JiifT High TriUMftu 
Wbere wts ibis trunk 

W« fouM if iu the secre- 
' It mmm ilelivfivfl to UiS tliere, 
^e « rerr«^ fof it to \mit^ it duwti 
I rm^led ^ir i y^ cfid not \kt\£Ai it. 
lx>ok ye, Mr WiKtam Purkyns, 
wmm urisrtl, I fiii|ip<Hft?i in order to 

. Vcs, I Mieve (t was ; but I hope 
Ktliiverie«t back now they have fWuiitf 
'I li«Ye uQtUing eljw to iub' 
%% tb^re. 
r may plate tliereT What is 

Tlicsre fs aorne clia|vrr and , 
pH atid some piccw of 
bnndrvfl otim'^s of [sWlc^ for 
» bAd it from the Secretary's ^ 
f iKd not Md^ it, 

mlgei cofititlted tmoog them- 

Tte atifcHl 10 bare hi« plate ta sell, 

Bk iKat he may have bread. 
iill yrmr lanhbip |ilett8e to direct 
IHrisritback? 
tHk^^otme care or other shall be 

k My lorlf t bave nothin|^ to sitb«ist 
mm I cfto niJ^ke something of wlinl is 
ppv m wile and fourcbildreo, and no- 

i IfpOD. 

[ yiwir wife make application for 

ar^'s. It cannot now bu done 

fit I not Miiiki; complaint of it 

1 bei'n Utken in it. 

1 c Has a petiiiun ; 

; a K\i»^e. pris'iner, anil thry 

I Iff a* a pi4itioii ; but fny wife 

any thinK of it to me till af- 

llbiH^ talk'd nf an order of coun* 

had for the ibnifTs i$4ri/in|^ it ; 

be ui euoitirr! into it, there waa 

hi, butoaly to aaareb and exa- 

rdl, tome order shall be taken 

fi^noi. My h^nlf we tiaTe given a 
»1baftiQf«c»ry for it. 

ba %un»x hare wherewithnl to 
ly btm bread while he \% in 

, lord, I »w?€ Mr Bnr- 
sr John Frriiid'« fcoli- 
uld buuiidy move your lordiiitip 
Ir kii|mrc*l tfito, Imhv hn cnine J»y 
fallbt|ttry vr Forii»e*iu»i 

I a«i a« it H C11 tiie j»ri- 

Mnorl 

. hi** I Ibink then can ba no 
)i ■ * * ' •' ': it wotdd be 
ilia > 'itineiL 

U* in. [\Vlu<^h 

' r.* \ I he jidtinel 

IJrJ.-.-.- --.^.i:* 

I tiail tlirte fcraral co- 



nie«tent me hj sir John Freind'sfnemU, to the 
Hon* tavi'in alMjoi ihree or four o'clock, and 
I dt^livered one of ibeni to Kir John Freind ; 
but he had one before I deliyeretl mioe. 

L. C. J. Who sent thera to you, or brought 
I hem to you ? 

Bnrki^k. I had them brought to me by u 
porter, 

Mr. Bakcr^ You know yon might have had 
it from the pro|frer othcer, for asking'. 

Burl, I had iliem brought me from S5p 
John Freiud's friends. 

L, C. J. Can you tell who had it from th#' 
aherifT.* 

BtirL My lord; I know uot: I had threo' 
ctvpies sent me in a quarter of an hour's time ; 
whence they came, I know not * the sheriff \ 
know8 ine, and e^^ery body else. 

Sh. Buck. I do know you, and would havar 
you be fair in your praciire. 

Bukcj\ The inquiry ia made, because m* 
false copy is put ujion him ; you might hav# 
had a true copy it you had apphed yourself J 
right. 

BurL I sent to Mr. Farriogdon f»>r it 

L. C\ J. The sheriff dc'livered it the se- 
conitaryi who Uthe proper officer. 

Just. Hokebf/. Sir John Freind said he had 
it from him yesterday » 

BurL But lie had one before ; bow he 
came by it, I can't tell ; nor whence those 
came that were brought me in. 

Just, Rokebtf. If you will not take care t» 
go to the rijzhV place, it is nobody's fault bui 
your own, it you suffer by it. 

BtirL I \\as with my lady, and delivered 
a petition for \\m trunk. 

L. C X But it seems it was under th« 
cunifzance of the secretary, and direciion was 
vfivt?n 10 go thither : some care or other rau^t 
bt? taken in it, and shall \ but go on now to ar- 
ruigu the prisoner. 

CL of Art. Hold up thy Imud. (Which be 
did.) Thou standest indicted in Middlesex by 
the name of sir Wihiom pjrk^^ns, late of the 
I>arish of Hi. Paid C oven t Garden, in the 
county of 1\ lid dtejsex, kt. For that. Whereas 
an open, nod fHilonouMy pnblic and most sbur[i 
and cruel m nr, for a long tunc h»th bet^n, nndyet 
is, Sy Eieaund by land, Itjid, carried on, and pro- 
secuted by Le^is the Ficnch ting, against th4 
most senrne, must tltustrtous, aotl most excel* 
lent pruioe, our sovereign lord U'ilhain the 3dg 
by the grace of God, «if Eagland, Scollnnd, 
trance, and lrc^laml« king, defender of lh<l* i 
f^dth, 'Sec. During all t^hich titne, the said*] 
Ijcwis tti^ French king and his suhjecls wer«, 
and yet are efsi'mies of oi*f said lord the kinff^ ] 
that now i;*, and his subject*, Y^n ihe said sir 
William i*iirkyn3, a •lubjt'Ci nf our said sove- 
n ! ' TJie king thsit now is of this kingdom 
< ' well ktiowiug the premises, not, 

1*1...,,; luri fear «J Uod in your heart, nor' 
\«'* igbiusr the iluty of v^nr alh'ginnre, hoi 
bMiig mot*«d and K»<luce<f by the iuKtigation of- 
\hr tlevil, •• a taN traitor against the aa)4 



67J 



6 WILLIAM m. 



Trial of Sir WJHam Parfynt, 



P 



iDOsi ferene, uiost clement, and most cxoenent 
prince, our said soverei^ lord William the Sd, 
ttow Wio^ of En^rland, &c. your supreme, true, 
Datural, ri((htful, lawful, and undoubted sove- 
reign lonl ; the cordial love, and true and due 
obedience, fidelity and allegiance, v^bich every 
■ubject iif our Mid lord the kin<c that now is, 
towaniii him our said lord the kin^, should 
bear, and of right ought to bear, nithdrawin^, 
and utterly to extiuj^uisb, intending and con- 
triving, and with all your strength purposing, 
designing and endeavouring the goremment of 
this Kingdom of EoKfland, imder him otnr said 
lonl the king that n^w i<t, of right, duly, hap- 
pihr and very well estiildished, altogether to 
subvert, change, a 11 '1 alter; as also the same 
oar sovereign lord the kitig ta death and final 
destruction to put and bring ; and his faithful 
auhjects, and tlie freemen of this kingdom of 
England, into intolerable and most miserable 
slavery, to tlie aforesnid French king, to sub- 
due ami bring; the first day of July, in the 
7th vear ot the rei^n of our said sorereign lord 
the king that now is, und divers other days and 
tiroes, as ueil before as after, at (he parish of 
Sl 1^u2 Co\ent-Gardon aforesaid, in the 
county atmesaid, i'alsely, maliciously, de- 
vilisluy and traitorously did compass, imagine, 
contrive, purpoije, design and intend our said 
aovcreign lord the king that now is, then your 
supreme, true, natural, rightful, and lawful 
soTereign lord, of and from the regal state, 
title, honour, power, crown, eommand, and 
fl^ovenimcnt of this kingdom of £nghind, to 
depose, cast down, and utterly to deprive; 
apd the same our sovereign lord the king, to 
kill, slay, and murder ; and tlie aforesaid Lewis 
the French kincf, by his armies, soldiers, 
legions, and subjects, this kingdom of Eng- 
land to invade, fight with, conquer, and sub- 
due, to move, stir up, procure and aid ; and a 
miserable sluufj^hter among the faithful sub- 
jects of our baid lord the king, throughout all 
this whole kingdom of England, to liiake and 
cause; and that ^ou the said sir William 
Tarkyns, to the aforesaid enemies of our said 
lonl the king that now is, then and there, dur- 
ing the war aforesaid, traitorously were ad- 
hering and aiding ; and the same most abo- 
minable, wicked and devilish treasons, and 
traiterous com passings, contrivances, inten- 
tions, and pur)Kme8 of'yours aforesaid, to fulfil, 
perfect and bring to effect ; and in prosecution, 
performance, and execution of the traiterous 
adhesion aforesaid, ^ou the said sir William 
Parky ns, as such a iaise traitor, during the war 
aforesaid, to wit, the same 1st day of June, in 
the year abovesaid, at the parish aforesaid, in 
the county aforesaid, and divers othar days 
and times, as well Ittfore as afler, there and 
elsewhere in tin* same count}', falsely, ma- 
liciously, advisedly, secretly, and traiteroufily, 
and with force and arms, witli one llobert 
Chamock, (late of High-Treason, in contriving 
and conspiring the death of our said sovereign 
Isrd the king tliat now is, duly con? icted and 
fttaiatcd} and with divpM othtr fiise Imitors, 



to the jurors unknown did meet, propose, tra 
consult, consent, and agree, to jirocurBf frn 
the aforesaid Licwis the French king, of his sal 
jects, forces, and soldiers, then andyetenemi 
of our said lord the king that now is, great bh 
hers of soldiers and armed men, this kingda 
of England to invade ami fight with, and tolsr 
procure and prepare great numbers of ami 
men and troops, and legions against our m 
soFereign lord the king that now is, to rise i 
and be formed ; and with those enemies stai 
upon such f heir invasion and entrance into tl 
kingdom of England, to join and unite ; n 
belhon and war against him our said soveici| 
lord the king, within this kingdom of Englaa 
to make, levy, and trage ; and the same oi 
sovereign k)ril the king so as aforesaid to 4 
pose, and him to kill and murder. And fli 
ther, with the said false traitors, the same ii 
day of July, in the year almvesaid, at the poril 
aforesaid, in tlie county aforesaid, traitorsoil 
you did consult, consent, and agree to wm 
the aforesaid Robert Chamock as a bm 
senger from you the said sir Wm. Parkyi 
and the same other traitors unknown, as fl 
as, and into the kingdom of France, in vm 
beyond the seas, to James the 3d, late n 
of England, to pnipose to him, and deal 
of him to obtain of the aforesaid French Unj 
the soldiers and armetl men aforesaid, lor tl 
invasion aforesaid to be made ; and intelligaM 
and notice of such their trait«>rons intentiM 
and adhesions, and all the premises to thoM 
late king James, ami the said other encmil 
and their adherents, to give and exhibit ; tl 
them to inform of the said things, partiealsii 
and circumstances thereunto relating ; as ak 
intelligence from them of the late intended a 
vasion, and other thingfs and circumstaiM 
concerning the premises to receive, and tha 
to you the said sir William Parkyns, and tl 
said ether traitors in this kingdom of Engfaui 
to signify, report and declare, in assistsM 
animation, and aid of the said enenuea of oi 
said soTereign lord the king that now is, in tl 
wtLT aforesaid : and to stir up and procure tha 
enemies the more readily and boldly this kioj 
dom of England to invade, the treasons m 
traitorous contrivances, compassings, imugis 
tions and purposes of you the said sir Willn 
Parkyns aforesaid to perfect and fulfil, and i 
the premises the sooner to execute, nnana| 
and perform, and the invasion aforesaid to m 
der and make the more easv, you the said i 
William Parkyns afterwards, to wit, the IQ 
day of February, in the year abovesaid, at II 
parish aforesaid, in the county aforesaid, ai 
divers other days and tiroes, as well beA 
as afler, I'thcre and elsewhere in the soi 
county, falsely, maliciously , advisedly, secret! 
traitorouslv and with force and arms, with I 
aforesaid Kobcrt Charnock, and very mai 
other false traitors to the jurors unknowDi 4 
meet, propose, treat, consult, consent ai 
agree, him our aaid sovereign lord the kinjp tl 
now is, by lying in wait and deceit, to aawH 
nate, kill and mttrder; and that eieorahi 




High Trm$fm* 

iHmiMe n^itssi nation and 

Ufaf Ibe mmatwf to ejiceute ami (lerpetrate, 

^iitmmpis ^ wtU ti»e same day anil year, 

^ivtt^tfiiftHMly y«u ilul trfal, propose and 

■■■ll ifftit) tlMJ«« trnititii^t af the wiys, 

an<4 n^Mkns, nml ihe time antJ place 

*\r s, iitid l»ovv our said 

1 Kit hy iyii*!? in wait, 

I l^mmfr (it^^lit **^ S nUtii ; nnd (tid 

9mim. ixivr st>it n^ ' i ic i^me tmiton, 

Ikl WTi (wkrucnieu or ittt i<»:ibouts of thu»e 

taan^ Mil wtliera by iIk'HI at»d ycni the 6aid 

irffii^iai PaH&yn* tti Ih; liiiifd, pioctired and 

I |yt*^fEVl*^ carlnrtrH arid ptstoH with i^rim- 

1ir Mill leadt'U-bulli'U cbai^^ed, and i^'ith 

ill rap<irr« and 4i(her weapons armed, 

ii W ta w^it and hv in amhufili our sajd 

[M lii» klu^ it) litt coach i'einf^ when he 

'\go 3Air«Kif], lo attack ; and iUiiX <i certniu 

ttttCHMpetifit nituil^er ofthii^ men so armed, 

llaiMtel iipoo the gu^nb id' our ^id k>rd the 

lii|lWp miMl there atten>l»tit>: hiin, and hein^ 

«A hiSr mmI fthftiild orer>iM»wer aud fight 

li#i«Bf wblkt tttbf'rs ot' the same men »o 

tmaihm iKir 9<yd lord tl»e king fihindd kilt, 

^if»Mrf Mittfvi«r ; and that you the staid sir 

VV^ntt Pif%5rik«, then and there did take 

^m ymt to fnxiride five hoiies for thos4> 

AM ^bigli aboulfl to kdl and imirdar i»ur 

■ii Wi tKi^ i i i'*^'' •'^^'Uiiig; andalaa that 

jBitW a*iil »: Farkyni, your tre«- 

mm^ mimH ytj i as intentioitt, desifnia 

I aiiorewaid ti»eiefute, peqwtrate, 

wit| the 

^^afinh afore- 

t camaty aforesaid, divera burses^ aud 

W^ mmtf antta^ f^uns^ carbines, rapiers and 

vaviiik id itiihet weapons^ ammunition and 

^mShnkmff%^ anil inihtary in Mlrnn>cuts, falsely, 

tmtmadf •tcrrUy^ aadirauerously did^obtam, 

kMf^mthgf^Bml prtjcure ; and to he bought, oh- 

iMa^^MllCKsdtUid prncnrcil did cause, and id 

fmrm^nAf bad *iiddetain^J, witli thut inten- 

•MlkflttuiMMl iimiit Ihedetestnhlf: obominuble 

4m $i mm wmi lord ttie king*, and the invasiou 
tiknmiA^ at «lbrtsaid» lo use*, employ and be- 
^m ; lod ala* joor treasoiii and utl your trai- 
Hfoao ialtaiiiiiii, purpoiea, and contriirajiaca 
timemid In ««#e«ltef perpetnte* fulfil and fully 
knf^ <i!»cl» jroti th^aaid sir VVilltam iW- 
'i, to wit, the day and year Idnt 
,ai ibe pariah afuresaid, in the county 
iy, mahciouNly, ailvigedly, 
Irmilorou'ily, divera soldifTv ami 
Mid rcAciy to be arned, albr the 
f Bbatuinabte and eicecrable aasaa- 
[« oml murder nf our said i»o ve- 
to aa afoic»aid shouhl he 
ad coffitnittedi to ri»« and 
•aid reltelUon vi^ithiu thi^; 
i of £figtuid In make and Mai;e, attd 
ivrai of our aaid lunl the km^^, 
t Uraofr^^ra, auhjprta »ttul ^ioldinn* 
tmiti l«rwiii ibe Frcmh k\u*^, li«>m;jr about 
to oiTaile ibia kua|f«lom of Kn^iand, at and 
mtaflMii iad ttitnuct tuu> tbii king- 



iBiOMMnittoiaci ait>re%3UJ ti»eiecuie, per 
Mi md Itfiiie to efl'ect, 9t\erwards, to ^ 
^ aai Mor t*it ttbovc^aid, nt the parinl 
^yiyii ttic ooitnly aibre&aid, divera bur' 




dom then expecte*! to be ahortly made, them- 
aelves^^ tojifether with you the s^iid sir William 
Faikyi]9^ lo |om und unite, iiud ii»i4> traopn and 
lti;mns toturm^ ytin dirl W^Vt li»t, and retittn, 
and did procure to be levi#*tl, fiBted and retiuued ; 
and those Mitdiens and men for the freaKuns^ 
inttntitMis and purposes aJoffsaid, then and 
there, and nfterw;nd8 m readiness yon had, 
ai^ainsi (he duty of your allegiance, and ag^ainst 
the pe^ace of our Ktud }iOvert*tRTj lard the king 
that now is, His crown and di'jMity ; as also 
auuiuiit (he form of tlit' statute in this caae 
made ami provided. 

How mytiui thou, filr William Parkyns, Art 
thou Guilty of thiH hi{jrU trcafton whereof thou 
standesi indietcit, or Nt>t <yuilty ? 

Purkt/)i$, Nut Guilty. 

CI af Jr. Culprit, how wilr thou be Iryed f 

I'arkjfus, ByGotlaud my country. 

CI. ofAr, God send tl<ee good dtliverance. 

ParktfJki. My lord, If your lordship pleaaei 
to fkvouV ma with h word or two. 

L, C. J, Aj'e, whnt bay ymi, sir? 

Parkym, My lord, I have been kept in hard 
priaim ever evince I was committed, nobody haa 
heea suffered to come to me till Friday' last, 
then my coun^^el cami* to me; ami lieinj^ 
charged with many fucts as I sec in this indict- 
ment, it will be necessary to hav^ divurt* wit> 
Beascs to clear myjielf of these par(icu1ar»; 
tbev arc dispersed up and down, and I ham 
haci no ^me to look after thcmi, and therefore I 
beg your brdahip to put off my trial till ano- 
ther day, 

L. C* J. When had you fit^t notice of your 
trial? 

Parkym, The first notice of my trial was oQ 
Wednetday lu<;t, in the aflenioon. 

L. C. J, That is a sufficient time of notice j 
fure you mi^ht have provided your witncs&ca, 
and prepared for it by this time. 

Parky m. Bui, my lord, beiui^ kept so close 
prisioner, I had no opportunity fur it ; for it 
waa not possible for mc (o ^etany body to come 
to me till Friday noon, not so much as my 
coimsel, atal tht^u there woi but ttro daysi 
8alurduy aud Monday, (^^unday is n«i diky lor 
any business) and it is impirsskble for me to be 
ready in the manner t1»at 1 uo'^ht to be. It is 
a perfect distresa and harden p up'm me^ to be 
put so soon upon ray trial without loy witiiai»f»eSt 
and what should enable xhk lo make my defeuce ; 
therefore 1 humbly iutrcat ^our lords»hipto put 
it off till another day. 

L, C.J, What witnesB do you want, air 
William P 

Parkym. I have divers vt ttncsse«, my lord, 
that can give an account where I was from 
time to time ; but they \\re many of thorn out 
of (own, and I have E^nt about every way, hut 
caimut ^ct them tog-ether in to short a time. 

L. C J, When had he notice of bis trial? 

Mr. Baker. On Wednei^day I told him, that 
he muiit ex|»ect to be tried thrs day, and withal, 
thai it he would name me any counsel that ho 
would have come to hinii heiibottld baf o ap 
order oejLt morDiDg for tb«lB. 



I 



I 



I 



I 



nj S WILLIAM IIL 

L. C. X You were told^ it seemti on W««l- 
dav thai y oti might ha?e what couDseJ yan 
wouliL 

Mr. Baker. Aod be had an onJer upon 

Thiirtiduy morning for his counseL 

Park^m, I could ncit have it without anjili- 
cation to the court al Whitdmit, and coidd \\^\e 
nobody to corite (o me till Thursday^ and it was 
Fridiiy hefore I ctudd g^etmy counsel to uie. 

L i2, J. You rnti^ht have sent ti»r your wit 
lie8&e« on Thursday, and employed someUKly 
about that matter thfn. 

Parky as. The solicitor that t employed waa 
eraidoy'ed otherways, and 1 could not' employ 
any hcwty el^^e, 

jL, C.'J, Vts; yon mi^^ht have eoi ployed 
anv otkier about tbatl>uiiiiiie^. 

*Farkynt. I had uobofly lo send, f wns kept 
close, and noliody periuilted to come to me. 

L, C* X Your Solicitor you desired had 
leave to come lo you. 

Mr. Buktr. Vou know that Ihoae you sent 
for, you had an onJer for. 

Parky Hi, ! could uot get him till ThUisdny 
to me, 1 hiuJ no messeii^er> to nend till then 

Mr, Baker. 1 gave ihe keeper direction, lo 
let him have persons come to him to send on 
any errand, 

L. C X The keeper had ortlers, it sremSt to 
let any messenger come lo \ou ; and he woul I 
have bdped you to tomebudy to send of this 
errand, to be sure. 

Keeper, I always did it, as soon as I know 
Ibev have notice of their triaU 

Puriiyns, But the keeper is not always in 
ilie way ; and besides, when I hud notice ^i?en 
me of my trials tt wa^ execution day, and be 
was not at hc»me that day. 

L.C.J He nnines 'no witnesses, only be 
sa^g he has divers ^vitnetifes, neither is there 
any onlh made of any witnessts ; pray bow 
lonif is it since you were comiiitijed ? 

Parkynu 1 was committed this day fort- 
it igliL 

L. C. X Your commitment charged you 
Willi high'treaMim, and therefnre you kiiew 
what you ^lood accused of; were you not com - 
milted for bigb-lrea>ion * 
• Parkvhi. Yt/s, my lord, 1 behere I was. 

&*/. Gen, {H\v John Ilriwles) Jly lord, he 
litd a ¥ery fair time to pr«|jiire for Ills <lefence, 
for he saw hU name in the pioclamation a c;ood 
while before be was taken, and there it is de- 
clareil what he stands charged with. 

X. C, X You un^rht htt^e harl a copy of 
your commitment, you had a right to lii^e it, 
, and therdiy you inight have seen what you 
were accused of 

Keeper, We ncTcr do deny it, if it be de- 
aaanded. 

X. C, X You cannot deny it; you know 
what penalty you are umler if you do. 

ParkyttM* Nobody was permitted to come lo 

JUC. J, You might have asked for n copy, 
or any body else ; lor you hud notice of your 
Irial Bu long ogo as Wednesday last. 





Trtol ^Sir William Parh/nSf 



Mr, Baker. 1 gave him notice of his trial 
Wednesday, and tlien told bim he ctitiM ^ 
for it agsinst Uiis day ; he said he would 
deaviiur to petition for a longer time ; 1 1 
hiiQ it would be in vain, tor be niosi prepare 
his trial to day, and could have no 
Uiue. 

X. ax Sir William, truly we do nal 
any reason lo put off the trial u{ion these j 
geijtions. 

Parkyns. My lord, it is very bani ; ihi 
humbi} beg I may bare the favour, that 1 
have counsel a I low ad me ; 1 b&v« no 
indktmenta. 

3. C, X We cannot allow counaeb 

Patkytis. My lortl, if I have no ooi 
do not utiiletstand these matters, nor 
advantage may be proper for nae to take to 
cases. 

L, C X You are not ignorant, sir Willk 
that counsel ha$>heen alwiiys refused whea 
&irtt\ in such cases. 

Parkyns, My lord, there b a new u 
parliameDi that is lately made^ which 
counsel. 

X. C, J. But tliot does not commence ] 
sir Wdliam. 

Parkyns. Mv lord, it wants hut one day. 

X. ۥ J. Thiit is AS much as if it wa 
murh longer time : for wf are to pr«»crfd 
ciirtling to what the law is, and not 
will be. 

Parkyns. But it is declarative of the cam^ 
law, l>ecause it say a it was always just a^ 
st>n»ihle. 

X C. X We cannot alter the law 
ma kern do it. 

Par kyns. Will your lordship be pi 
let it be rea«l? 

L C. J. Ay, if 3 Oil have a mind lo it» Hi 
be re^id. 

Parkyns, Yes, if your lordship pleasea* 

L C, X itea*l it. , 

CL (if Art , (Reads ) " An Act for . 
ling fd Trials in Cases of Treason, and 
prision ol treason.'* (7 Will, arid M< Cap. d 

All the first pamgrapb of the new Act 

read. 

L. C. X Look ye, sir William Parkynit, 
law has not taken any etfecl as yet; but 
]»w stands as ii did before the makmg of 
act. 

Parkyns. But, my lord, the law says il 
just ai>d rtosonable that ii should he so» 

X C. X We go accordmg lo the law m 
find It is. 

Parkym And, my lord, what is just and 
sonable to-morrow, sure is just and reason 
to ilay ; and your lordship may indulge 
this case, eKpi-cially when you see how slrei 
notice 1 have bad, and what a little time 
bien iilloweil me, that 1 am not able to 
any dele nee. 

L. €. X We cannot make a hiw, we tuusl 
accorrling to the law; that oiusibeuur 
and dircclion. 






J 



Jwr High Treoitm. 

Ym^ OT lord, hot what is just and 
mmrmkmMi th« law is groandeil 

TIm pariiaiiMmt has thoaf^t fit to 
ft iftWy which is to comineDce from 
''this month : it is not a taw till the 
that the parliament bath appointed 
ra law. 

Biit, my lord, if my notice had 
enient notice, 1 had been within the 
i by the act of parliament ; and no 
lot the advantage of that act from 
rd, nor suffer for such want but my- 
it a |>articular hardship upon me. 

We cannot alter the bw, ws are 
sr oaths to proceed according to the 
at present. 

Pray, my lord, let it be put off till 

then. 

Yoa shew no reason for it ; you 
messes that you want ; nor hare we 
at we ought to have in such a case. 
. 1 will do both if your lonlsbip will 
lit. 

rhere ought to bean oath certainly ; 
ik you have had fair and convenient 

/on have had as much notice as sir 
had, who was tried yesterday. 
. As 1 am informed, he was charged 
t facts about the town, but 1 am 
tfa many particular things nx>re than 

The act of parliament says nothing 
' trial ; that still ciintinues as it was 
d you have had very convenient 
) oo, Mr. Hardesty, to swear the 

\ Sir William Parkyns, you the 
the bar. Those men that you shall 
and personally appear, are to pass 
r sovereign lord the king and jou 
f your life and death ; S' therefore 
allenge them, or any of them, yon 
k unto them as they come to the 
■worn, and before they be sworn, 
. 1 bojpe your lordship will be of 
me then. 

8o we will ; we will do you all the 
lo. Look ye, you know you may 
S5 without cause, and as many as 
th cause, but no more than 35 with- 

\ 8ir Goddard Ndthorp. 
r. 1 except affainst him. 
^ Leonard Hancock, esq. 
. I except against him, he is the 
ant. 

^ William Withers, esq. 
u I challenge him. 
r. Samod Powell, esq. 
I. 1 challenge him. 
r. William Norlhey, esq. 
'• Well, 1 don't except against him. 
dr. Hold Mr. Northey a book. 
IS doBe.) Look upon the prisoner. 
weft ftod tnily try, and true deliver- 
I lord the king 



' A. n. 1696. [74 

and the prisoner at the bar, whom you shall 
have in charge, according to your e? idepce $ . 
So help you God. 

C/. of Jr. Thomas Tench. 

Farkym. I challenge him. 

a. ofAr. John Wolf. 

Farkyns, I challenge him. 

CL cfAr, Jame^ Bodington. 

Farkym, I challenge him. 

CL ^Ar. John Smith. 

Farkym. I challenge him. 

Cl.ffAr. Edward Gould. 

Farkyns. 1 have no exception against him. 
(He was sworn.) 

CI, ofAr, John Raymond. 

Farkym, I challenge him. 

CLqfAr, Daniel Thomas. 

Farkym. I have no exception against him. 
(He was sworn.) 

Cl.qf'Ar. Isaac Honey wood. 

Farkym. I challenge him. 

CI. ofAr. William Underwood. 

Farkym. 1 challenge him. 

CL ofAr. Arthur Bay ley. 

Farkym. 1 challenge him. 

CL ofAr. Nehemiah Ertning. 

Farlcym. I challenge him. 

O. of Ar. Johi) Webber. 

Farkym. 1 rha lenge him. 

CL ti Ar. John Canf. 

Farkym. I have no exception to him. ^ 

Att. Gen. We challenge him for the kia|^. 

C/.o/i^r. Thomas Glover. 

Farkym. I challenge him. 

CLofAr. Henry VVhilchcott ^ 

Farkyns. 1 have no objection against him. 
(He wasswoYn.) 

CL ofAr. Timothy Tbombury. 

Farkym. I challenge him. 

CL ofAr, Dormer Sheppard. 

Farkyns. I challenge hhn. 

CL OfAr. John Temple. 

Farkym. I challenge him. 

CL ofAr. Nathaniel Gold. 

Farkym. I have no exception a^inst him. 

Mr Gold. My lord, 1 am no freebokiei' in 
this county. 

Mr. Baker. Nor have you no copyhold, Si^ir ? 

Mr. GM. Yes, Sir, I have. 

Att. Gen. However, let him beset by. 

CLofAr. Robert Breedon. 

Farkym I challenge him. 

CL d'Ar. Thomas Taylor. 

Farkym. 1 challenge him, he is the king's 
servant. 

CL ofAr. Joseph Blifcsett 

Farkynt. I challenge him. 

CL ofAr. John Billier. 

Farkym. I challenge him. 

CLofAr. Francis Chapman. 

Farkym. 1 chalteDgc him. 

CL of Ar. John Cleeve. 

Farkym. 1 challenge him. 

CL OfAr. Robert Barapton. 

Furkim. I have no exception to him. (He 
was sworn.) 

CLqfAr. WiUiamAtlM. 



»*] 



BWUJJAMia 



TfUl qfSir Waiiam PaHlynt^ 



Parhfm. I diaUene« him. 

CLcfAr. TbomMSntton. 

Farkyns, I ha?e no txcqitioii to him. (He 
was svrom.) 

CL ofAr. Thomai £dlin|r. 

Pcirlcyns. I have no ezc^oa against hiou 
(He was sworn.) 

CL rfAr. Robert SandtoKm. 

Farkini, I ha?e no exception against him. 
(He was sworn.) 

ClofAr. Ralph Blarsb. 

PsrAyiM. 1 ha?e no exception against him. 
(He was sworn.) 

CL efAr. Richard Bealing 

Furhffu, Pray, Mr. Hardesty, how many 
have I challeDged. 

Mr. Harde$ty, I wiU tell yon presently, 
Sin — ^You have challenged twenty-five. 

FarhffU, Bnt there are two that I gave 
reason for : Do yon put them iu among them ? 
that is, Mr. Hancock and Mr. Taylor as the 
lung's servants. 

CL cfAr, Yon may speak to my lord about 
it ; but if tbat^ aUowed, then there are hut 
twenty -three. 

Par /^fu. Well, Sir, go on then. 

CL(f Ar. Richard Bealing. 

Farkwn. I challenge him. 

CL ofAr, William Partridge. 

Farfcyns, I challenge him. 

CL ^Ar. NichoUs Roberts, 

Farkyni, 1 challenge him. 

CL ofAr. Peter uviffne. 

Farkyns. I challenfi;e him. 

CL of At. Joseph Whiston. 

Farkynu I have no objection to him. (Ho 
was sworn.) 

CL of Ar. Andrew Cook. 

Farkyns, I challenge him. 

CL in Ar. Samuel Hooper. 

Farkym. I challenge him. 

CL of Ar. Thomas Heames. 

Farkyns, 1 have no exception to him. (He 
was sworn.) • 

L. C. J. Sir William Parkyns, you have 
eihallenged two, and have assigned the cause 
of your challenge, that is, Hancock and an- 
other, and the reason of your challenge is, be- 
cause they are the king's servants. 1 am to 
acquaint you, that is no cause of challenge | 
hut however, the kine's counsel do not intend 
to insist upon it, if there are enough besides. 
They are willing to ^ on with the paonel ; 
«iid I speak this, because I would not have it 

S» for a precedent, nor have it understood that 
e cause you assign is a good cause : Bnt 
however they will not stand with you^ if there 
he enough to serve. 

Farkyns. My lord, I submit to it j the jury 
is full, 1 think. 

CL ofAr. No, there are but eleven sworn yet 

Farkyns. But how far have I gone in my 
challensee P 

CL if Ar. There are fonr which you may 
challenge more. 

JW/gfiM. There are two allowed me, though 
HbaMtajpreoadcnl: AwtlieraloiirftiUf 



CLqfAr. Yes, yon mav ohaHei 
more, and no more. Edward Thomp 

Farkyns. 1 challenge him. 

CLiffAr. NicboUs Rufford. 

Farkyns. I have no exception of hit 
was sworn.] 

CL iif At. Cryer, oonntez. William ] 

Crytr. One, &c. (and so the rest 
twelve.) 

CL ofAr. Nicholas Rufibrd. 

Crytr. Twelve good men and In 
together, and hear your evidenoe. 

CL ifAr, Cryer, make proclamatioi 

Cryer. Oyez, if any one can infS 
lords the king's justices, the king's 
the king's attorney-general, or this 
now to be taken, of the High-Treason 
the prisoner at the bar staMs indicted, 
come forth, and they shall be heard ; 
the prisoner stands at the bar upon his 
ance ; and all others that are bound b; 
nizonce to give evidence against the 
at the bar, let them come forth, and g 
evidence, or else they forfeit their recoe 
— ^And dl jury-men of Middlesex u 
appeared, and are not sworn, may de] 
court. 

The names of the twelve sworn- wen 
William Northev, Edward Gold, Dani 
mas, Henry Wbitchcott, Robert B 
Themss Sutton, Thomas Edlinsr, Rob 
derson, Ralph Marsh, John Whiston, 
Heames, and Nicholas Ruiford. 

CLofAr. Sir William Parkyns, holi 
hand. [Which he did.] You that are 
look upon the prisoner, and hearken 
cause : He stands indicted by the imn 
William Parkyns, late of the parish of 
Covent^Garden, in the county of Mi 
knight, that whereas (prout in the Ind 
mutatis mutandis^) and against the fore 
statute made and pn>vid^. Ut>on thic 
nipiu he hath been arraigned, and tl 
hath pleaded Not Guilty, and for his ti 
put himself upon God and his counti*} 
country you are; your charge is to 
whether he be guilty of the high 
whereof he stands indicted, or Not Gi 
you find that he is Guilty, you are t( 
what goods and chattels, lands, tenem 
had at the time of the high-treason oon 
or at any time since: If you find I 
Guilty, you are to inquire whether he 
it ; if you find that he fled for it, yoi 
inquire of his goods and chattels, as if 
found him guilty ; if you find him Not 
nor that he did fly for it, you are to sa^ 
no more ; and hear your evidence. 

Mr. Mouniag^e. May itplease.your 1 
and you gentlemen of the jury 

Farkyns. My lord, your lordship was 
to say, you would be my counsel. 1 
norant in matters of indictments, I beg 
be any fault in it, von will let me know 

L. C. J. Truly 1 have observed no 
it ; I do not know of any. 

Mr. Momnttg^ GcntlamaBp Ihia 



tfigh Twim 

I ti hcmrj &n accysatioti as 

Sf^v man, Ibr tt not only 

tef vit\\\ a tr^iterons design 

\ ihr t!i»> n ijjurnt, Boti raisitjc^ war 

tlom ; which was 

:' kiti^^^s enemies, 

^Atorei|;u iuvMf(if>ni im\ likewise 

f^ifaiuin ibc Ur<t of the king, 

bff«ii taken away by a 

s forth, that 

r at the bar, 

vrin Ciiarnock, and 

: there it was coDsuJtet] 

I lou hi procure French 

*iiv king^dotti, and then 

V Mr. 

•thehar 

nR^isa tmeneng^r into trance, onto 
)kMf Jatnfs, loac«)uairit hira with thifi 
and to desifc him to hnrrow nf 
Ida^ as many tni^ips aji tie coutd 
Haaiiea descent upon this kinifdom ; 
Xllt)k««aii»e time were to fur ilitiite the 
I as many men as tltey could 
linatidti ; and tlie number of 
iD(if3D, who were to be firo- 
" Ktii ; of whiHi the prisoner 
itul fire, who were to he in 
land set ujion the king as he 
ch, upon his rettirn from 
ere lo assault and attack the 
\ were liurbarottsly to atisfl^ 
kin^ in \\is coach : And 
I the primmer with under- 
pitri' and pro? idc fife horse? and 
^ 10 lie umtdayed in thi^ bloody 
id lilMJ With gatlrerifiy" log-etber 
I of anns and ammunition that 
wl in tilt- inffur recti on. To this 
pn»otier liufi pleaded Not 
b^ not gurliy* i'wl torbid he 
Hicted \ But if he br i^tnlty, and 
kct, tli« nation experXs thnt you 
to the kin|^ and kingdom, and 

TI*o. Trevor). May it please 

anil \*ni Genih'iijeii of the 

sii WiUimn Par- 

i#»' ^^> treason, for com - 

tni^ty, .iiid adhering' 

end the ortfrt^actt 

to prore this treason are, 

had «#^f»ral meetluga and 

• ilmtii a mes- 

Jaroe*), 

> king. 

le king' 

ihat he 

\\ p€r- 

3 royiil 

i'>ned in 

.,^ ... treaitfta 

fkm efideooe to prore these 
l« mA nUidi m% sIiaII product, will 



be in this manner : it will appear that the pri^ 
sooer at (he bar, sir William Parkyns, has nad 
a commission from king James to raise a regri- 
ment of horse ; ai)4 about May last, he with 
BCf eraJ others had^ meeting at the Old King^» 
Head, in Leadenh all -street, where were pre* 
sent my lord of Ailesbury, my lord Montgo- 
mery, sir William Parky ns, sir John Freind, 
air John Fenwiok, Mr. Charnock, Mr. Porter, 
and one Mr. Cook ; and Goodman came in to 
them after dinner. And at that meeting it was 
consulted and concerted among them, bow they 
should bring back the late king James, and de- 
pose his present majesty ; and in order to that, 
they did resoire to send Mr Charnock ai a 
messenger to the late king James, to deiir» 
him lo obtain from the French king 10,000 
racQ to invade this kingdom, 8,000 foot, 1,000 
horse, 1,000 dragoons; and to encourage the 
late king to this, tliey did assure him by thtt 
same messenger, that they would meet him 
with S.OOO horstt upon his landing ; and ihey 
did all undertake and agree that they would 
do it ; and Mr» Charnock undertook to gti of 
this message. 

Gentlemen, about a week aAer this meet<- 
ing, Mr, Charnock not being wifliog to gd 
upon til is errand vithout a good aiisurance that 
tliey intended to perfarm what tbey had re- 
sohed upon, they therefore had another meet- 
ing of most of tlie same persons that were ai 
the former, and particularly the prisoner at tha 
bar was one j and that was at Mrs. Mountjoy X 
a tavern in St< J umes\<}- street. And at that 
meeting they did aH agree, as formerly, aud 
continued in their former resolution, to send 
Mr. Charnock to assure the late king, that they 
would meet him, according as they had pro- 
mised, if he would give them notice where h«^ 
was to land, and he should not fail of their as« 
sistance. And at these meetint^s thpy did take 
notice, thftt tlien was the most pi-opei time for 
such an invasion : for the king was gone ta 
Flanders, mogt of the forces were drawn thi* 
ther, ^ii\ the people were dissatisfiecl, and so it 
would be the fittest opportunity to accomplish 
their desi«^n. Aad they desireJ Mr. Charnock 
to make haste to carry this message, and ta 
intreat king James that he w^uld be sp* edy and 
expert it iou^ in his couiing, that they might not 
lose this seELSon. 

Gentle men , after these m ceti ngs , M r, Ch ar- 
nock did within a few days go over into Francei 
and did deliver his message to the late king- 
James ^ who took it very kindly, but said that 
the French king could not spare so many foreea 
that )/ear, hiving other work ti» employ tbeiQ 
about: u|>on which, within a month^s tune, or 
lesK, be came back again, and brought an tc- 
coiint of his mefisage to those gentlemen wfa^ 
sent him. This was in May or June last, and 
so the ftirther prosecution of the design ceased 
at tiiat time. 

But, gentleuien, the last winter it was re- 
vivcfl ogaiu, and attempted, and carried on 
very near to the obtaining a fatal success. And 
yon wUI bear, thai the pri«OBar it tlie Wr» m 



79J 



8 WILLIAM III. 



Trini ffSir WiUiam ParHyns^ 



jWjUtara Pjirkyriii, bfts had ton ((reat a hand, 

i#nd been a \ery great inKlntrneut in bnth the 

iMfts of thij» wicked con!«pir«ioy and treason ; 

|tiiiton)| in the iniasion^ wljk'b he with ollifrs 

fieiil the toeti^enger over to*^ocure; hui al^i 

[ill the otKiT part, the bltick^t iiart^ eren the 

filiation (d the king's |»#»r*oij. 

Abitut Jajiuar^ \nm sir Get^r^e Barcley, a 

lieuttnaiit of thi^ GuanJs to king Jaineti id 

Prann«« w^^ atMi over into Eii^IauiI to en^a|j;e 

OMH t" )uin in the conHpiracy and assas^i- 

iMIon; and fW hiH tis^istaot^ th<^re were sent 

f^nermtth him, and Uffore and aftor him, smue 

20 troufi^rM uf tike tale kin^r^s, »hat were his 

g^ujrd^ iti FiAiice* And «ir Oeunrtf Barcley, 

to tnioi»ni;je the persoiifi that were to join, and 

whom ht* haci broug'bt over with biu't, pre- 

tended an aufhnrity to justify it, that is* n com- 

ii]f')<<i4»n ffiiui the tale kingf Jiimes ; and he com- 

nnnicateis iliis dt^ign U\ Mr. CUarnurkt 3V]r. 

Ipurt*??, and several others, and nnwin^jst the 

Pfe^t to the iiriRoner at the* Imr, sir Wilham Par- 

tvnsi, hn^inu^ a great ciMtfidrnce in hinu and 

ltd ari|naint him he had «uch a commission^ 

ird heiihewed it hino, and iltat commission i^as 

1 kvy v<ar a^-atnat the k 10*^*8 pennon; wliich 

liliey tm)k to lie a HutBcient authority tor itiem 

» assassinate the king^V person. 

Gentlemen, in order to the arcompHsliing- 

fthis horrid eonspiracv, there were several 

Deetin^ and euitKultatitms had, at whic h the 

' }iri!»ifner at the bar was presi nt, and very ac* 

tire Sometimes they met at captain Porl«r'ii 

lodo'inijfSi at another time at the Na^'s-Ht^itd in 

Covent-Garden^ at another time at the S*m in 

the Strand, and amuher time ut tl;e GJiibe m 

Hat tun* Garden, in order to accomphsli this 

deiii^D : and at the«e meetings you will hear 

they did propose several waya and methods for 

the execution of it ; and several persons, par- 

ticuliHy one of them Unit have sufTeiTd (he 

puoishirieiil of die luw for this, were app«»Hilefl 

to go and view the i]f round, wtn^re the km^f^i* 

persnu mig-ht m*nit conveniently he as>^aulied. 

Mr. itiiiLf, that was execuieii fur it, was one, 

captain Piirti'r was aouiln r, und mie Knight- 

ley was the thinl ; nnd these did tfo to avv the 

ground. And the duy before they went there 

was a meetiner» at w Ikich was prenen^ tlie pri- 

Honer at the bar, and others, wbereni it was 

concluded upon, (hat they nhimld 1^0; and titey 

Hent iiecordni^rly to %t^ thi^moit convenient 

place for it. They went (o Brentford, uud 

mftei wards to the other siile of the v*oier to 

Hicbmond, and surveyed nil the i^round; and 

the place they pitched nnon us the moitt proper 

for their pnrpiise, ^1 ns, wlien his tna jeirty hhoidd 

return frnn» bunting, to do it in the lane betwixt 

Bfenlf«»rd and Tuinham-Greeu. And arconJ- 

iuuly, when they relurneij m theeveuint;, ihi^v 

ranie hy upjioinmient to the ^alace wliere tlie 

reiit of (he iiCcompUce« were to meet, at the 

Nau*S'Head t»vero in Sl JannV*, anil g-ave an 

account of Ititir proceeding ; and at tliut nu^t- 

infj likewise was sir Wilhaui Pttikyn»4, thepii- 

loner at itie bar, Mr. Chumock, and &<rve>ial 



and i\li'. Kinif's es|iedition, they did 
the thinfif should be done in that place, 
(hat it shrndd be done in this manner. 

Sir George Bajrcley with about difht or 
in his party, who were to be cbctsen out 
the other p&iiitst were to aasault the 
coach, and cndeatour to kill the kiui^i 
the rest that were inlheoo}»cb with bim, 
the others in two parties were to atti 
^nardji ; and the nnmber in all vrasto bei 
40. This wa?. fully affieed rtf>on 

And, jfcnileinen, ihe Jir^t time that thty 
solved to put t his traitoriius desist in exe *" 
was (he 15th of February, which vraa a 
ihv, the usual day that the kini? w 
eo a-hunling on ;' hut it bappeneil 
provideuci:, that ihe king did not go 
duy. 

They had contrived further, to i 
thintr5iure,thEit there should he two 

whom they eal ltd orderly men, wliol^. 

idaci d fit keiiRmArt«jn, to t/ire notice vvhet] 
kin^ WL'ot ahroiu) ; nod Chambers waa 1 
and Ouraocc that was a Fleminif was aa 
and Durance whs likewise en»ploye4 
the inns about Turoham-Gieen and P 
for the h*d;4injr of their men, who we 
placed two or ihrte.in an inn, that the 
nut tie oliserved, 

Genlleri[>en, the first day appointed ftiri 
acf^omplitihirrii^ this cit^Lgn, whii'li wa^i the ij 
of February, being over, and tlie} dif&appoia 
yet they ihd aJ'ierwards reaolve to go oni 
execute it. And the nest Saturday, \% bu " 
the 'i2d of Pehruary, <vas pitched n|H 
time of e\'tH!u(ion ; and accordingly c 
the 21^t of February, the d.iy befort?, I 
a ineetiog at the JNaifV-head in 
GanloD ; and there was prcs^ent sir 
Barclay^ capl. Portor, and several otlietn,! 
ajnongst the re**! (lie [»risontT at the bar 
there : they had nt tir.st some discoursa an 
them that they utre in doubt, hcc^tuse ofl 
first disappointnvent, wlieiber there had 
been Kome discofcry, hut that dootit 
over; for il was said, it couM not I 
then they shnulil not Jiave Iw-en there t^ 
That seemed probslde, nnd the dia 
nieut was imputed to sotne u« (;ident ; 
gave them new asi^urance to go on, and 1 
were reii^olvetl to do it in the nan^e itisni 
OS they had formerly resolved, on the uext 1 
which was Saturday, 

Geollemen, at that rneethig Mr, Porter 
quaiuted (hem, that he ha«l tlie mi^fortun 
hiive Rome of ln.<i horsesi falku sick or 
and he acquainted the prisoner v»ith it; 
sir U illiam P^irkyns wa& careful to sop 
with other horses, and (old him« he cou 
note from one Lewis, who I think is 
the horse to my iord Feversham, to gel 
hor^ies; and accor<lin<r|y he dtd send a QOte| 
three horses to >lr. Lewis. 

U|>on the 29(1 of t^ehruary in the roor 
w hieh waa the time lur the execution of 
bloody CO n s pi mcy, they had met together, 1 



I aud upon the report of captain I'orter rasolved to go on widi it^ aud put it in 



/Jrr ftigfi Treason, 

r had Eiotice from Chamb^rSt 
twfrnij Ihtit dav, and 
ivm &U, tlitukliig 
ordered n\\ thitiiifs 
crward$^ about oue 
e«v9, that the kin^ 
Uuitrds w«tre all come 
icir hoi-ies l>ein^ all of a 
i were sent back to 
itn to be in a ip^eat 
Jtt the thing hud 
This* ifentJe- 
acLtmiit how it will appear 
r« at to the eottsfYiriic y ot as- 
kin^i aod f^t' t etiiig^^ 
tvliout it ; :•! ise pn 

vir WtllififU ka\H\t\St WAS 



there wilt be a little more 
if kl be oeccssiry, to confirm this 
, Aud to uUtew titi Tturi lUat the 
ir hait iu thi^ ie^ this 

cy ; for it ^ ^r, that 

EtnAl a cotnruU'Kiim trorii the late 
Irai.ve a re^i intent of horse, and 
Tiijfr imo Fraiic«> to in?ite the 
rith lO^OOO French ; so he had 
aliou at arifiJi to be rendv fot' 
About Michaelmas loKt the 
nt a pari'^t of gt»ods, as he 
v^re put iotii ettjien, I thiirk 
j^bt small boxeSf put into 
and tent down by his order 
Dill oiie H ay wood. 1 1 se(?mt» 
in«rrie«J Mi\ Chamoek's 
f k writ A lelUr to him, and 
wotjld give ail' William Far^ 
djfe s-omp. (roods there^ which 
jrst not trust thnn 
r.shire» because his 
[Ibere iu li>ok alier ihem ; 
I that letter Mr. Hay wood 
: tbe goods should be earned 
' were so, and there ibey were 
I and kept till thin barliarous 
Hvereti; then you will tiod, 
bar lent his own scrvaDt 
ijf w^fkmt the diacovery, and 
t JnwiMsdiatcly ' ■ " ^ -^ ^ ' ^ is E 11 * 
W m llw g^room, ii alter his 

I fo diMrii to Wmi t^.. ^^.liic lo one 
»Imi canicd llie gooda, and desire 
lo reniore tho^e gooAn, 
II « them privately f and 
hide them. And ac> 
be came there, which 
id acquainted Evans 
liad ordered him, and 
bt with a cart to IVlr. 
it was late, and they 
lillllieDext mominif, thej 
s^d titey could stay no lontfer 
rtmive tlic gcKids iiti mediately, and 
{y IAmtv prer< csnried from thence that 
pir mfliMD Ftekym'a own house in 
iirit ; m»4 tbcre tbev were buried in 
i* Hm* m^ uua mme of this 



fwttaiday I 



ist\ 



A, D. 1696- 

great valae were put into the grotinJ to pre* 
sertethcra. But after this di^cot'ery. sir Wil* • 
liam Parky ns beingf accused, and his nume put 
in the proclamatioo, and search bem^ ordered 
to l)e made at his house, thej*e tfofwls thssi hiy 
hid at Haywood's, and upon tlie removal thence 
were thus btineil in the g^mund, came to be 
discovered, and the cases were brokca open, 
and then they did appeur to be tr^'^^'* of an ex- 
traordinary nature indeed, for you will dndthey 
were horse arms for troopers; thcfc were twa 
nrjd luirty carbines, live and twenty ciises o£ 
pistols, and aboni forty oitd swonls witl>oQt 
ilih* upon them t but thenilti* lay loose hy ihem; 
so thai this will make it apparent, without dis- 
pute, how tkr the prisoner at the Imr hiiii en** 
Ij^n^ed in this conspirBcy, and wlmt prepara- 
tions he had made for the execution of it. 

Cteotlemen, it itiJI appear ^arlhci ag^iinstthe 
prisoner at tlie bar, ihi^t he Imtli had a Lon-* 
siderahle number of horses, that hiivc freiiueut-* 
ly been brou^^ht up from hi<f hoo<e in Hert-^| 
lords hire, to the George- inn iu Hoi born. 

But before ivecome to that, I woiiiil acquaint^ 
you withf another particular port of our evi- 
dence, that is precedent in point of time,t 
ALK)ut Christmas last^ tbe pitsoner did acqiiainir 
one f!»w€et, who is an officer in the Excifl©, 
(and 1 am very Morry that we should havo 
;iny such ofBcers that should be thought tit tc» 
be intrusted with secrets of this nature) sir 
WilUam Parkyns acqaainte«1 this Sweet, au(|< 
f^re him anac^couutthat he liad loii;^ had 
au ajisurance that king James would land ; but 
now ho had it under his own hand, that bar 
would land very speedily, and ih^t be had 
made preparations ibr that (turpose to meet 
him. That ^reat things were expeijicd iiont 
him ; that hU own troop was rt<ar|y, and ifi- 
ci»nsisted chleAy of old soldioi-s ; ami that se^ I 
vcral persoas who had been ofBcer^ woidd be ' 
volunteers under him. He said he intended t<» I 
go into Ijeicesiershire, and there he was t4i 
meet several gentlemen from the North, and', 
from the West, to consider and settle a cor* 
resjiondence how to meet the lute kingf upon , 
his laiidintj;- ; and acoordlng-ly str William P^ir* i 
kyri?i did g-o ; and you will hare an account ' 
that he came to Leicester on Friday night* i 
one Scudamore went along" with him'; lhert*'| 
be staid all Saturday » and a qfood part of Sun- 
day. Inhere came isereral persons to bim j 
while be was at Leicester^ parlictilaHy oik J 
captain Yarborough; the soo of sir Thoma»j 
yarboroui^h, and a parson, whossiii they came J 
as fiir as froui York to meet sir WilUarn Par* 
kyns at Leicester ; and theje was ^rtat resoti 
tluther at that time, as you will hear tVottj tin 
witnesses. Sir William Parkyns came 
a<^ain from Leicester to Brick hit) that ni^h,^ 
and retiiracd to his own house on Mondaj 
ni|^ht ; and a^ler his return, he acquainted 1 
Sweet, t4»at he had been his journey to Lei« I 
rt^Kier ; that he met with several gentlemeal 
therefrom the North, and other places, anill 
had settled a correspotideocy, and had foantj 
them all tulty eiigii|^d, «Qd w«ll mdiaed , all'l 



88] 



8 WILLIAM m. 



Trial »f Sir WiBiam Parh/iu, 



[fl 



weot well, and thert was no dan^ of any 
miicarriage at all ; and thia waa about January 
lait, that thia expedition was made by the pn- 



And now, gentlemen, as to that 
about the horaes, which were ao frequently 
brought up this last winter from his house in 
Hertfordshire, to the George-inn in Holbom, 
there is one very unfortunate circnmstance 
that attenda this matter ; that is, that these 
horses were brought to town just the several 
nighta before the King was to be assassmated ; 
fur upon Thursday the ISth of February, he 
being in town, sent diredMna to his groom to 
bring up three of his horses on Friday, which 
waa the 14tb in the afternoon, and all these 
horaea were fumished with pistols and fnr- 
nkora for troo|)ers ; according to those direc- 
tiena his servant brought up the three horses, 
and be came and acquainted bis master that 
ih&w were brought up according to his order ; 
sur WilKam Parkvns waa then at hia lodgings, 
which were in the same house where Blr. 
Charaoek did lodge; when hia man had told 
bias the horses were come, he pretended at first 
Ihat be had some thonghts of ffoing out of 
ISfwa that evening, but that he bad changed 
^ bia asiDd, and would go in the morning ; and 
' be would have the horses ready against the 
Bexl ■MNning, which was Saturday the 15th, 
the first day upon which the assassination was 
intended to be put in execution. 

The next morning when his man came to 
bim again, he had changed his mind, and he 
would not g<) out of town in the morning, but 
be would igii in the afternoon : and it will ap- 
Vetrthat he did not go out of town that day, nor 
the next day, nor till Monday ; and then the 
desikfu had mi&ca fried by the king's not going 
abroad a Saturday, and the horyes were car- 
ried back; and when he went out of town 
upon Monday, one Holmes went along with 
bim, and he went with him to his house in 
Hertfonishire ; and there he sthid until Friday 
after, which was the day before the next time 
that was appointed for the execution of the 
JMsassination. And upon the Friday they came 
up again, and then there were more horses, 
four or five, that were brought up that day ; 
and all of them with pistols, and jack- boots, 
and other furniture and accoutrements fi»r 
troopers ; and thesie came to the Ge<>rge-inn, 
where sir WilliHtn Farkyiis (^ve his man, 
Eubank, ptirticiilar orders to be very early the 
next morning at Keusin;r(uit ; that was the 
S9d, and he was to go, as he told him, to one 
Brown, tliHt he said w>ik eoncemefl in iheking*s 
kitehen, an«l hve«l two doors otf the gate that 
turns itp to the kin(X*s house ; and he ivas to 
t**ll hi'u he was sir W.iliam Parkyns^s servant, 
but ilmt he cume from a man that loilged at a 
confei'tioner's housr over ugaiust Gray's inn ; 
in which place, by tiie description of ihe person, 
yiiu will liiid ffir'Ge.triff' Uarcloy l-Mlged. 

Till* man went aerontiui^ly ai eight o'clock 
in I he muniing to KfiiMugton, and inquired 
•ut this Brown, and met with him, and udd 



him he was sir William Parkyna's servant, bt 
came from the gentleman that lodged at tl 
confectioner's in Holborn. Brown said he bi 
nothing to say to him, but bid bim gire hu 
his almanack, and he writ in it, that he woo! 
be in town in two hours himself and wait npi 
him ; and bid bim carry that to the roan tw 
lodged at the confectioner's : And this Bnm 
by the circumstances of the whole roust on 
bably he one of the orderly men who lod^ 
at Kensington, to give notice when the bM 
and the guards went out, 



Sir William Parky na's servant came back 1 
the confectioner's house, and there he vm 
with a man that went by the name of Rnnn 
he will tell you be was a Scotch man, fir 1 
spoke broacl Scotch, and he will give yoe 
particular description of the man, o^ whiehi 
believe it will annear'tbat it was air GeM| 
Barclay. Sir nilliam Pirkyna*s senrant, m 
ter be had delivered his message td tb 
Rogera, came back to hia master, andtoM bii 
he had done hb errand according as he wi 
ordered ; and air William Parkjrna aaked bi 
what RcH^ers said, and be tohi him thai lie b 
bim tell hia master, if he wouki come to bim, I 
would he ready at home for him. This Wi 
upon Saturday morning the S9d of Febrosij 

About eleven-a*ck>ck that day air Willm 
Parkyns, and this Lewis that we s«4w t 
before, came to the Geor^*Inn ; and Uierei 
William Parkyna asked his servant whether I 
had received any more than two saddles^ I 
there were two aaddles sent in thither, aooni 
ing to an order that had been given, to ftvnb 
two other horses that stood there at the Gceig 
Inn, and which air William Parkyns toU I 
groom bekNiged to two friends of his, snd b 
hint he sore to take care of them, sod te m 
them well fed, and ordered two saddles Is 1 
boui<bt for them. Lewis said he did tbbi 
they had more Chan two ; hut yon will see b 
the evidence tbat this same Lewis had pv 
vided thirty saddles for sir William ParicyM 
but there seemed to be a controversy betwbl 
them at that time how many had really bsi 
sent in, and Lewis affirmed there waa twso^ 
four ; but sir William Parkyns said, 1 fart 
had but twenty -two of the thirty yet, fbr 



have but two brought in here, and I ] 
before. This you will hear fully proved ; ■ 
I think it is impossible for any booj to holiT 
but that all this preparation of aaiUlleo, |nsM 
boots, and other things, must convince rf 
boily of tlie prisoner's being so far engaged 
thisdesign, tnat he can never answer it wills 
lilfiving you a very good account what t 
preparation was for. 

Gentlemen, a great part of thia will 
proved to you by one that acted in it, ss ^ ■ 
vaut to sir William Parkyna, that is, as tf» ^ 
coming up of the horses, jack- boots, ptalM 
and other arms at that time ; and that wi 
on the last Saturday it was disappointed, all ^ 
horses, mit only tho^ air Williani Psrtd 
brought, but the other two, went nwsyfi 
great hurry and ooofuiieo, and 




jvf High Treasctu 

rj of tliHO more ; otifl that will be 
Lliv sertan[i» in tbc very tnti. 
ISteiUoo^n^ I h- [ ened lo you the 

wma»madMlAtCiilii > v; ^ewtUcatlour 

wiaim^Mt muff mmki: a out very undeniably 
urftiApEi^fftrmMr, atir) thr^refurc I will not give 



OfLFm 



i . ler. (Wlio was sworn.) 

M/ rnrr, ^HL*v vwll^ou ifive the court and 
11b /^ an i&frcoiiitt of the meeting;' at the 
Ki^j^Bead iti LemileuhAll- strict; and who 
atui wbiit rvsututiuns and aj^ree* 
cam 45 to f 

'fr<-. About the Utter end of Mny 
ij^ bcpicvokif^ of June, there were two 
p li«il« til* one was at tiie Ein^ V Hend 
, the other waA at Mrs, 
Dear tiriuhu FeuwickV At the 
I there was tii^ loni of Ail es bury, 
gi iti HflOigoaiery, air John Freind, Hir 
mSkm P^tf tt^ the prisoner at the bar, ijir 
iM PflBwk£^ capl. Cbarnock, Mr. Cook, 
Mr. 0aodinan came in after 
tberr we c»n«ulted which was the 
hmmy §Siw hdo^ Jameses comtDfr in ; and we 
timing lo seud a tDessenger to him, to 
Ui hem o^vTf ami to desire him to interpose 
li* ths Fmacb kioff for tbe ^ettio^ lO.mo 

mm ii» cttBtf <w^ viab y^t 8,000 foot, 1 ,uoo 

l^aad 1,000 drvgoooa. It was then con si ^ 
4Mi«i« ibiittM oeaenii and all the com- 

, ptff afvtvO Mr. Cbaroock was tiie properest 
IVA ISaj« Mr. Cbarnock, if you send me, 

' pl Irfl Hit what «rrmod i shall ^i upon : We 
« ttiMJii tHrn affree, that he should ai^ure 
ti^i* if be would ooina ortrr at such a time, 
^w«|i|«MCt him with a body of 2,000 horse. 
kt.UoL Did tJharoock uudertake to go 



^mp« Yia»i be did| and^to profiOBe this 
B^tt kiiB, ihat he minflit projjose it to the 



J fiat the gettujt^ of the raeo. 
^ G«a. lSd<>re you go away, 1 desire 
iii if |«« one tbtajTi (iid sir \VLlham Par- 
ner si the bar, agree to the 
»*-*l'«r<cr. Y*^a. be did. 

Had you aoy other meetinf^ about 
, and wbeti was it, and who was 



Mj lord, captaiii Ctiarnock said at 
ool go of a foolish me$.<iage 



y ^fmtpm m% aU agreed to be at the head 
^Ulliaisa tA mef*! king Sumf^ at iiis land* 
H ^tytry Qo^aiinuld hrin^f his*ttuom. 
^^^^ Wbeo wa»* th«' Htcond uieeting, 
^ H«» »ii it, and w bo was there, and what 

j^*^ " nt^ was at Mrs. 

*^T nioi'k fln^ircd ui« 

Uk*-ii, In line tie Mrenl awtiv, lo 
*4r kept iu our first retiihiuou ? 
••^iacTiw to what WM resolved upon at 
'iM kt «4id b^ would go in two or three 



CQiDpany a me lo it then ? 
y 4idt 8ir, ^ that met at 



SoL Gen* Pray Dame ihcm orer again vb© 
they were ? 

Porter. Sir Wdtiam Parkyns was Actually 

there, and my lord of Aijesbury, and, sir Jobtt 
Freind, and captain Charnock, Mr. Cook, atid 
myself; 1 cannot teU whether my lord Mont- 
gomery was there, or Mr. Goodman. 

Att. Gen. Pray when did you see captatn 
Charuock, or speak with him, after iliat? 

Porter, It was when f was in priJion about 
the riot, and he told me he had heen ilii^re ; but 
there would be nothing done m that nmtter at 
present for king James said, the, French king 
could not tlicn spare so many men, though hd 
thanked us lor our kind o6ff r : and he said he 
had been with my lord of Ailesbury, sir Wil- 
liam Parky OS, and the several other people of 
quality, which he did not name^ end had car* 
ried them the particular messages that he had 
in command from the king to carry to them. 

Att. Gen, Now, pray tell us, what yon 
know about the desit^-n of assassinating tlie 
king, and what hand the prisoner at the bar ws8 
to hare in it ? 

Porter, About some weeks before I keaH of 
the assasaination, 1 came to lodge io the 
bouse iu Norfolk -street, where capt. Charnock 
lodged ; and where sir William Parkynslodgetf 
when he came to town. Most comitioidy we 
used to go in the evening to the tavern, or 
drink a botde of wine at our own lodgings; 
and one morning I asktnl Mr. Charnock, if I 
should see him at night ? He said he was en- 
gaged tu private company for that night, and 
he could not go with me to the tavern, For^ 
says he, there are some gentlemen that are 
lately come from France, and there is sume- 
Ihing lu be done for the king*s service. If 
there be so, says 1^ p^^J 1^1 ^^ be conecTnei) : 
Says he, ihey are tut newly come, aud they 
wiFl s«e UMbrtfly else hut meat present. A 
little at^er I fefl sick of a fit of the gout, and 
Mr. Charnock came to Tisil roe, and wc tell 
into discourse, and 1 asked him alvout those 
gentlemen that were come from France, what 
they came about P He told me it was sir G. 
iiarclty that came fr«»m France, and several 
other officers with him» and that he had a 
commission front the late king Jaiuc!^ lo levy 
war againsit Ihe person ot king William^ or the 
prince of Orange, as I thifik it was named La 
the commission. 

L, C. J. Who told you thi^ ? 

Portfr, It wa-«* capl. Charnock r ho desired 
|o know how many men 1 could bring. I do* 
sired a little time to consider ; but I sititl there 
would be a great many wuuld Join if the kin|^ 
landetL whom I did not think lit to Iruutt with « 
thing of this nature befurp-hand. Some few 
days al^er, capt. Charnock <tame into my 
chamber, and brought sir Gin»rgf BarcJey, and 
major Holmes that said he Mai» c^mie from 
France ; and there we had lutle more but a 
general iliscnurse : But a litlte aft^r tiiat I got 
well of the gout, and we liail several uie«-tinga 
at several places ; at the Glob**. tavern lU 
HatioQ-gardtD, at the Nag '••head iaCuveiil- 



w:i 



8 WILLIAM IIL 



Trial of Sir tVHOm Parh/tts^ 



Garden, and at the Sun in the Strand, tHiare 
sir Wiiliam Parkyns was always present. 
And there we did consult of the best ways to 
assassinate the king, as he eame from Kicb- 
■umd after hunting. Sir George Barcle^ 
said, he had receivra 800/. from king Jaines's 
secretary towards the huy4og of horses, and 
fbhiishing both horses and men for the expe- 
dition ; and it was considered of how msny 
aaen it ^oald be necessary to bring. The 
Dumber agreed upon was aMut forty, of which 
sir Geors:e Barcley was to provide twenty ; I 
promised to bring seven or eight, sir WilKam 
Parkyns engagH to bring five, whereof three 
should be mounted with his own men, and 
ihe other two my naen were to mount upon.^ 

Alt. Gen. Do you know the names of those 
people that he was to mount ? 

Farter, I never had the names myself. 

Att. Gen. Well, what was done after these 
eoDsultations? 

. Porter, I asked captain Chamock one time ; 
if I might not see the commission that king 
James had given : He said he had never, seen 
It himself, out sir William Parkyns had. 1 
asked sir William Parkyns, one evening as we 
were smoking a pipe by the fire-side, whether 
he had seen the commission ? He said, he had ; 
and that because kin^ James would not trust 
any of his ministers, it was written and signed 
with the king's own hand. 

Mt. Gen, Pray did he tell you what it was 
for? 

Parier, He said it was for raising and levy- 
ing war upon the person of the king, but 1 do 
Bot know whether he called him king Wil:iam, 
or the |*rince of Orange ; but 1 suppose it was 
the prince of Orange. 

Ait, Gen. Pray then give us an account of 
yoor going to view the ground, where it was 
■oost convenient to do the business. 

Porter. There were several propositions 
about the place where it was to be done ; one 
vaa to be on the other side of (he water by 
ambuscade in Richmond Park, the other was 
to be on this side of the water after the king 
was landed. Sir G. Barcjey was tor that that 
was upon the other side of the water; 'I* 
thought that it would take up too much time to 
go over thither, that it was better to be done on 
this side ; but because there was difference of 
opinions, it was resolved upon that somebody 
should be appointed to view the ground ; and I 
SMS appointcSd for one, Mr. Koightley for an- 
other, and Mr. King would needs go with us 
lor a third ; and we three did go. We lay 
all night at Knightsbridge, and the next day 
went and viewed the grounds on both sides the 
river ; and came back that evening to the 
Nag's- bead according to appointment, where 
eras sir William Parkyns the prisoner, and sir 
George Barcley, and Mr. Chamock, and we 
gave an account that we had viewed both 
^cea : And upon our report it was resolved, 
Ihat it should be done on this side of the water, 
fa the lane betweoi Bivotford aadTunibMB- 



Ait, Gen. Are you sure sir William P) 
the prisoner at the bar, was there, at tha 
ingatthe Nag's bead ^— Porter. Yes, 

Att. Gen. Did be sgree to the resoh 

Porter. It was in general agreed to 
that were there. 

Att. Gen, Pt^Yt captain Porter, tb< 
us an account or the oays that were fi 
the execution of this design f 

Porter. There waa Saturday the 15 
Saturday the 99d, because Saturday % 
day the king used to go a- hunting and si 

Att. Gen, Were there any men a 
sington, to give you notice wbea the kit 
abroad? 

Porter. There were two men that 
lodging at Kensington, the one was one 
hers, wno belonged to captain Chamock, 
other was a Fleming, one Durance, wt 
over with sir O. Barcley, and be wei 
day, and thrast himsdf among the gu 
bnog intelligence. 

Sol. Gen. What was the reason thi 
was not executed? 

Porter. The first day. Durance 
notice in the morning that the guan 
gone abroad ; and afterwards then 
notice, that the king wouU not go abr 
day ; for which reason we adjourned i 
next Saturday. 

Att. Gen. What waa the method yo 
take in the execution ? 

Porter. The method agreed upon vi 
There was one Rookwood that can 
France upon this expedition, he was 
mand one party, and .captain Charn> 
myself was to <M>mmand another | 
attack the guards ; and sir G. Barclei 
have four men out of each party to at 
coach while we attacked the guards. 

Att. Gen. Well, you say the first < 
was disappointed by the king's not 
When was the next meeting ? 

Porter. The next meeting was upon 
the dsy before the 22d. I was sick 
week, snd I do not know whether 1 h 
all the week, or no ; but upon Friday tl 
and it waa at the Sun*Tavem in the 
There was none but sir 6. Barcley, 
Chamock, sir William Parkyns, and ] 
Att. Gen. What discourse was the 
Porter. Sir George Barcley came 
said, he was afraid 3ie thing was disc 
J told him 1 fancied not, for if it bad, w 
not have been in that boose at tb 
Then, says he, let us go on, and try 
day. Sir William Parkyns was Bake 
horses were come to town : He said tli 
come to town that night. Said I, I ha 
misfortune with my horses, two of t 
fallen lame, and won't be fit for 
Saya he, if I had known that, I cot 
brought more horses out of the oounti 
ssys he, I will send to Mr. Lewis, ^ 
gentleman of the botae to my lord Fei 
and I believe be can help us to more 
be will be with me to-morrow momic 



High Treaion* 

I m noltf ftoo Mm for two more. Id the 
: I Milt ui hitii^ antl he stui we a note 
I ta riMtont nty men : And he sent 
|r* Le^i* could hel|i me to two or 
that they were nil ihree sadctleil, 
lacotKitredwith ttostlersanil pistoh, 
' two bad only i^^ildlea. 1 did not 
PftfkyDft on Saturday, the t^d, 
m mtme of my friend », who were to 
; wtih ftte ti|>i>a this enterurize ; and we 
H oolicv tliat the guank were j^fonc 
, Mil thai the king would g'o, at which 
tcry fflftd : But when we had notice 
^ «itf not go, we were afraid the 
aavered, and I went out of town, 
' Sd iMt mem way of them aflerwards till 
> t^krti. 
iu* Cn^ J*^y* cftptain Porter, have you 
\imi mnj lUm^ from sir WjlUam Parky ns of 
liilanog 9. eocninisfiion fmm ktnsr James ? 

fwft^, I hav« heard captniti Cliamock ask 
ttf^tein Parkyns, why he did not go alony^ 
iiA«ai this* expedition f He said, he did not 
ft liaK« he could not gt>. 

JtL Cm. Whs he not to be one in the num- 
Ivttal was Ui act in the a8SA««i nation ? 

fmier, S€\ ; he said he liad other businesa 
tili,be liati a regiment to look after. 
L C* X Horn inany horses bad yoa from 

f'migw^ I bad never a one, only sir Wil- 
Imi l^^rltytn «* nt nie wont, if 1 wanted I 
H^kave tliree, for I had told him I would 
^ theiit, tin 1 heard whether the 
|Mt iliroaNl ; and then I had notice that 

*^\ntt% go, 
J' - mI you 8 note for them? 

J for these three horses ; but 

Cbia«i^^ ,mjtj tie had a note for two horses, 
ffr*^ Old he fay he hud a note from toe ? 
hti^. Ko^ ] don^t say so, sirVVjIJiam ; 
talsaniiatiil me, he bad a note whither to 
rWi«n. 

^C. X Will you ask him any ijueaiiona, 
I llrWiittB f— far/ryju. No, my lord. 

hrfmm. My lonl» I desire he may be 

iiii» WteJtcr at any of those meetinjfs 

^■i «w any ili<cour«ie of the aaatasinatioQ 

li«a tir Wilbans Parky na ? 

Lex What May you to that, captain 

Ym| he waaat all the meetings 
afinn^ 

nv lord, I deaire to know^ 

. Purkyus die^ccHiraed of it 

■ ' ■ ihout it? 

^fr y what be did 

i||aitjmiBr, niny he aj^retnl to it, and waa 

^ ^ SfebcirMES for it, and »Bid it was ue> 

Ir rff't-^- ' t-r it would brinif the 

>r* ^li he could not per- 

a, „ U:,uiMflf, hecaufie he had 

he waa Uv look after hi^t re- 

^ Gra. If air WilUam Parkyna wilt ask 
•<*• hvtfr no «me«tinnn, we will go on to 
^^oi 911000, wbich i« CQ* Abrajiatu Sweel, 




whom Mr, Attorney iDeotioned. [He waa 
brought in and Hworn.] 

Alt. Gen. Mr. 8wect, will you give tht 
court and jury an account, what sir Williani 
Parky ns said to you atwut king James's 
landing? 

Alt. Gen. Pray, will you give an account 
what discourse you had with tir William 
Parky us, the prisoner at the bar, aliout king 
James's returning and landing witli French 
forces ? 

Sweet, 8ir William Parkyn* did tell me, 
that he did expect king Jauiek*s landing ; and 
he«aid his own troop was composed of old 
soldiers* 

Alt. Gen. How long hare you known nir 
William Parkins? 

Sweet, This three years. 

Ah, Gen. Pray leU the time when tlits dis- 
course was. About what time was it ? 

Smett. This was since Christmas, about 
Christmas last. 

Ait. Gen. Where was it that you had this 
dj^c^iurse ? 

Sueet. It was about his own hoose. 

It' C. J. What diiconrae ? 

Sweet, We were talking about king James's 
comin<r. 

L. C. J. Who told you that king James was 
coming ?—-5«:eef. Sir Wilhani Puikyns. 

Att, Gen, Wiial did he suy ? 

Sorer He said he had bnught a great many 
saddles, thirty sadilJes ; and that hiD own troop 
was composeil of all old soldiers, 

AtL Gen. Did he tell you of any assurance 
that he had n\ king James's landing ? 

Sueet. Yes ; he ^aid he had the kiog'd 
word for it ? 

Alt. Gen. Was there any discourse bet M-eeii 
you about any journey that sir Wilham was 
to take ? 

Sweet, Yet ; he did tell me he was to go 
into Leicestershire, and was to meet sereral 
gentlemen in I#eicestershire ; and he did go, 
and after he came back again, he «aid he had 
met his friends, and all was well, and that the 
west was as much inclined t^ king Jameses 
interest us the north, and that a Lord*s brother 
was concerned, 

Att, Gen. What other discourse had you 
about this matter ? 

Sii?eei, Nothing eis^t as to particukrs , that 
I can remember. 

Ait. Gen* What orders bad you to come 
up to town in February, and when, and 
from w hom ? 

Sweet. Sir William Parkyns sent forme, 
and he sent me a letter about the 11th of Fe- 
bruary that I should come to him the neict 
day ; and I diil come the next day. 

Att. Gen, Whither did you come? Where 
did you find him ? 

Sweet, At his lodgings in Norfolk-street, at 
the house where Mr. Chaniock lodged ; and 
after I had spoken with sir William Parky us 
about the letter which he had sent me to come 
up, he told fixe, that ibe busineas that he bad 



91] 8 WILUAM UI. 

designed for me, he did not think fit I should 
do, because of ray family. 

AU. Gen. Pr.iy, what directions had you 
fipom him, what you were to do when you 
went into the country ? 

Sweet, When 1 went into the country, be 
ordered me to go to his house, and send up 
three of the strongest horses. 

Att. Gen, When was this, do you say ? 

^weet. It was in February. 

Alt. Gen. What time in February ? 

Sweet. The elefenth or twelAh, which was 
Wednesday ; and at my going awav, he told 
me if i had not a letter from him the Friday 
following, I should, come to town affain. 1 
did come to town agfain, and then he asked me, 
if I had made provision for my family ? I told 
him, no ; then he asked me, why 1 came up 
to town? He told me I might go into the 
country again on the morrow morning. 

JLC.f What did he tell you f 

Sweet. He said 1 might go back again into 
the oountrv. I came upon the Saturday 
morning to nim. 

Att. Gen. Pray, what day was that Sa- 
turday ? 

Sweet. I belief e it was the 13th or 14th of 
Februaiy. 

Att. Gen. You say, Wednesday was tlie 
twelfth ? 

Sweet. Yes, I believe Wednesday was the 
12th, and I came to town the Friday afW that 
13th, that was the 14th, and on the Saturday 
I went home again. 

Att. Gen. You say vou cams to him on the 
Saturday morning, what passed between you 
then? 

Sweet. I went the next morning to sir Wil- 
liam Parkvus's lo4lgings, but he was gone out, 
and had fet't word, that 1 must come again 
about eleven of the clock : I did go about that 
time, and he was nut come in, and there I met 
Mr. Chamliers, and one Mr. Lee, whom i had 
eeen there the niulit before. 

Att. Gen. And what discourse had yon then 
with them ? 

Sweet. We had little discourse, for I bad 
only seen them the night before ; but I think 
Chambers toitt me he had been at Kensington, 
and I desireil to know what news there ; and 
he told me William kept as close as a fox ; and 
he shewed me his wounds, and said those 
wounds wautetl revenge. 

Att. Gen. Where did he say he receifed 
those wouuds ? — Sueet. At the^oyne. 

Sol. Gen. Pray, Mr. Sweet, did he tell you 
for what use his troop was ? 

Sweet. He did not tell me positively ; but 
I understood it to be to join king James when 
he landed. 

Sol. Gen. Pray, Sir, where did you dine 
that Suiurday P 

Sweet. With sir William Parkyns, and Mr. 
Charnock, and Chambers, and one or two 
more that 1 did not know. 

Att. Gen. Will y ou aik him any quettioDe, 
aic WiUiam P 



Trial qfSir WiUiam ParJcym, 



[H 



Farkym. Did I tell you, Mr. Sweet, that I 
had a troop of horse ? 

Sweet. I will tell you your own words, and 
no other : You said, vour own troop was ooa- 
poeed of old soldiers r 

jL. C. J. Pray let me ask yon one question | 
How many horses were you to bid the mante 
bring up to town ?^ Sweet. Three, my lord. 

Att. Gen. And were they not his strongHt 
horses ? — Sweet. Yes, my lord, the^ were. 

Att. Gen. Did he say any tbmg to jea 
about volunteers ? 

Sweet. Yes ; he said there were some fn» 
tlemen that were captains and old officers thil 
would be volunteers under him. 

Farkjfnt, Pray, where were those 
spoken f 

Sweet, Either in your house or in the { 
I cannot tell directly which, but Btnm 
about your house it was. 

Purkym. Where is that house P 

Sweet. In Hertfordshire. 

Farkynt. Then I am in your lordiiiip^ 
judgment, whether words spoken ia Hei^ 
fordshire can be an evidence ot a treason edai 
here in Middlesex f 

L. C. J. Sir William Parkyns, if there he ■ 
design to kill the king, and there are aevml 
overt acts to prove that design, and one ie ii 
one county, and another is in another ooaefefi 
the party may be indicted in either of tM 
couuLies, snd evidence may be given of httk 
those overt-acts, though in several conntriik 
It is true you being indicted in MiUdltiH 
makes it necessary that some evidence ihnnH 
be given of some things done in Middlceev,m 
there is ; as your meeting at Mrs. Mountioy% 
and at the Nag's- head in Coventgarden^ eai 
the Sun in the Strand, where were seveml ew< 
suits, which are overt-acts of the same treeseo ; 
and if treason be committed in several counlia^ 
the party may be indicted in any one, and Ihi 
evidence may be given of tactH done in all. * 

Farkum. Then, Mr. Sweet, you do not ny 
that 1 had raised a troop, or would raise i 
troop. 

Smut. I told you your own words, thU 
your troop was made up of old soldiers. 

L. C. J. But yet I must tell you furth«, 
sir William Parkyns, if i remember ritffat 
there is evidence given of ft discimrse you 1wi 
in NoHolk-stret't, where you loiiged, and thai 
is in Middlesex. 

Farkym. My lord, I did not obaerre ibel 
he said any thing of me about Norldk-streeft. 

Att. Gen. Yes ; that is what he says : Yol 
told him you bad thought of a buauuese fei 
liim, but you would not engage him in it, b» 
cause of bis family. 

Farkynt. Pray, Mr. Sweet, did I tell yee 
any thiug what yon were to do ? 

Sweet. No, Sir, you did not 

Farkyn*. I hope the Jury will take 



* Seethe fourth Resolution in air Hemfy 
Vane's Case, and the Note to it, vol. 6, p. 
183, of thil CoUectinQ, 




\Jbr High Treoion^ 
lUfin aoy thiug that lie 

), I bat iras no pfreal matter, 
iini any more que^tioos, Sir ? 

m9r next wilneat is James 
ho vnm »wom,) 
Do vott knuw sir William Par- 




llo 



I 



he IN luy matiter, 
<»rr»anl w«s you to liim f 
gruoiu to him. 
%imfi have yini be^n Lis 
Krjt [! t^i^elvemonlU yet. 

o an accouQi what 

i jeiceslcrshirc* with him. 
us vfhiit YOU know of 



^ Yei, mr (anl, we t?ent from our 
pt lo Stony*Stratf<iril» and there we 

WIrti lime wa* thisf ? 

rmnnot tell tlie day of the month, 




IVbatday ofUie week waa it f 
it waa on a Thursday . 
Aod ivhere did you go from 



fm €ua^ the next daj lo LeU 



^MMlm ii^nt with him ? 

^iDbe ca|*tato Scudaiuore* 

ML Hciw long did you tarry at Lei* 

WWn we came the oext day to 
wm staid (hrre till Huoday morninf*'. 
What company catue to your 
\ hm WMA at Leicester ? 

I am a atran^erf 1 know none 
fyer there before. 

I yciu remember whether there 
ttgli there? 
fli«re waj one that said his name 



Wlienee did he come ? 
k. He Mid be came out of York- 

lm« Whn came with him ? 
I^TIii>re wai a gentleman in black 
^■piid he was a milliliter. 
^Kl>id yoti obierre auy others that 
Kcr to your master ? 
t^ I t wa« market day, and i had 
^^ look aAer ; there were a yreat 
^B^nit up niiii tUmii stairs; but 
H^ V or no, I cttooot tell. 

HT come baek ag^uin ? 

||f \\ r MAID iiii're tilt Sunday muni- 
ilMB W€ €»m« a way. 

To what jdace did you go that 

• ti9WD called BrickhiU, and 

J wm caowr home. 
FliiQ cwne back with him ? 
• ti«i caf»taiii 8cud«uore, who 

f liillMr did yoq gt> the next day f 



Eubank. We came to Bushy about 8 o'clocll 
on Monday ui^ht. t 

Aii> Gfn. VV'ell afler this, did you bring up 
any horses to the Georrre-inn to your master, 
and when ? — Eubank, Yes, three horses. 

Att. Gen, Ay» when ? 

Eubank, I emmot u-ll the day. 

jiU. Gen, What day of the week was ft ? 

Euhnnk. IJjfon a Friday, 

Ait. Gen, What month was it in? 

Euhank, ludeedf 1 cannot say that. 

Alt. Gen. Do you remember Valentine'i 
day '^^ Eubank. "Ves; it was upon that day, 

Att. Gen. That is the 14th of February, a 
remarkable day, and wa^tben of a Friday,* the 
day betbre the* assassination was to have been 
executed. Whither did yon bring them ? 

Eubank* To the George -inn. 

A£t, Gen, How were they furnished? Were 
there pistols upon them ? 

Eubttnk. No ; the pistols were in town, and 
the horses were sent after my masier. 

Att. Gen, Where were the pistols left? 

Eubank, indeed, I don*t know. 

Att. Gen, Pray, when you came to town^ 
did ^rou 1^0 to your master, and acquaint htm 
with kf^Eubnnk, Yes, Sir, I did. 

Ait, Gen, Pray, what did he then say to 
yon P 

Eubank, He said be thought he should go 
home that night. 

Att. Gen* Did he chanispehts mind ? 

Eubank. Yes^ tor he did not go till Monday. 

Att, Gen, Did he tell you he sbuuht go a 
Saturday ? 

Eubank, Yes ; be saki he thought he should. 

Att. Gen, Did you come to Ixim to know 
bis mind, and wbat^jdrthUe say ? 

Eubank. He safd in the morning, he would 
go in the afteeooon ; but fie did not. 

Att. Gen, Afterwards* when did be go ? 

Eubank. Lfpoo Monday, 

Att. Gen, Who went with hJra that Monday ? 

Eubank, One Holmes, a fat, thick man. 

Att, Gen, Well, pray when did you come tt 
town Rgain ? 

Eubank, Upon the Friday following. 

Att, Gen. fiow many horses did you bring 
up then ? 

Eubank, On the Friday following we brought 
up four; my master himself came up with 
them, 

Att, Gen, Whf» came with him ? 

Eubank, Me, Holmes, and I, and another 
servunt. 

Att. Gen, How were the horses furnished ? 

Eubank, Every horse hud pistols. 

Att, Gen, W'iml did you bring 
W^ere there any boots? 
- Eubank, None but what we rid in. 

Att. Gen. Where did you leave »ho«e horsei ? 

Eubank. At the Geortri*-iim in Holbora. 

Att, Gen. What directiun(» did your master 
give you that ni^ht for going the next monung 
upon an errand, an«l whither? 

Eubank. 1 had no message from him ; bnt 
there waa a note that I was to carry to Kcii- 




beaide? 



t 



OVQOTM to 



ofieeriD 



OS] 8WILLIAMIIL 

■Injltmi to «!• Bnwm; and I WW 

ffo w the gentlmiftn that livet withiD a door or 

two next the going i>^ ^he kiiif'i ({ite, I 

Ibrfot bit nome ; bat tMo nmm where Brown 

lod^ betofn|r«| to the coort, 

the kitchen to the king ; either 

or eook, or something ; and thii mu lay there. 

Ait. Gen, Whal was voor mcMage to bin f 

Eubank. I was to tell him, that I cane to 

speak with one Brown, and that I came from 

a gentleman that lay at the eonfectianer's in 

Hoibom, over against Gray's inn. 1 know the 

gentleman by fmee again, if i see him ? 

Att. Gfn. Well, what did he say to yon ? 

Eubank. He bid me ssl my horse at the 
Ked Hon, and he would come to me presently ; 
and i^he did. Says he, I have no bosimM 
that I need toseod ; btH I will write in your 
almanack, and yon may carry it back and 
shew it him, that f will come to town betwixt 
•ine and ten o'clock. I did go back and tell 
that gentleman at the confcctkMier's. 

Att. Gen. What kind of gentlenna was it? 

Eubank. A Innty man, with a great nose, 
and a Mack «iig ; be speaks broad Seotdi, and 
be wan a swarthy cokmred man, and he ImmI a 
wid^ month. 

Ati. Gfn. What age was he of? 

Eubank. A middle aged man. 

Att. Gen. Pray, what did he say to yoo ? 

Eubank. He asked me if I had seen the 
gentleman ? I told him, yes. He asked me 
whst the gentleman returned for answer? I 
toM him, he had writ in my almanack, which I 
hsd «h«*wn him, that he would be in town be- 
tween nine and ien o'clock. He asked me 
then where 1 was going ? I said, to my master. 
Hujn he, tell your master that 1 will be in my 
chamber ready for him. 

Alt. (>rn. l>id yoo go to voor master, and 
tell hini ^o?--- Eubank. Yes, I did. 

At*. Gen. And what did he ssy to you ? 

Eahank. He Rsid lit* designed to go home 
ill the snertHMin, ami therct'itre bid me go to the 
inn. and make resdy the horses, ami know 
wbnt nan In pav lor iliemf and he would come 
hx nnd livelhttlier. 

Att (tr*i. nulliesOvrwanlscometotbeinn? 

f>'-.i«iA. Yr4. Nir, about three or four 
•'clock in thi' nOernwin. 

S-^ Urn. IVriy, who came with sir William 
rs!fcT»«* — Fhl'ttnK. One Ijewis. 

A*'* f»V»f |1ii vtMi know him? 

f'H^ti\ I lisve«ern hi lu before with my 
nt3«ler 

Att I'-: What i« he ? 

f-'f"*-*. The J *uy lie i« my lord Ferer- 
thsiit*« ^^vnlW>n»An 

.4 ' : t • ' •« H hat iltil he nav lo vou about any 
sml.iif-i • 

l!'Ki>.r^^ fh^t i<k»*d me what laiidlcsi* and 
hew \%*%if\ bail V«^M wnt in there * \ad I laid 
b«l tw«v 

.Iff. tV<« U hrti <«M Mr L«w«? 

iMAkVi bitraww mv 

IMMNI^.I*^ |i^ hlf 

VMM iIamiM I« nrmiiv -iirar 



TrialafSir William Parkins, 

Att, Gem. Did be : 
Pkrkyoa? 

• £iiA«iA. Itwas Mr. Lewis that saki 
twenty-ibur to the best of my rci 



bea 




a J ao, or sir W 



^t. Gen. Where were they sent ? 

iuAsji*. Indeed I koownot,! 
any of them hot those two. 

^^ Got. Who deUrered those two to 

Ewbmmk. My iiiasier,sir William Pferk 

Att. Gem. Who were those saddles for 

Eubank. They wers for two gentlci 
hones that were there. 

Ait. Gem. Whose horMS were they ? 

Eubank. They were not my master's 
they Stood at that phK;e. 

Att. Gen. Did yoor master erer spei 
yoo about them, to hiok aOer them ? 

Eub. He aaki, if at any time I was tb 
shoukl sao that the hostier gare them 

Att. Gem. Were they yoor master's \u 
ornot?— &I*. Nottlmtlknowof. 

Att. Gem. What tkne did yoo go o 
town? 

Eub. I went oat of town with them i 
four o'elock m the afternoon. 

Att. Gen. When did you hear from 
master afkcr that? 

Eub, Upon Monday I had a letter firom 

Att. Gem. What was that letter ibr? 

Eub. It was to go to my master'a boa 
Warwickshire, to one Richard Erans tha 
his serrant, to whom he sent a letter. 

Att. Gen. What were the contenti ol 
letter? 

Eub. I did not see what they were, j 
sealed. 

Att. Gen. Did you carry that letti 
Erans?— £a6. Yes, I did. 

Att. Gen. What time did yoo come thi 

Eub. IcametbereaTuesdsyatfburo'i 

Att. Gen. What did Evans and yoo do 
you had read the letter ? 

Eub. We went to fetch some boies tht 
master had ordered Erans to fetch boim 
was about two miles, or more from booM 
tradesman's. 

Att. Gen. What was his name, was it 
wood ? 

Eub. Yes, f think it was something lik 
name. 

Att. Gen. Did yon eo with Erans to 
the boxes from th«Dce ? 

Eub. They had a man that dnwo the 
to t'eicb them. 

Att. Gen. Where they carried in a 
then ? — Emb. Yes, they were, 

Att. Gen. Wtre ytm these when the 
were brousrht beck? ' 

Eub. Yes, I was at my nus«er*s hoosc 

Att. Gem. What did t&ey do widi ihev 

EfLb. They buried them in the i 

A(t Gen. 'What, in thel 

Eub. Yesk S«r. 

Att. Gem. How ssan 

£ad^ Five er tti, I lU^ I te 
wvuithem. 9 



An. Gem* Tau lieTp^ to bury iLem, ditJ yoQ 
M N« ; boc I WIS there, J nw them 



in. Cem. Did £tins teU yoa wlttt they 

£ci. Bt«iit U>U] me 1 bey wer« choice goods. 
Mi. Owm, £f am toJd you so, did lie ? 

LC J. WIl&i timeof the day or ntgfii were 



Tkfy *^nt a«r»y about faur o'clock i 




LCX How far is it from «ir WtJiiam Par- 

r tf> HaynroodV? 
'Eak I tbtok atHitu tliree or four mUtSy J 

t iHI Wvir far cuactty . 
LCX Wlxskt tjfue ittrj they retom ? 
&I* Alioul t^nor eleven o'clock at night. 

ahfwmmm^ My luftlf t under eta ml he sayi 
tafir^ tlirTfi inirn^fliitely; vfashefhvrey 

N«, A -Mo bury them; but 

pot upon them. 
C*ai. Pray, EuUanki let mc aak you 
lli« person that lay at Ihecontec- 
I yen oMerre wbetliur he h«id a lame 

£^. No, I did not take notice of any gucli 

fd. Oem. Will air Waiiam Parkynsask him 
■ffMaiioii.? 

L C. J. Wlwt fay yoti, air William, will 
jmmk him »nj que«tion^ f 

PM^i, Voo aay one Holmes wettt out of 
i^i vak BM? ; pray give au account what 

BAMAst LB? 

£iA. flM fat Mr. Hohnes, if il plaase vour 
^^■i^lt Irras at ibe Golden Key m tfol- 

iyhm. Ify lord, I olwerve this to dtatin- 
f^ n, that 'H was iiol, as Mr. Attorney 
i|a|al it, tnmjoT Holmes (hat is in the proclii- 
li waa t*t\€ that used to beat my house 
r ; be wo» m ray house all the siiromer. 
sen, Vou dii! well to ask him that 
Ui ■ ' . it. 
.C J auk him any more quea^ 

■ f — Pt.* K\f I. Sn^ my lord. 
Orn. Tli*Ti our uext witness is one 
y 11 ipwrlV . ( W ho was sworn . ) 
Ah. Cra- Wbi»re do you li?e? 
Hip *t io Warwickshire* 

A*' lb whom ilo you live ? 

% wyaelf* »ir, 

in, OtM^ i>o you know of any goods thai 
^cvfM Ifnoi'Mr. Haywood^b house to hir 
^&am I' fcrkyaaV hoiMe ? 

1 mmtm lirMB LilchfieU fair upon Asli- 
by, wlicfe 1 liad been to carry goods 

^WL Gck. Did not joo my yon lived of your- 
^ I Mked y0ii liJbr^^wboyou lived with ? 



% 



rP— B 



t 



Ir. Haywood. 



Ymi fttd TOO bad oo master. 

. %. T¥i(t ii, wlMa M pleiieita«ii|iloy 
|l *•* far bin^ 



me. 



Alt. Gen, Pray tell what yon carrieil from 
Haywood ^fi house, and who came for them ? 

Mif There were, to the best of my remem- 
bratice, either seven or eight boxes, 

Jtt. Gen, W h o ca rue fo r I hem ? 

Hip. There was one of sir William Parkyns'a 
men, one Richard Evaos, that was hiii servant^ 
and one Whetstone, that was tenant to sir Wil* 
iiam. 

Att, Gen. Well, how did tliey come, and 
what did they do? 

Hip. They brought a ^^^gt>n and two 
mares. 

Au. Ctn, About what time was it? 

Hip, It was about nine or ten o'clock at 
night when Ihe^ weut away. 

At. Gen. W/hui orders had you from your 
master ? 

Hip. It was near upon seven o^clock, when 
the waggurt came, and toy master wished me 

to go to borrow a mare of , at ; 1 did 

so, and 1 brought the mare 1 bad borrowed 
with me home. 

Alt. Gen. What was that mare borrowed 
for f — Hip. I know not. 

Att. Gen, What use was she put to aAer* 
wards ? What did \ou see more ? 

Hip. Why, belore the team came (about a 
quarter of Buhour before) to fetch these goods*, 
my in aster told me, that sir William PniKyns^s 
men were to come to fetch some betiding and 
other g^oods, what they were he knew not | 
ami he ordered lue, when ihey knocked at the 
gate, to let them in ; and I ifjd ^o. 

All. Gen. Well, friend, did they carry away 
any goods, and what were they ;-* 

Hip. They were in boxes at first* in Uirae 
boxes ; and then sir Wilham Parkyns^s serrant 
did knock off the outside lining, which was a 
deal board, and he drew the nails, and took oat 
of two boxes thi^e boxes a^piece, and twn out 
of another: to tlie best of my remembittnce I 
tliink there were eight, but I am not sure whe- 
ther there were seven or eight. 

Ati, Gen. Did they cairy them away that 
night ? 

Hip. Yes, fdr Wra. Parkyns'sman Htchart) 
and the tennnt earned them to the wn^rmn, and 
I hghted them down with a lauthom, according 
to my master's order. 

Ati, Gen, When, what day was this ? 

Hip. It was Ash- Wednesday nt niyfht. 

Ait. Gen. Then set up Mr. Haywood, (whs 
was sworn before). Pray give my lord an ac- 
count, when sir William Parky ns's goods wero 
brought to your bouse, who brought them, and 
what dii-ecllons were given akjut the careful 
keeping uf them. 

Huywitod. My lord, about Miclmehnat lasi, 
sir Wj Ilia in Party ns'S man came tu me wiih a 
knier frofo one IMr. Chumock, and tlie effect 
of the leiter was, to desire the favour of me to 
lodge some goods of sir William Parky ns at 
my house f for he was taking his servaiits frfuu 
his botise, and he was lotb to leave hts goo^ls 
in an empty bouse, and he desirfd me to let 
thorn he at my house, which I did, 

U 



I 



m] 8 WILLIAM IlL 

Jii,. Gen, How were they put tip ? 
Hdj/umuL I think in three chests » pt'^^y 
h\g chests, niiiled up aod tacked ; and there wa^ 
ft &<1 aud beildiDg, and a piece of tapestry or 
i«o, 

Att. Gen, Pray, did that letter come from 
Mr Chartiock F^^Zfo^ztoo^. Yes; Evans, iir 
Wilhain Parky ns^s maoj broojjhl it me. 

Alt. Gen. Pray, &^ir, hnw are you relat(^d 
to that Mr, Charnock ? What kin ishe lo you ? 
Haywood. I marrieil hi^ sifter, 
L, C, J. YoLi took the goadt into your coi*- 
tody upon that letter from Charnock f 
llajfw, Y^es, my lord» I did. 
Ail, Gin, Pray, nillyou^ive anaccounif 
whether y<^\\ were in town hefoie this disco- 
very « and had any discoui'sp with Mr. Charnock 
or sir William Parkyns ahout these ifOi»tls? 
When did you se€ Mr, Cliarnock afterwards? 

}lai/u\ I came up to Lcnidt^n the loth day, 
and Twos iu London the t7th, IBtb, and 19th; 
I think those three dnys* ; and L went to see 
Mr. Charnock at hi^ lo^t^iti^a, hut i t%»s hardly 
with him a nuarter of an hour ; I told him sir 
William ParKynn had sent some goods to my 
houstf, and l'de:»ired to know wlien he would 
fetch them away, 8ays he» I caimoi say when 
1 shall see him again. 8aiil f, J shall have 
some business at i he Temple, and I will meet 
yon at the Temple coffee- hotn*e. Say « he, I 
will meet. Am hrinf^ sir WilUanj Parky ns 
with you, if you cnu, said V. He came at)Qut 
eight or nine oV^Iock otv Tuesday morning ; 
says he, sir William Pai-kyns is at my lod;^- 
ings, just a-i^oin^ out of town, and wolild de- 
sire to ^ee you. 8o I tvent up, and ah WiUiam 
Porkyns was ready to ^o out of town. I totd 
biui [ hnd some goods of hi4 at m) kouf;e« anit 
1 deaired to know how he wovifd dis[»os€ of 
them i what he wouht do with thejn, lie 
would tuke them away* he said, the tirat op- 
portonitv, or to tliat effi^ct. 

X, C/J, When w as this ? Wliut month f 

Hayw. U was tn February last. 

L/C. X What day? 

Hoifw, I think it might be about the eigh- 
teenth day. 

L. C, J. It was you that deiir«d to have 
them taken away, it seemSf was it not ? 

Hayw, 1 asked him when he would take 
them away, or what he wouhrdo witlt them. 

L.C.J, And what answer did be make f 

Hayw, He aaid lie would take them away 
the first opportunity, as soon as be could dis- 
pose of I hem, or to'that effect. 

Ait* Gen. Now, wbr>n you came home, tell 
us who came tor those goods, and when ? 

Hnifw. I think it wasi upon a Hhrove- Tues- 
day that I came home, and my wife naid sir 
W^ilham Parky lis had sent tor liis goods, and 
deijiied to have them away } hut that she had 
made answer, 1 was not at lioine, but should be 
at borne so-on, and then he might have them 
away. The next <!ay I came home from 
Litchfield fair, ahout live or six o^clock at 
oigbt: It waa Ash Wednesday at night when 
I came bome, and the luau came to me be- 



Trial of Sir fVUliam Purkjpis^ 



[W 



tween six and seven, and told me his 
desired to have the gofiils away. I told 
he mii^^ht have them w hen he would ; 
he would have them away that night. ^ 
him it was an unseasonahte time : hut, tiyvi 
the waggon is a- coming, and I desire f 
would give me leave to take them away ; m\ ' 
I did : then he said he had but two honjc^ 
he dcsii'pd me to lend bim a horse ; w hm 
did, and he took the goods, and went away 
tbcov ; hilt for wliat he did at\erwards 
them, I know nothing at all of it. 

Sol. Gen. Then swear Mr. Wh^ 
[which was done,] 

Ait. f7f»» Pray, Sir, do yuit giie aii 
count when you went with Evana to Uj 
wood's house, and what happened. 

Wh€titoj[}€. His man came to me-^ 

AU. Gen. Whose man ? 

Whcttionc, Sir \V)niAm Parkyns*! 
desire me to go to Mr. Hay wood *s 
Mime goods of sir William Parkyna, soi 
dmg, and some odd thiui>9, which 1 
said he, 1 will gr» the next way to tba 
and 1 w ill meet you (jeforc you can get 
and be did meet me half a mite off tbe 
and toUl me I musit slay, and not come lo 
bouse till it was niglii, till it was later. 

L. C. /. ^V ho told vou bo ? 

Whetiion€, Str William Parky tis'a man 
me so ; so be went forwards to the gfate, 
then came tiuek, and called me to come 
tlien we went to the h^use, and loaded 
waggon witti hoxes and beilding that wii 

Aii, Ofn. How uiaay boxes were tf 

Whtihione. I cannot telt wlietber thi 
seven or ci^ht. 

Att. Gen. Whither did you carry theiof 

WheUfone, We carried them lo air WiHi 
Parky n'i'i iioii<ie. 

Alt, Gen, Whiit was done with them? 

Wftfitlune. There they were put into 
grmind by the Wiill snlc, where they 
found. 

Aii, G«n. Why, w as you present w hen 
were found ? 

Wftit stone. Yes, I saw th*>ro dug up, 

Att. Gen. Then you can give ua a a 
of them : Wliat were they ? 

Whtisione* They were arms. 

Aii. Gen, How many were there? Wl 
quantity ? 

Whemone, Truly, I cannot tell. 

Mr.BoAer. Where is the constable, Tbi 
Watts?— H'^flf^*. Here am L (Uewasswofl 

Att, Gen, Are you the constable ? 

Waiti, Yes» Sir, I am tbe con^atahle, 
searched sir William Parkyns*s bouse, 
upon aearchtug in the garden 1 Ibund 
arms there. 

Att. Gen. Pray whatqaantity of arma 
you find there ? 

Watt}i. Four dozen of sworda, thirty-1 
carbines, tweoty-flve brace of pistols. 

Att^ Gen. W'hat kind of swords were th 

Wolii. They were bro»d « words, tw«»-€d| 
aworda. 






Jbflt High Trea^m. 
Wefc there any hilts to the 



ITaflt. N't; bill ther^ wna a box of hilts 
ito I suppose iva^s pre|mred forllieiTi^ 
jl*l. Geo. Where did you find iheiii? 
T^iU, In ji border under the wall by the 

•ft. Did yoo see the boxes broke o^jen, 

\^U, Yes, Sir, I took Ihem and broke 
I o)ien my o^^n self. 
KryfiKiiv* 'iVas Whetstone by, pray, Sir, 

I they were broke open ? 
f«tij. He virus not tliere by at the first, 
E dttj^ tbem up; bui 1 brought iheiii 
»D house, and there I broke tlieiu open, 
^ we snw them. 
, O^n, Will you a\k him any questions, 
rWili^m? — Pitrkim. No, 8ir, 
SoL Otn. Then c^ll Turton» Freemai), 
PrHfry (Who were dl sworn.) 

AiL G§n^ Pray «et up Mr. Fre«finan. 
^Wlicii Witt done.) 
da, Gtn. Where do you lire ? 

X\ ibe George Ian iu Holbora. 
ra». What are you ? 

I am hostler there. 
Gen, Prny do you g'ive an account 
bonei ^erekept there of sir WilliaRi 
fit^ Odd bi)w many* 
IWiiMiv. He was a ^ue^i to the house all 
^ Itot mumm^t sometimes more, sometimes 

Mt Gm^ How was it last winter about 
F^Arwf Usi, how many lior^es htid he then ? 
~ an^ He bad sometimes three i*arae in, 
\ four I the most that ever he had uas 

Ail Ora. What time was that that he had 

n. To my best memory, it was jast 
belbre ihe disturbance, before the 
ke out. 
IM, Gen. Before the proclamation, you 
an? 

itmmn. Yes, before the proelamntion. 
J I, Gtn, When was it P What day of the 
kit? 

aii. They came in on Friday night. 
LJ. Hiftt. Ubat-j did five come iu then ? 
Vcs, J thiuk 50. 
. C. J. JfoU. Who was with Itirn ? 

u. i only saw his ^roooi and auotlicr 

, Oe^ Huw were they accrtulred ? 
A ^41. Fi>or with holsters and small 
on<*^ was a ltd mare with a porturan* 
mm! in a hor!>e cloth wrapped up tiiert- 
VIS one oriwo pair of jack buots and, 1 think, 
a eallar is ooe ; 1 cannot letl whether there 
•at one imdle or two. 
Att* Gtn, When did they go away ? 
^rttman. On Saturday in the alternoon. 
An, Gtn. Did you obsf i ve any pers4>ns to 
eMBe there ou Saturday morning f 

§n€nan. There were two men that were 
llMBVtthu ml out between two and three hours ^ 



A- D. 1096- 



[102 



they rid out between nine and ten, and thejr 
came in again between twelve and one; where < 
they had been 1 cannot tell ; but they had nd , 
preity hard for the urae they were out, for tUe 
horses came in in a sweat. 

Att* Gen. Bet ore this time that you now \ 
speak of, what houses came up ? Can you re- 
member how many horses came up the week j 
before ? 

Fryman, The week before there were some, ] 
but how many I cannot remember ; they ▼cry- 
rarely stayed above a night. 

Ati. Gen. What do you know of any other \ 
horses that were left there P 

Freeman. There were three horses that were | 
at onr house a week, that were very gwwl , 
horses ; but 1 do not know whose horses they I 
were, nor the names of llie (gentlemen that! 
c^wneil them. The gentlemen that bronghlj 
ihetn in (raid for the horses, only the g^rooo 
told me his master, sir William Parky ns, badj 
ordered liim to see the horses fed. i nevef i 
received a farthingf of sir William Farkyuir] 
but alwuYSof the^rroom. 

Att. Oen, Pray, did you obserre any parti>. 
cular hor^e that was brought in there, a roan 
horse ? 

Freeman, Yes, there was oue hor 
brought in. 

AU. Gen. From whence did that horse 
come ? 

Freeman, As was told me, from Moutilag:ue 
housi*. 

Alt. Gen. I believe you mistake the place | 
recotleci yourself a little. 

Freeman. Somerset bouse, I mean j a port«pJ 
brought it. 

Jtt, Gen, Are you sure it was Homera 
house? — Freeman. Ves, it was, 

Att. Gen. Do you know one Lewis ? 

Freeman. 1 do not know him ; perhaps th^l 
tapster does. 

L. C. J. Holt. How many horses came from 
Somerset house ? 

Freeman* Only the roan i^eldin^, and a 
very fat man mounted him, and rid out with 
sir William I*aikyus. 

Farkt^m, Pray, 8ir, what sort of horse was 
that buy ^Idiug that you say the fat man rid 
upon ? 

Freeman. I say he rid upon a little roan 
gelding about fourteen hands high. 

Farkjfnt. But the bay gelding, bow high 
was that ? 

Freeman, About fourteen hands high. 

Purkyns. There's your mighty borae for 
service I 

Freeman. They were no great inzed bo 
none oClhem. 

Parkins. And have not yon known these 
horses lo have been mine a great white? 

Freeman. Ves, I have known tbeni to b« 
yours a good while. 

L. C. J, Hitft, What, was the roan geldinf ^ 
sir William Parkyns's? 

Freeman. No, not the roan, but the others; 
iliey were oo ftriBfe liorsei^i^^ nvt^ S.\^^ 



8WILLIAMIIL 



^wtfljr Acre all hift muiii ; tiMrevMBO 
■cwr iua nge bone bat Ibe roaa. 

L. C. J. Hot. Win yoa adc bim aiy Mie 
^■ frti o n g?— >PT*ym, Bfo, nrloffii. 

&/. 0». Tbco icC op Mr. Tiiitoo. (WUeb 



kmnr or bonn'that were rtaading al 



TrM^Sir WSBam Parkynt^ 



An. Gem. Fmr will j^m fire as aeeaont 
wbatyoo know or bones thai 
tbe Cicorge Idd is Hotborm ? 

IkrUm. I bare knowo sr WHfiaaa P tfkj n s 
to bare oic4 tbe iao tbii fbar or fire yean, 
ercr since tbe inn was boilt; and in last Pe- 
bmarj be came to town witb tbrae hones tbe 
finttime. 

Alt. Gem. What daj of the month was that ; 

Tmrtom. I cannot nj what day ofthe ODontb, 
hot it was about the week bdbre bis bit 
eominf there, which was joit before the dts- 
coveryAftbeiilot. 

Ati. Gem, Do yoa know what day of the 
week it was? 

Turtm. No, truly I do not, for I fceef no 
aceaaat of hones goin^ in or out. The last 
time of bis coming was witb aboot Ibar or five 
hones to tbe bestof mv kaowlcdfe, aodtfaat 
was aaoa the Friday before the Hot broke oat ; 
aod then upon that Friday, sir William PSv- 
fcyas gave order to bb groom to gat the * 
ready against 8atarday morniiy. 

Ait. Gem. Did he go om wiib bio 
Saturday BBoming. 

Tmriom. Ue&td not eo oat with afi the 
hmati according as he nad 
two genilemea rid oat with two of the 
and staid out about two or three boon, and 
caoM in again, as if they had rid pretty bard, 
tbe hones being in a sweat; and rathe after- 
BOOB thi-y all went &irly ootof town, and gave 
not that they expected to be ia town on Son- 
day or Nomlay following, bat they did not 
mom ; hot thoa came dmra one Mr. Lewif , I 
know not that that is his name, ool; 
formerly bekmgod to my lord of ' 
knew him to be gentleman of the bone to my 
lord Fercrdiam, but I did not know bis name. 

Alt. Gem. Had yoo not aeen him there be- 
fore : Wbattime did become? 

Turtom^ I do oot know that 1 ever aaw 
him there before ; be was on Saturday in oar 
^ard. 

L.C. J. Hoii. Yoo are asked when Lewis 
came? 

Turtom. Tbe first time I see him was on 
Satorday, in tbe yard, asking fiw sir William 
Farkrns. 

L.'C. J. Holi. What time on Satordav was 
that? ' I 

Turtom. It might be three of tbe dock in tbe | 
aAemorm, aboot ao boor or thereaboots befon J 
sir WiHan Psikyns's horses weot away ; and | 
asking for sir William Pkrkyns, and he not ! 
Wag there, he retnroed back again ; and after ' 
tlmy were gone, ha caaieagam,aad 1 toM him 
; hot the groom had 



to cwpDre if sir W^uEam nu 
were cobdc to town ; I lold him n 
so be caoK again upon Monday momi 
twist eight aid nine of the dock, and asl 
if I hem nothing of hia coming to toi 
tald him DO, I did net bear of his coming 

Att. Gem. The horses that came op < 
day night, bow were ther a cco utied ? 

Tmrtrm. Two or tbree'of them had h< 
I cannol say bat for pistols they had 
firecasr. 

Att. Gem. Had they no carbines? 

Tmrtom. No ; hot ooly horse pistols. 

Att. Gem. Did you oor obserre anj 
anns, or other famjtnre ? 

Tmriom, I did see a pair or two of 
boou that they rid in,bat I did not sc 



Att, Gem. Were there nay that were 
op in a bone-doth ? 

r«rfoa. Ko,I did aotaeeany, ther 
not broogfat into the hove. 

Mr. CSwpsr. Do you know what tn 
hann were aaddled that day ? 

Jkrtom. No,ldidBOt. 

PaHbvas. Yoa obaerved, aod said ther 
a«or piBmls,didMla 



IWfsn. Yes; yoa 
two or three pair whea yoa caioe 

ParAyas. And as to tha jack-baats, ye 

we rid m them.— 7Wfo«. I soppose aa 

PaH^as. We abghled at Mr. John's 



ly wheal 
Oxfoid, I 




mere small honm all of them ; pny wj 
tell tbe coart what siaed horses they 
was there ever a great borse among thea 

Turtom. Nereraooe, 1 believe!,t&te» 
above fouiteen bands and a half, aome 
fourteen. 

SoL Gem. Did you see the roao gdi 
What size was that? 

Turtom. A small pad, thatoi^tbe 
thirteen and a half. 

Att. Gen. Did yoo ever aae him 
with so maoy boraes' before ? 

Turton. i have seen more at the S 
and Bockler, when 1 lived there ; and Im 
to ino there. 

Ait. Oct. Howmanv have yaa aaen 
Swonl and Buckler? ' 

Turtom. I have seen four or fire at a 
bui tliis is many yean aco, seven or 
yean ago, wben'be'used to keep his coac 
fbar bwses, and come up with several i 
borKs with him. 

Att. Gem. How long have you lived i 
George inn? — Turtom. About two yean. 

Att. Gen. Did you obeenrc any other] 
that stoo<l there ? 

Tirrloa. There were two that arcR 
sisasbio bones laigcr than any of air 
liam*sown. 

Att. Gem. Whoaa weie ther ? 

2W<o«. IcanaatteH. 

AU. Gm, Did any body 



fir High Tnoion. 

. I iomH know who owned them; 
I one that paid for their meat, and 
away. 

m. Who it that? 
. TV«ly, Sir, I cannot tell ; 1 do not 

he wai; I n«?er saw him in 

!«. Has ar William Parkyns any 
tion^toask him ? — Farkyns, No, Sir. 
H. Then, my k>rd, we shall call no 
lesMS, anksB he gives further oc- 
e leaTa il^here till we hear what he 

Sir William Parkyus, Mr. Attorney 
ad Ae king's connsel have done; 
v time to make yonr defence. 
ff. My kird, I rely upon your lordship 
itece ; for I am ignorant of these 
ps ; 1 rely wholly upon your lord- 
pre a true account of them to the 
>pe yonr lordship is so just, thst you 
i the evidence to the jury as it is, and 
ise. Bot 1 do not observe, that as to 
illation there is more than one wtt- 
kkat is captain Porter: There is not 
ire ! and as to that, I suppose yonr 
ill declare to the jury, that I was not 
in It; and captam l^orter declares, I 
re no hand in it, only I was to fumiih 
s, and accidentally I was at some 
hmi he does not decWe that I was to 
w HI particular. 

.Yes, yes, you agreed upon the 
Ike sereial resolutions of assassinat- 

2, and said, that it was necessary 
e him off. 
I. Still, that is but one witness, I 
Ikriy ; and the law says positively 

1 ke two witnesses. 

; Noi to every overt-act, there is no 

s. 

f. As to the assassination there is but 

kerbothe; and so as to the regi- 

&d not say that Ijvas to raises regi* 

t that he was tow by a gentleman 

I been desired to be in the matter, but 

St, beca u s e I had engaged in another 

aboat a regiment ; hot this was all 

mv. . 

\ Ves ; he said yon owned you had 

U Besides, it b said you owned you 

saddles, and your troop consisted of 

a. 

J. No, captain Porter never said so. 

m. That was Sweet 

. Yea tekl Porter, yon had a regi- 

ik after. 

«. Captain Porter is here, I desire he 



A. D. 1696. 



[!« 



J. Yes, and yon told Sweet, that yonr 

iated of old soldiers, and that you had 

ifty saddles. 

ML Aly troop, aye! But still there 

ag era regiment ; nor did they say I 

i a l e giient , or a troop, or was to 

MaeoC 

TeaioMgM your troop coMftcd of 



old soldiers. I did not say that you had said you 
had raised or would raise, but it did consist of old 
soldiers. 

L. C. J. He says that which makes it plain, 
that you were to have a troop, or had a troop, 
consistiog of old soldiers, besides volunteers 
that had been officers : and thaty ou had bought 
a f^reat many s&ddles, thirty ssiddles ; and you 
were to go mto Leicestershire ; abd accord- 
ingly you did go, and upon your return, yon 
did give an account that all was well, and the 
west as well inclined to king James's interest as 
the north. 

Parkyns. That 1 went into Leicesterehire, 
and met several gentlemen, and that they vrere 
all well inclined ; I hope that is no evidence of 
treason against me : every body ought to be 
well inclined. 

L. C. J. Aye ! but they were all well dis- 
posed or inclined to king James's interest 

Parkym. He did not say so ; if your lord- 
ship pleases to call him again. 

jL. C. J. Call him again. (Sweet was set 
up agaiu.) 

SoL Gen. What did sir William Parkyns tell 
you of his journey into Leicestershire? 

Sweet. He said he had lieen there, and had 
met his friends, and all was well. 

L. C. J. What did he say .^ Did he name 
king James ? 

Sweet. He did not name king James to me 
at that time. 

L. C. J. Wbarwasthe discourse about, that 
they were all well inclined to f 

Oweet. He always named it the king's 
interest, and did not namo king James ; but I 
understood it, and always took it to be ^mg 
James he meant. 

Mr. Mountague. What did he say of the 
North and West f 

Sweet. He said that the West was as well 
inclined to the king's mterest as the North. 
>' Att. Gen. Whatdkl he say before he went? 

Sweet. He told me he was to go into Leicester- 
shire to meet some of the King's friends. 

Parkyns. Pray, recollect yourself, and con- 
sider what you say . 

Sweet. He said, some gentlemen rid as far to 
him,4» he did to meet them. 

Att. Gen. Was that the time he talked abont 
the troop ? 

Sweet. No, that was before this time. lean- 
not remember the particular time ; it was at his 
own house, and captain Scudamore was with 
him. 

Att. Gen. When was the discourse about 
king James's landing ? 

Sweet. He told me that he believed new tha* 
king James would hmd, he said he had his owtt 
word for it ; it was about Christmas. 

Att. Gen, What did hesay about preparation 
for itP 

Sweet. He sakl his own troop was is consist 
of aU old soldiers. 

L. C. J. Dkl he tell you he had a troop ? 

Sweet. I speak his own words; he said, Mj 
troop coonsti of all old iddiCTa. 



107 ) S WILLIAM m. 

L. C. J. Was iV comisti*, or will < 
though I think there may be no great matter of 
difierenoe in this case P 

Parkynt, Yes, hit lord, but there is a great 
deal, sore ; for * willconsist' sheirs nothing yet 
done, and all is but words. 

L, C. J. Sweet, answer to sir William Par- 
fcyns's question. 

Sweet, I tell your lordship, I repeat his own 
words, My troop consists or is composed of all 
«ld soldiers. 

Mr. Cowper. AVhat did he say of volunteers? 

Sweet. lie said, there were some gentlemen 
that woold go along with him asf olunteer8,that 
had been old officers. 

Mr. Cowper. Pray let me ask anotlier ques- 
tion? when be discoursed of the present Kittg, 
by what name did he use to speak of him ? 

Sweet. He called him by the name of the 
prince of Orange. 

Parkym. Pray, recollect jrourself, Mr. 
Sweet, and think of what you say : since he 
was declared king, did I ever call him prince of 
Orange; 1 am upon my life, and pray speak 
nothing but the truth. 

JL C. J. Consider, and answer the questioui 
What did he use to call him ? 

Sweet, Truly, my lord, I am not positive as 
to that, 1 underwood it so. I never knew that 
he allowed him to be king of England. 

Parkym. Did you ever hear me call him 
prince of Orange, since he was king ? 

L.. C J. Look ye, Sir, how long have you 
been acquainted with him ? 

Sweet. About three years, my lord. 

L. C. J. Well, that is long since his Majesty 
was declared king ; have you ever heard sir 
William Parkyns call this king prince of 
Orange? 

Sweet. 1 am not positive in that, butiunder- 
■tood he did not allow him to be king. 

Sol. Gen, You frequently discoursed with 
hun about the government, it seems ; pray, 
what did he une to call him ? 

Sweet. I have heard him call him king Wil- 
liam, and the little gentleman. 

Parkyns. When ever did vou bear me call 
him the Little-gentleman ? Mr. Sweet, pray, 
when you are upon your oath consider well, 
and recollect yourself; and do not answer rash- 
ly and suddenly, but think of what you say. 
r always expressed m3'self, when 1 had occa- 
sion to speak of him, and called him king Wil- 
liam, as other people nse to do, I never used 
the words, little- gentleman, nor prince of 
Orange neither. 

L. C. J. Did you ever hear him call him 
tMberwiae than king William f 

(He paosed a while.) 

L. C. J. Pray speak the trath and no more. 

Sweet. I have heard him call him jtrince of 
Orange. 

L, C. J» <But you have heard him call him 
kioji William too ?^Swut. Yea. 

Hr. C&wper. But pray, when he spoke of 
Ite Idtigf what king did >ou understand by it ? 
Smmi. losedtouAderstaadkingJaiiiei. 



Tfial of Sir JViUiam Park^u, 



I 



Pdrkym. What is that to me what he 
derstood ? 

L. C. J. But I would observe to yeu 
tiling, when you came from Leioeitenl 
vou talked how well disposed they were tc 
king's interest ; he says, be understood 
king to be king James, and you said the \ 
was as well disposed as the North ; pray, i 
were you employed by king WiUiam ta 
how the gentlemen stood affected to him ? 

Farh^. No, nor by kmg Jaroea neitJM 

L. C. J. Why then should you eon 
yourself for the kmg's friends in tbe Wcsl 
the North ? 

Parkyiu. I never was in the West isa 
life, and therefore cannot tell why 1 aboiii* 
him any thing about tlie West. 

Att. Gen. Pray, Sir, when was it tha 
WiUiam Parkyns spoke about the king's & 
ing? 

Sweet. It was about Christmas, be sai 
believed he would land. 

Parkym, Did I tell you positively it m 
be so then ? 

Att. Gen. He tells you he said y<M 
believe it, for you had it from his own moi 

Parkynt. That shews it is not probfl 
should tell him so; that I shoukl hm 
irum his own mouth, carries such am 
probabilitj with it, that the evidence ifl 
descj it destroys itself. 

Sol. Gen. He does not say you had it 
hb own mouth, but that you had his wort 
it ; and this being about Christmas, long^ 
our king was returned, it could mean no < 
king but king James. 

L.C.J. Look you, sir William Plaiir 
there is another thing I would observe, V 
did you send your man to Kensington tt 
Brown ? Who is that Brown ? and' what' 
the man that lodged at the confectioner^ 
Holbom? 

Parkyns. I cannot tell who it was, I kc 
neither Brown nor the other man ; but I s 
my man at tlie revest of Mr. Chamock, v 
lodged in the same house with me ; he 
sired he might go upon an errand for him 
Kensington, and I directed him to go n 
such an errand, for he was formerly Mr. CI 
nock's servant, and 1 desired him to go of 
errand if he requested it. Who these i 
were, I know not, neither of them, nor anf 
their business. 

L. C. J. But he was bid by the roan 1 
lodged at tha confectioner's to tell bis ma 
that he would stay within for him. 

Parkyns. That might be Mr. Chamock, 
he was nis servant o^ce. 

L. C. J. But he says he carried the n 
sage to yon, and you received it. Well, fa 
you anv more to say ? 

Parkyns. My lord, I think there if but 
positive evidence of any one overt-act. 

L. C. J. Yea; what do you think of 
design of bringing in king Janaea, and « 
suiting about it, and assiatmg in tbo in?oi 
and preparing a troapi aad proridiaf wom 



fijir High Treason. 

lit Ml diew overt-acts f Do you 
v bafiflg a troop of old soldiers is no 

If. Tkereb DO positive proof of aoy 
njamis. 

\ Itii proved there were arras sent 
tllicbadmes last to Mr. Hav wood's, 
fn Wether in law, and these lay there 
l^edscfday last, afler your name was 
damation ; and then they were re- 
Um night, and buried at your house, 
Idun op there ; and here is an ac- 
es wbat arms they were, four dozen 
i,tweDty-five pair of pistols, tbirty- 

Ml. 

H. First it does not appear when 
s were broagrfat, nor for what intent 
(kooght from Haywood's. 
I Bit wbat use liad you, a private 
nminyarms? And then your going* 
eaoshire to meet some gentlemen, 
gifiog an account how they stood 
I the king's interest, whether that be 
id for the interest of kmg James, 1 
N to the jury, siuce von give no 
kitfou were employed by king Wil- 
li. My lord, I went upon my private 
>,iid then talked of news as other 

I Botwben you returned back again, 
ni tU was well, and gave an account 
Mi were disposed in the West and 

K If there any persons named, or 

B? Can it be an overt-act of treason 

ilNe?er my acquaintance ? 

X Hot your going with that de«gn 

^■ao interest against the king, and 

*kiBg. 

K He does not say I discovered my 

1 went to meet with some friends of 

^' Did be not tell you he was to ffo 



td. Yes, be did so. 

• Did be ten you to what purpose? 

Be sud be was to go to meet some 

r'lirieods. 

f. Did I tell yon who? 

So. 

Bat there was a lord's brother, 
etellyouofthat? 

He said all things were well, and 
rtt as well inclined as the North. 

To wbat? 

'o the king's interest. 

Trehy, Yon spoke of a lord's bro- 
as concerned? 

le said several persons of qnality in 
fre concerned, and a lord's brother 

them. 

. Mj bird, 1 desire he may be ask- 
esaid the king would land, what 
SBl, whether he named the late 
M James? 
If ill, Msircr that ; when he die- 



A. D. 1696. [aO 

coursed to you of the king's landing, did h9 
name the late king James ? or did he say thsi 
late king James ? 

Juryman, Was he mentioned in the dia- 
course? 

Siceet. He never used to mention king 
James to me, but only the king, which I un- 
derstood always uf king James. 

Att. Gen. Fray wbat time was it that he 
spoke of the king's landing ? 

Sweet, It was abooi Christmas. 

Att, Gen, Therefore no other king could be 
meant but king James, loa there was no other 
king to land at that time ^ and he said he had 
the king's word for it. I suppose he cannot 
pretend be had king William's word for it. 

Parkins, I hope, to talk of the king's land* 
ing is no treason ; it is but words : If I teU an 
idle story of wbat 1 think may come to pass^ . 
shall that be reckoned treason ? Then for htm 
to say, I had it from the king's own mouth, it 
is impossible to be true, and is no overt-act, 
being only words, and cannot be reputed tret-* 
son. And then as to the other two parts of the 
charge, the consultations with my lord of 
Ailesbury, and those other persons, there it 
but one witness ; nobody but Porter ; neither 
is there any more but he for the assassinatioD ; 
his evidence is but a single proof, and there 
ought to be two positive witnesses, by the law, 
to each overt act. ' 

L. C. J. HoU. No: there ought to be twa 
witnesses to each species of treason, that is alL 

Parkynt, There ought to be two wit* 
neises to both these parts of the treason. 

L. C. J. Holt. I must tell you, sir William 
Paricyns, if any person does dengu and cooi* 
trive that the realm should be invaded, or tht 
king deposed, and another set upon the throne^ 
that conspiring to invade the realm, or dmse 
the king, are overt-acts of high treason, witha 
the statute of 25 £d. 3, and the same speciea 
of treason as designing to assassinate him is« 
It is compassing, designing, imagining bis 
death and destruction. Now the question ii, 
whether there is not another witness, besidea 
capt. Porter, to prove another overt-act of this 
design? 

Farkyns. I don't find there is; for all the 
rest is only discourse. 

L. €. J. Holt, Yes, for what? Do you think 
providing arms for that purpose is only die-* 
course? 

PorArynj.' The witnesses do not say for what 
purpose the arms were bought. 

h,C, J, Holt. Nor do you tell us of any other 
purpose. 

Farkynt. My lord, it does not appear wIma 
they were bought. 

L. C.J. Hjt. Aye, but wbat occasion iiad 
you for such a quantity of arms ? 

Parhyni, My lord, t did not buy them, after 
all. I found them. If I had had liberty te 
have sent down for witnesses, I could have 
proved that these arms were in boxes all rtisty 
m my bouse when I first came lo it. 

L. C. J. HoH. Aye: But why were tbey 



Ill] 



8 WILLIAM IIL 



Trial of Sir fVUUam Parhym^ 



buried, just at the time when the Plot was 
broke out, and the whole desijs^ discovered P 

Parkyns, 1 caonot tell, ray lord, how to 
help it, if thev will make an ill interpretation. 

L. C. J. Holt, What interpretation would 
you have us make? 

Parkyru. My lord, it is Tery easy to ima- 
^ne, people do not care to be found with arms 
at such a time; but, however, the having of 
arms is no treason. They are as much a com- 
modity as any thing else. 

Att. Gen. And then the horse coming to 
town just at such a time, aM the saddles. 

Parkynt. I have not bought a horse this two 

rears, and I travelled in no other manner than 
used to do. So the groom tells ye, I used to 
come to town with three or four horses alwflvs. 
I never kept less than six or seven horses this 
twentv years ; sometimes a great many more ; 
and they were verv little bcvses, pads, no way 
fit for the service tbey are presumed to be for. 
. L. C. J. Holt. Have you any thing more to 
sav,Sir? 

Parfym, I hope, m^ lord, as to the assassi- 
nation I am clear : Perhaps the world would 
imagine, I have had some inclinations to king 
James's service, and perhaps tbey may not 
think amiss ; but I never did any thing, nor 
had an opportunity to do. 

L. C. J. Holt, God be thanked you had bo 
opportunity ! 

Parkynt, And 1 hope my life shall not be 
taken away without proof; I hope it will be 
rather thought, tliat every one should be taken 
to be innocent ; and it would better please the 
long, that I should be acquitted, than to let me 
he round guilty upon slight ground!< and ima- 
ginations, of which little or nothing can be 
tnaile. 

L. C. J. Holt, No question of it : It will 
please the king and every body else, that you 
should be found innocent. 

Parkynt. Then I hope, my lord, you will 
not strain the law to take away my life ; ac- 
cording to the rule, That it is better five guilty 
men miouM escape, than one innocent man 
suffer: Fur the blood a of man may lie upon 
every body, if it be causelessly shed ; and it is 
very severe to strain the law to take away any 
man's life. 

L. C.J. Holt, Look ye, sir William Par- 
ky os, 1 must tell you, you may be under a 
very great mistake : You may think it neces- 
sary to have two witnesses to every overt- act, 
but that is not so ; for if there be one witness 
to one overt- act, and another witness to ano- 
ther overt-act of the same species of treason, 
that is all that the law requires. 

Parkynt, Here are two species of treason, 
levying war is one species, and assassination is 
another. 

L. C. J. Holt, Your design was, originally, 
the restoring of king James, and x in order to 
that the dethroning of king William. 

Parkynt. That appears but by one witness, 
which is not aoeordiDg to kw, which requires 



L. C. J. Hi^t. One way of effectii 
design was by assusinatiite, the other I 
sion, or by force. 

Parkynt, Still, my lord, here is' tl 
witness, and that is but one. 

L. C. J. Holt. Yes, there are two. 

Parkynt, None but captain Porter. 

L. C. J. Holt, What, not as to the r 
of king James, which tends to the del 
kii^ William ? 

Parkynt. In what particulars, my k 

L. C. J. Holt. Your providing an 
going to Leicestershire, and sending C 
on that errand into France. As to the 
nation, indeed, there is but one positive 
besides otlier circumstances, which hf 
weight ; but as to the other, you said i 
would come— — r 

Parkynt, It was my opinion, that's 

X. C. J. But you said you had his wc 

Parfynt. Does not that answer it! 
lord P Is it possible it should be true 
who was in England, should have the 
one that is at such a distance beyond si 

L, C. J. And then your buying of 
for what purpose were mey ? 

Parkynt, My lord, does he say it W4 
der to it? I am sure he does not, and 
shall not be presumed out of my life. 

X. C, J. When you talked of thi 
landing, and said, you had his word foi 
likewise said, your troop was made u 
soldiers, besides volunteers that had I 
fleers. 

Parkynt. Still there is nothing (U 
does not say there was one man raised. 

L. C. J, And your going into Ixmco 
upon such an errand, as you told liini y 
upon. 

Parkyns. Well, my lord, 1 must le 
your lordship. I hope you uill tonsi 
of it. 

L. C. J. We must do that which is i 
tween the king and his subjects. 

Parkynt. And, I hope, my loni, the 
sioh of subjects is more acceptable that 
struction of them : and the government 
concerned to save the iimoceut, than to 
the law to punish the guilty. 

L. C. J, It will be more acceptah 
indeed, the king and kingdom are vei 
concerned in this matter, and at tliis i 
William; and the gt>vernment ought 
care to prcsene it^eU'. Have you an 
to say, 8ir? If you have, pray 9|>eak ii 

Parkyns. I have no more. I suli 
your lordship ; I think there is hut < 
ness, and all the other is but conjeci 
nonsense; and oul v%itii€ss is not sutfit 
the law of England, ibi* by the statu 
must be two. 

L. C. J, 1 have told you my opinio 

Parkynt. Besides, y out* lordship ha 
me this many years, and you know 
education was not to war and tigtiiiog. 
gown; and your lordship knoM bovi 
aMy 1 have bred. 




115] ^^^P ^r High Treasan. 

ImC.J. f i»«v«iniown y mi heretofore, sir 
wmW ytm kept your profession ami 



D* 1696. 



[114 



Fmriairng^ And sow fn my old age, niy Itird, 

I tm grijitti IJifTie, aiit) listve lo«l the use of my 

invk fTHii ilMf gnat, und arnrce able almost to 

M«tt tmf ibet. Therefore it cannot in reason 

mtkmtnt ^rahahlc, th&t 1 «^houl(l en^a^e in 

•■k B Msinrss a» this; mill therefore I bo(>e 

. jii^m jl inlerprrt h\\ thiii^n in a nriilder sense, 

^■^■tor flf litis, rftther thnn for the destruction 

^^^Bid tlie ruin of n man's fortune and Ik- 

LC^J. I idl yoii^youbavehad my oinnion 
iiiiiiiiH, the tiumlier of i*ttne^sea< 1 su[>- 
fiw lilt Iftfil mud brother witt declare tJieirs. 

L.CLJ^ Trrby^ My lord chief justice, it 

im^ ilort please to hiive us deliver onr upi- 

MHi; t iJiir.k w ii nus^lii lo be verv lender in a 

mm •f bl" ■ - hie of i^ir Wilhaui 

PldcyiA i» ^ e ought to he careful 

Ai^Wliare on wrou§r dnn« him. But I thitik 

Vibtettcs iff Ircison, ripecially of this na- 

l*«,4»fife of Uie Uin^, aufj the hvesi af all 

at pe<»|»le of the kiogYiom are also at 

%tk*\ f«f mutt be indifferent in ihit ca*e» 

I in« tfrace of (jod vve uill be so. The 

I Utat *\T Wdliam Parky ui proposes, t», 

tlirrt; ftre two iviineKses upon tbi^i 

totliii 't if vi^hich he is indict- 

•^ «tedb iSt ti "^iuK Add imagining 

^kaif^^MOii: <M.c^ >^iU)es!4, at least, does 

f^mtwmj prore, that you sir VVilham Parky ns 

M ^tw tD thp 4leugii of aBiasginutmg the 

lnC^ffBWMi, afiU proimaeto provide and con- 

^Anlw«rii Af»«l arm^ to that purpose. Now 

MfpM tbct t^ proved but by onr witue«is, and 

hwi gtJDc no fiirther, Ibeo your 

ukl bate hail a very ^ood ground, 

I li»oa«i)ii tiai l^e a lei^itl prfiof of tri^son \ 

\ I •ml leil you, that thiii treaaon of com- 

vaA. imayiniR^ the kitig^F death may 

cndcnt by other ov<?rt acts, besides 

KMainutirfa r to conspire with a foreign 

> 10 is fade the 1 i. provide arms, to 

Ik ii^wlara, ae> an insurreotion 

Like ^isiTf (besie mt^^ mert^acti of iriia* 

f llRiktag^a d«ath. For it cannot \>e aup- 

bot clial be that would liave au mvasion 

I WfTicl bo ag^in^l the ktng^i person, 

1 tie dfftro^^tiou fH' the king ; he that 

tak« away all bia defenc*^, which he 

»e by tbaaasliitance of his subjects^ antt 

icxpoaed to bia mrittil enemies^ cannui 

I to deitig'n the kin^^s ruin and 

Tbttdofv, air Witliatn, such thinisr^ 

Mr mlsft a compasting^ and imsi^iii- 

*. lane's fftratb ; your providing arms and 

«re etiil«<riee« and overt-mcta of this 

ad f ^' ' I M<^ upaoddoiiu 

I iM€, if that were 

, » i^irna^fmiiire^^c. aa it seems 

leaM was* 

Btf ikat U not aifd, my lord, 1 

fosir ptr^on lor uiterrupting' you ; 

tiMl I WM tlNsm 10 rise I by tio 

aMwr«r} %oA tlmid^ra, pray^ my 



lord, do not inforce it beyot»d what the evidence 
has proved ; he said, 1 went lo meet my fnefids: 
was there auy tbin^ said it waa in order lo « 
rising? 

L. C J, Trehij, I think you mistake your 
own words, an you spoke thetn to the witness, 
if f did take ihem, ag 1 think I did, t\^\\U for 
they were several times repeated. 1 ^vill do 
you no wron^, sir William, 1 assure yoa. You 
went into Leicestershire, and ynu say, it waa 
to meet your friemJs; the witness says, it was 
to meet the king's friends ; by the kin|f, it is 
\ety pbiio, you meant not km^ WiUiara, bot 
kincf James ; for you spoke before nf the king'*s 
landings, which was at Christmas last, when 
every body knows kin;r William was in Eog* 
land. These coupled tr^eet her 

Parkyns. I beg" your pardon, my lord; 
those two thin^ are not butb to be joined to- 
gether; the discourse of the king's landing 
was at Christmas, aa he says ; the other thmg, 
my journey into Leicestershire, was a mouth 
afterwardi^i aud therefore they caonot be coupled 
ti^ether. 

L. C\ J, Trehy. The coupling of them, that 
I meant, was only to shew who was umlerstood 
to be spoken of by you, when you named the 
king ; so Uie question is» Whether you did not 
mean the same person in January that you 
meant in Decetnber, by the word ting, espe- 
cially since, as a discovery you bad made, vou 
said farther, the West was as well iiiclinefl to 
the kin;^'s interest as the North, and a lord's 
brother was concerned in it? II by the king 
you had meant king William ; how imper- 
tinent and insensible had been all this discourse, 
that the west was as well inolitied as the norths 
and that a lord*s brother was concerned in it ; 
concerned in what f In being" indinetl to king 
W^illiam ; to what purpose cuuld that be said P 

Farkynt, It may as well be interpreted that 
way as the oihtr. 

L. C* J. Trtbff. I must leave that to the 
jury. And I confess, if there was not some- 
what more in ihe case, you might the belter 
argue upon this as to the interpretation. But 
layinef aside the consideration of your riding 
into Leicestershire, &c. here is this providing 
of arms, proved by four or five witnesses, and 
the serving of I hem in that manner ; and 
there is no account given by you, that they 
were provided for the service of the govern- 
ment, or that you were employed so to do. 
Certuinly it is not lawful to provide arms, es- 
pecially for a wliole troop, as for aught I per- 
ceive here was, though indeed I am not 
skilful enough in those htisinesses, to know 
bow mauy make up a troop ; but it is plain 
here was uu insurrection intended, when the 
invasion was made ; and that is an evidenca 
that these arms were to be employed upon 
that accouut, for no oll^n* use was to be made 
of them, nar is preteiiiled. If you had found 
those arms in your house, as yon say, il bad 
beeu your fluty to have delivered them up, or 
dinposed of them lo the use and service of tha 
governmtut, which tervice loo, eould oaly be 



tl5] 



S WILLIAM m. 



TrMtfSir WUliam Parkyni, 



[1 



If hen you haJ a commission from the gorern- 
Dent, And not of your own liead. And then, 
besides all this, von acknowletlge tbat you bad 
a tnK?p of old soldiens. 

Parkym. ft is but slidlngly that ; for he 
only telU yrm, that a troop would be com- 
Deed of ofd soldiers. 

L» C, J. Trehy, How can that be ? when he 
taySj he refietiU >oor own wordii, My troop 
coa«i»U of old soldiera; can any body say, 
tbat his troop eontisi^ of old soldiers, without 
having a troop ? 

Farkj/ri. Pruy, Mr. Sweet, speak; my life 
i« at slake, di4t I s;av to you, it did eonsistf or 
it was to i oiiiist ? fletjoHeiM youiaelf, and con- 
sider *vc«11 before you speak. 

X. C. /. ^ hat was it that be did s&y ? It 

I conaUt> or it would cousi&t ? 

Sv^eei* He ^aid, hia troop wa& composed all 
^f old soldiers* 

Parhtftis Hut does it appear by any evi* 
ence, that I bad a iruop? If 1 had, who were 

ey 'i l^one of lbtffi»e men do apfiear. Does 

(Ilia trooj* consii»t of men iu I he air? that! 

bouhl It-st men that are all in nubihus^ mvd not 

onoof them to be known. Suppose I shoidd 

lei I brio a tye, or make Home brags, ia this 



lere ia no person proved to be li&ted 



treason ? IJ ere 
01* nftmed. 

L. C.J. Bularmi) were foutid in )Our house 
for a troop. 

Farkynt. But v»here (hey were Iwu^ht, and 

fhen tbey wvre bought, and made ready, it 
doea not appear ; and I altirui to your lord- 
ship, if you would give m^* but one day'atiniei 
I would prove, that they were at my house in 
Waruickshire when I iiratcame down thither, 
which h two years ago. And I will fully 

Qdke it out to your satisfaction , or I will be 

rucified or any thing iu the %vorld. 1 i^n 
prore it by a great many witnesses, by my 
fricuda, ana all the servatits that belonged to 
me, th^?y were there long before ttiis discourse 
vas ImJ or thought of. 

SimL Rukeby. If your lordship escpecta tbat 

[ should dehver my opinion, I am ready to do 
As to this matter of law that sir William 

[^arkyns has proposed, he says, There are not 
Ctwo Witnesses to the same overt-act> and there- 
fore no evidence of treason ; truly, I take it, 
anil always diij, that the law is, iliere need not 
be two wilness^ij to the same overt^act ; but 
if there be two witnesses, one whereof fapiaks 
to one ofcrt-oct, and another lo another ovt^rt- 
act of the same species of treikson, iUhhc are 
two wiines^s within the law. Now, 1 think, 

iic:reare two overt-ucts in ibe indiclaii-nlul this 
Jlreasou. The treaaon is compass! ng^ the death 
Df the king; the uvtrt-acts are fir:»i, the par- 
pticuLtr dehi^n of the a^ksas&i nation upati his 
jKrrjscm, and the other is, the bringing^ iu of a 
J'oieii;n ibrce^aiul prejiaring horses and arms 
I meet liuit foreign force here: All to the 

Ame intent and purpose, the compasaiiicf ami 
na^iuini?' the king's death. Now, besides 
tliai of the asiaasinalioii, there aie a ^reat 
lUiuiy iiritiifii£es that jp»T« thart wtra arms 



prepared ; for there were found a great t 
tity, when they opened the boxers; wii 
boxes, tl is plain» he himself sent down to Hi 
wothI's house : For though Charnock 
letter^ yet it was by bis direction, as be i 
to Haywood, when he was here in town, 
then his arrant fetched them away from \ 
place, and this 1 take to be another ove 
and proved by ieveral witnesses. Sir Wii 
Parkyns speaks of his being a ^otin*ii 
hut 1 do not know what a gowniQaii 
to do wiih ««uch a quantity of arms, 

Farkym. If you will give me leave to I 
foriiOiue people, I will demonstrate itaii 
as the sun, that ihey were in the house 
years atfo, wheu I came finvt thither. 

Just. Rifkthy. There were preparations 
ye^rs ago, it appears, for the di'«tructi« 
the king acd kingdom ; however, the tneai 
were accuiied of it, bad the ludt to < 
be iGf|uitted. 

Parkym, My h^rd, 1 hope 1 shall not U 
terpreled out of my life, i desire the sa 
niay be read. 

Just. Rokeby, What statute do yon ipei 

Parkyni. The 23th of Ed. 3, and the , 
statute too,^ let them both be read to the j 
that they may consider of it. 

The Statute of the 25lh of Edw, 3. wwM 

Parkym* There is nothing of two 
there. 

L, C. 7. No J but there is another 
the 5th ol Edw, 6. eap. €. that may l^e 
for your advautage : Will \ou haveVttail 

Futkyns, Yes, if you please ; I kotiw 
is another Statute that does direct it, aw' t 
peeted to bare found it iu thl5 Statute, 

CL of Ar, This is an acl made in tlic 
and 6th years of king Edw. 6, 

The Statute wis read to tliese w^ 
'* Unless without Trial he shall confesi 
same/' 

Purkym, TheiT is enough. 

L. C, J. You have heard the Statute t 
would you infer any thi^ng from it ? 

Parki/ns. I inler that there ought to be 
witnesses, and here is but one. 

L, C. /. There are two uituesses. 

Fat kym Not direct to the same thiol 

L. C. X 1 shall leave it lo thejury, wi 
this evidence does not prove an overt>a 
demonstrate a design against the ki 
design be ti» drpo^e him, and that is 
by two overt-acts, undoubtedly that is 
within the Statute ot 25 of Edw, 3. 

Farkym, Tliat I agree, but yet there 
be two wiine^sst^ of it. 

X. C. X Suppose dethroning the kitig 
the main desiLai that strikes at his life, aod 
rtisolve it shalT be done one way or other. 

• 7 and 8 W. 3, c. 4, s. 5, not then, 
seems, iu force, but If it were, yet it does j 
require it, but only tlrat there must be twa 
the saiaa trtasun. Holt's Bep. 60S« 




j€ff High TreoMm* 



er by iosurrecliou ; 
lib tt forei^ ftrmy. 
!)C«i re there oiignt 

■teio^nu, for tUai tcrv last act that is 
^Blin a ttivif rlajv, declures It ts auf- 
^nb^ie be rtnt* tu rioe oiert act, and 
ET loiiioiiier i but ttHl it must be of tbe 
jj^,f ' •— ■ ' • n|i; and dc- 
Ilt^f . of bim, aod 

B*{ ist bim, or to 

to III L ot treason, 

iqU' \vrr«^ overt- 

i**^-' i: ,:'^s B8 can 

fcc natU, and thrretore there ought to 
no eiirb ot'tbcQi. 
That wbicli I delivered us 
M«, tlint ooc witnetis j» roving" oue 
■y vvitDPSM proving an- 
I me wufi of treason, are 
^ rig; as tbe Jaw re- 
i'lilly coa finned in 
u act of |»ir- 
i reason, (bat 
'. iirasoii, but by 
iiiony of two Inw- 
^ . \UtM\ to tbe same 
i\ to one^ uod fhe other 
ovcrt*iict of the sitine 

(wt. Of thr %nme trenBon* aye, 

^<Te i( IK (be imagmiog 

liul is tile Irrasoit. 

^^^Uoi you may fay i'V€*ry thincf 
^Bl if you pleciie to let the ^bolo 

|K>u tliall b^vf it rend if yois will; 
^Bt thai IS in it coocettiin^ this \ 
Jf»iw u de^itjru lo depose the kioif, i 
I^Siieifhited by sotne overt -net, is an 
I •• pn>?t; the debii^ of tlie deniii of 

hen It inu^l l>e manifest, and not 

; ■' «l. that 

ttmn, that is an orert- 

•i of hii! deuth, 

Fbi_*y toie very thftcrent thing^f 

Mitioini, IV e have seen a kiog' 

\9\ he i% aUtf . 

I nm iiure ive have Meen a 
d, and yet, God be 

* IT in tbe de- 

<he iri'sson. 

(, &ijLC«iii to aiuke 

'"»'V'r people will 

*brres^ or to 

LIihj: tbttt is 

-act of 

>s« been 

r fjules, my 

^ t (ho^e men 

iBB nr|ttil«d tbe mvUUuder in ciljecs 



HU»U *!•* 



.Frvif. Dal ui. 



A.D- 1696. [118 

of tS natore i For any act that expresses 
intent of dethroning tbe king, by means of \ 
invasion by a foreign force, and an iys»irr»fctit*i 
against tbe king^, is a proper proof of a Cie^x*^ 
of bis destruction ; and if not» then ajp-eeiotf 1 
shoot htm is not an overt-uct. Men intiy s; 
aiso, that there need be actual sbuotaig 
make out the orert^act in that cvkse. 

Farkym. If yonr lordship pleases to huft 
the arri read, I slmll submit to your lordship*^ 
ju^igment. 

L, C\ J. Let it be rend. 
Forkynt. If you please to r^d the act, thf 
preamble of it. 

Ci, fj/' Ar. Tliisisan act made in ihe 
year of our soiereit^n lord tbe kiogf: Is tba 
tbe act ? It is ait act for regubting of iriiils m 
cases of big li treuHtJiK and mijtprisiou of tre 
sou. Is that the act ? 

Faikt^ns. Yes, yes. (Tbe actwos read.) 

Just. Hokebtf. Ibebeveifyou look into tl 
^reat case in purliament, the case of my lor^ 
Niaffrirdj you v^ill find it was decfared for 1 
that one ivitoc^s lo one overt act, and anothe 
witntss tu another ovfit-act id tbr same t 
sou, they were two witacs^es within tbe 
and this vi as a solemn resolution in paritatuen 
iu tbe House of lAudii, 

Fftrkyns. I believe it has been done; hul| 
here is a tienefictal biw made, which H' tafi 
trial bud been ptit off a few days, I shooldl 
have bad the benefit of it. 

L, C. J, It would liaie been the san 
tbin;r a^ to this mntter, for this act declare 
the ^^ry same I hint;, as lo the two witnesi»t?s. 

Fftfkt/m, Aiid tlien, niy loril, I could bai«j 
bad u ilnesses to biiv r taken cjH' a ^real pari i 
this evidences, nud the law comes lo tuke ifi^ 
vtiibin one day, and it turns here upon thisj 
mutter of Sweet, ^^ lio is not a *:oo(l evidence :( 
loriii'j manifest be has contratlicled hini8clf| ' 
and It is miinifcst be has sworn what cannot be j 
true. 

X. C.J. Wherein? 

Farktfm. That E sliould &ay the kin^( 
would I and here, for I bad his word fur it. 

Jusl» liakciif/. You might have bis word, ( 
ufid not delivered by hi;^ own mouth ; tber« d 
ure other ways to convey a man^s word| be- j 
aides sneakiuf*'. 

Farkiftit. But then we do not call it hiMt 
word, that** hearsay. 

Ju«»t. Hoktby. If a roan write his note Ihal^ 
he will do such a things we may rery wellsayt { 
we have his word for it, 

7^. C. J. It is not impossible hut that yoa 
mi^bt speak w itb him. 

Fnrkym, It is impossible I should speak 
from hence to France. • 

L.C.J, You might have been over witk 
liim ; I bebeve a great many others have, and . 
it is proved 3Ir. Cbarnock \Mmi over. 

Just, RGkiby, If any man should hare said i 
nt the latter end of the lust foomh, I believe 
thut there was an assassin at ion mtended against 
the king, because 1 have h'ts woni for it, mere- 
ly from reading bis speech to tbe parlUiueot, 



IW] 



8 WILLIAM m. 



I 



wherein be affinas that he had fsereral proofs 
nf it^ ihat bad been a firoper exprpssioo, though 
tie <hd not hear the king »peak it. 

Farkym. Yea, if be had the speech to pro- 
duce. 

Just. Rokeky* Then if il coroe by letter, or 
message, or common fame, he mig'ht send 
you word by particular messenger. 

Parkj^m, Yes it thtre was any auch au- 
thority as that it were true. But be hasi ma- 
nifestfy c^ntradicteil himself, an J captain 
Porter suears for I its own life, and 1 must 
leave it to yon, whetlier tUey are to be behe^ed. 

Just. Hoktby. Captaiu Porter's testimony 
has been hiitHdently cooBrmetl by the ac- 
kuowledi^nient of dyin^ persons. 

L, C X WeH, have you any more to say, 
air WiUiam Pnrkyna ? 

Purkyni. No, my lord, I submit it to your 
lorrlsbip'si tlirertion. 

X. C, J. Then what say you to it, Mr. 
Attorney, or Mr. Solicitor? 

Soi, Gen. May it please your lordship, and 
yon j^titlemen of the jury, \ ani of cuuosel 
tiir I be kiug* in thifi matter, and it ist my turn to 
sum itp the evidencf a^fainst the prisoner at 
the bar ; he Btinds indicted for eompa$«ing the 
death of the king*, for desii(ititi^ to depose the 
kin^;, for promoting a foreign invasion, for in- 
tending an tUiiurrLxtiun here at home, and for 
aiding unil abetting the kinjsjf^s enemies, and 
lor dtiin^ ^n bat be coulJ to procure the sub<^ 
jeclioa of his own country to forcigneira and 
Strangers. 

itemlemen, some of these crimes run into 
one anoiber; designing the death of the king- 
by assj^!iinaiiut>, and desitrnin;; to depose the 
kinfi^, aniotint to cue and the snme thing 
wirh compa^^ing- and imag^ining* the death of 
the king. 

My lurds the JLidg-es have given you their 
opttiiou in that (K>mt nf law, and I think it is 
«)^reoableto alt the resolutions tlmt have been 
since tbc iimkini,'- of the statute of 25 of Ed vv. 3. 
1 think tlmt it has l»een e\'p)aiiie4l so in the time 
of Jtichurd the 'h\ ; but this \ am sure of, that 
it was so resulvod in the time of Harry thf* 
4ili, XV hen there ^oh a dt sif^u to set u|i Richard 
the secnnd agiiin, nnd it was mJjud^fcd lo he 
hit,'h' treason in compasninij JUid iinng:iuing the 
deatli of ibe kinyf. For de]»osin^ the kiu<|', 
is deutroying him in hii* poiitic capacity, us 
much OS asHassinattnn ami itiurdentiiii^ t>j' hjm 
is de^troyiiif^ hiin iu his nalurul rapiiciiy ; 
and tip Ci>n^()irulorB in such tasts krunv wliat 
the gfr**»l i*rid is they aim sit, fo subvert llit; 
govt mm em as it is esiajjlisheflhy law, whereby 
t'very iii^u eiifoys his oviii prnperiy, and the 
freetloui of his person, uiitl ihoi^e that will be 
quiet may havj* thr'ir liberty and projierty pre- 
srrvrd rtttire to them ; 1ml sonie pfiple uri^ s^i 
\^vy intpalient of suhmiilin^' lo ibf bw, that 
Ihey ciinnoi he content t^» be in servitude tlicm- 
selves, l»ut they must nefds do ull they cau to 
brinj^f it upon tlieir fellow subjects. And m 
wpre yzxy well if that those who were in Jove 
with slavery I would but go ta soiq« other 



Trial of Sit WUIUm Parleys, 

places, where they may hav« cuong^b of 



^n*{ nut brin|c it u|k»ii those who are so Ultk 
sirons of such a thing, as we are, and 1 
always «hali he, 

Genilemen, to pro?e sir William Parii^ 
Guihy of this treason, wliereof be stmnda 
dieted, we bate produced seTcral 
and first there is Mr. Porter, and b« lelis 
sir ^ilbam Parky ns told him he had 
coinmi«;sion from king^ James, written 
bis own h&nd, for iP«kio§f war agiuost the 
son of king William. 

Parky Hi. Sir, I beg your pardon, for 
ropting^ you, but there was not one w, 
that said ; liere is Mr. Porter, pray 
if ever 1 saw a comtnission from kin^ 

L. C, J Porter did say so, if 1 i 
any tiling Porter said ; you told him yon 
read the com mission , and il was written 
bis own baud. 

Parki^ns. Alt that I beard of il wu, 
when 1 was desired lo «uake one in the 
sas^ination, ] refused it because I said I 
busy about the matter of my regiment. 

Jit, Gen, Pray call Porter again* (« 
Porter came in.) 

Sal Gen, Pray, capl. Porter, will yon 
thecuurt and the' jury an account wliat 
beard sir William Parkyns say about the 
niisiiion that came from kin^ James f 

Porter^ I asketl Mr. LharnockwhY I 
not see the commission, and he told am 
bad nether seen it bimsrlf, but sir William 
kyns had. I did a^k sir WilUam Park^ 
whether he bad ^een it, and he told me be 
sec jt, and read it, and it was to raise war 
against the person of the prince of Orange. 

Ail Gen, Whose baud was it in did besayf 

Porter, It was written with kiuy^ J 

own hand. 

Parkyns. This was my mistake, I tbi 
he had said 1 told him I had u eomoaissbii 
a rf^iment. 

Idr, Mnntaout. Did he ^ve any reason, w 
it was written with king James's own band ? 

Porter, We used to say amongst ours^h 
it was, btcnuse he would not trust any of 
ministtrrs \i iih it. 

Sot. Gen. I ivould not do sir William f 
kyns any wrong, but only sum up what is i 
terial in the eviflence given against him. 1 1 
member very well Mi*. Porter said, Mr. C 
nock toI4 him sir Wilkiiim Parky psi bad i 
tbe comuiis^ioB, but 1 woybl not otfer that: 
evidence a^^inst tho prisoner what aooti 
told him, hut he says besides that sir Willie 
PafkyuH tobi him bimself, thai he had s«ea 
and tliat it was written with king James's o 
h;^ud. He says that they bad st^verd 
ingi together, sir Widiam Parkyns, and 
ffreat many others ; and he names the p! 
the Na;^\s-heiid in Cor eut- Garden, the ^ 
Tavern ui the Strand, and the Ghd)e tavern 
Hatton-Garden ; he tells you particularly t 
it wus agreed that King (who was execuli 
and Knigbiley, and hituself, shouUI go I 
view a place that should be proper for the 



WJ 




Jof High Trenton, 

1, Mid Ui fif e n report to the prisoner, 
the rest of Uie consptraiors^ wKut they 
lit tlie most proper place ; and that 
_ _• tbey did rievf (he |>laee» aod came 
\ Digbt, and fuel the company, wherertf 
liam Parky Ds was oue ; aDiJ I bey j^ve 
oant bow ihe place was viewed^ and 
, was thou|^ht most pmper, and ihen all 
snv ag^reed to ii^ He says indeet), 
nifiam Parkyns was not one (Hat was 
i it ia bis own person, but one Scuda- 
i ta be the man employed by bim ; 
f Uul say it vvaA a ihin^ that was very 
' lo be done, and would facilitale the 
na nfktn^ James, and the hriniriin^ 
a^u : And tliere is likev»i(ie this 
it^g efidence of Wr. Porter^s witli 
, I sbftK observe by nnd by, tbut sir Wit- 
il^rkyns was to procure 6re horses, three 
»iiwrwf be was lo mount himself, and two he 
wiatotrnd CAptala Porter to mount ; and if 
te« vere ftirther occasion he could procure 
aort Irofii Mr. Lewis, gentlem:in of t)ie 
hant ts my Jord Feversbam ; and accordingly 
vif bare jpnMiuced to you two witnesses, Free- 
I aiidTurtAti, the one atajisier.tbe other an 
r tbai litedattheGeor(re-inn in Holhnnj, 
wIm fife yciu an accoiint that upun Friday 
ktfbsllienrst day that was designed for the 
iHMSiitioo, tliere did coute tliree hon»e8 to 
liini, for iir Wdliam Parky ns ; but it beinq- 
{■I «ff upon the disappointment, they were 
Ml Mt w town ogam. Upon the Friilay 
iftifuda, ibe day before the discovery, then 
^katwme lour bones hrong^ht to town, and a 
Sill wif of #fr< Lewis, which was a roan 

B4fhfm. Pray, Sir, will yoii please lo oh- 
ibil«»rtof liorsestbey were ; and par- 
the height of them, that it may be 
KPiv fit tfiey were for this business. 
M 6tm, i will do you no wron*^^ s\r WiU 
bm, if I can help it. The Jury havt* beard 
Ikecfidettce ; and by and by they will bear my 
brd'i directions : but tbey du say there were 
tokougbt to town, juida'iiftb was Kc^nt, a roan 
tirsi, the witness said the horiio came 
•la^iie^ bouse, but then preiit-nily be 
1 biftuelf, and acknov^ le»!{(ed the »i is- 
i ffcflerw ards said it was from Somer- 
80 there were llie five liorsefj, tliree 
' sir William Parkyns was to mouni, 
Aiktn Porter, a^ he hiniRetf siiys ; and 
t(kw 1 instance in, aa Diiikni<:!f a couciir- 
riif^f idence, and very near to two ivtlnesses 
ttfirove thi* jjart of the conspiracy. 

Ti>«o, ^eotlemen, captain Porter goes fur- 
IW, and say>», that be had beard (but sir Wil- 
I parky us did not tell him so hiti>«elf) that 
""liaiiii Parkyiis liad a commission to raise 
*ttt of burse, and was pre|»aiing^ so to 
^ linst the time of the invasioti^ to join 
vik tlic forces that were to come imm abroad. 
f}rtn which, ue have called Mr. Sweet 
lilipte YOU an account that he had been ai> 
fiijQlcil wiib sir William Parky ns tor throe 
^yi, and tlial be had of\ea talked wiib him 



iMftcapta 
Unit facts 



about the kingf, that is, his present majesty, 
whom he called the prince of Orani^f and th# 
little gentleman ; and about kio;^ James, wbooft 
he used to c^it always king ; and he said tb« 
kingf wss lo land very speedily, and that he 
had a troop which consisted of old soldiers, and 
that there were several volunteers that were 
ofHcers ; lie said be was to take a journey into 
Leicestershire, anil accordingly lie went ; and 
when he returned back again be said, the 
west and the north were very well inclined to 
the kind's interest, or to thut purpose. And to 
strengthen his evidence we pmve, that he did 
gn accord inj^rly into Leicestershire, aod we 
prove it by his servajit that went with him, 
w here he met with several persons, particularly 
one Vurboroiigh, and a parson ; svlmt they 
did transact the servant cannot prove, but he im 
a concurrtiiLf vvituetis to prove, that he went 
into Leicestershire ; and we have all the rea- 
son in the world to believe that he went on that 
erranil that he s]>oke of before, that is, to nieet 
the king^f) friends, as he chilled king Jamef. 
And then there is a further concurring evidence, 
bis having a regiment, or a troop, it is iM>t ma- 
terial, whether it be one or the other ; and that 
h the matter of the arms, 4 do2en of swords, 
S2 carbines, 36 cases of pistols, that were hid 
in the garden of his house : And these arms 
we have traced further, be sent ihem fnmi his 
house to May wood ^s bouse ; there he (bought 
they would not he safe, ami thcivfore sir Wil- 
liam Parky ns sends far them privately; they 
w ere to cmne away at night, und he brought 
buck to his house, and they were accordingly 
brou^jht back in the night to his brtuse, and tber« 
they were buried ; and ilie same person saw them 
taken up afterwards, which brought them to 
liir William Parky n«'« bnnse, anr] prines they 
were the same Imxes that were buried, and 
which upon opening proved In he tliese urms, 
that were first sent to Hnyvv(iod*s and after- 
wards brt»ygh| bick to his own house. 

80 that this, gentlemen, is a concumng evi- 
dence both to what Sweet says, ami to what 
Portr*rsavs; and those are the two witnessei 
to this part of the trca^n, that there wits a pro- 
vision of arms and men for this purpose, uhicb 
he said he bad a commission for. 

Now, gentlemen, against all this be makes 
hut a very small objection. 

As to the matter of two witnesses to every 
overt- act, that has l>een over-ruled by the 
court; autl as to the arms, be says be found 
tlif m at bis house n hen he first came to it ; 
and then tbey were obi rusty arms, but of this 
he gives you no manner of evidence. But if 
they were there when he came 10 ibe bouse, 
bow came he at this time of day to hide tbera, 
and secrete them ? Why might ihey imt be M' 
public now bk they v*ere before be came, which/ 
lie has had time enough to prepare (o prove 
since the tinding 0I them ? And lie does not 
give you so mut-'h as any colounible rea^ion 
why he so^ecreled them. And therelbre it ir 
a most just and violent sus^iicion, that tbej* 
were for the purposes thai the wittiesscfi harir 



183] 



8 WILUAM III. 



Trial of Sir WiUiam Parh/nt^ 



giTen yoa an aoooimt of; and you hare reason 
to beliere tbey were pronded for to arm that 
number of i6eo, which he was to raise to assist 
the French when they came to land here. So 
that if you believe what the witnesses have 
■worn, you cannot say but that he is guilty of 
the treason charged upon him ; and we doubt 
not you'll find him so. 

Mr. Cowper, May it please your lordship, 
and you gentlemen of the jury ; I am of the 
same side of counsel for the king. Sir William 
Parkyns has given us a good caution, which 
I shall take care to observe : and that is, not to 
strain either fact, or law, to his pr^udice. But, 
my lord, when such a mattei- as this, a crime 
of this nature, is so far proved against the pri- 
soner at the bar, that nobody can in his private 
judgment reasonably acquit him ; then I think 
it a good piece of service to the public to make 
the matter so plain, thnt it may be pot beyond 
all manner of doubt, both for the ease of the 
jurors, and for the satisfaction of all others that 
hear this trial. 
^ M V lord, sir William Parkyna has truly di- 
vided his indictment intu two parts, the one 
that accuses him of being concfirned in the as- 
gassination, and the other tliat accuses him of 
being concerned in inviting the French into the 
kingdom, and en>;aging to meet them with an 
armed force. 

My lord, as to the first part, I must do sir 
William Parkyns that right, that there is but 
one positive evidence as to the assassination ; 
but that evidence tells ye he agreed to it at se- 
veral meetings ; nay, tliat he was one who said 
it was necessary to be done, in order to the 
other design he was engaged in, the facilitatintr 
the landin;^ of the French, and king James his 
descent and restoration. There is, 1 say, in- 
dood, but one witness of that matter, but the 
evidence of that one witness is coDtirmcfl by 
many concurring cinMimsUmces ; by his send- 
ing tor horst's to town the day before the first 
Saturday, u hen this execrable treason was to 
have l>ecn exocuteil ; by sending thcni out of 
town again that day U|K)n the disap|K>intnient ; 
by sonding for theui again the Friday before 
tlie MToud Saturday that the kiuir was to have 
been a^^sussinati'd ; by his bavin;<: more horses 
than were usual with him that day ; by his 
taking care tlirn of three lutrses thnt were none 
of his own, and one of tlniu brought very 
sus|uriously fhmi S«unerset- house; and that 
all thest! i'itfht horses should l»e immediately 
hurried andranitHl a\«ay upon tiic disappoint- 
ment the seot>nd Saturtlay, and nothing; cvit 
heani of them atWrwards.* I say one of them 
was hn>nght « cry suspiciously ; for, my loid, 
you observe it cainc fn>m Somerset- houses and 
was si*nt by l^ewis aei*oidin!r lo the prisoner's 
promise to caiitain Porter, which I>ewis, it is 
apparent by all the witnesses of this matter, 
was pri\y*to this design. 

My lord, tliere is another circumstance be- 
tidea this, which, 1 think, has not been ob- 
MTvcd ; ami that is, bit Miiding for Sweet up 
to town bafora the moomI liiM that the Idog 



was to have been asnannated ; he 
indeed before both the times: the firs 
was told by the prisoner, he hid once 
to have us»d him in a business ; but 
cond thoughts he had compassioB fc 
mily. And when he came the second 
was first asked what condition he ha 
family in, whether he had provid 
money. He said, No ; and tliere upo 
chid : and the priioner said, he migh 
well have staid ^at home. All these 
stances, besides the one positive evid< 
vour strongly of his having a great hi 
design of assassinating the king. 

Bnt then, iny lord, as to the other ] 
inviting the French, and preparing 
them, that is positively proved by 
nesses. Captam Porter tells yoa, tha 
soner was at the two meetings in Le; 
street, and St. James's- street, where i 
])ressly resolved by all that were pret 
the prisoner among the rest, to send i 
over to invite the French to invade tl 
dom, and to promise to meet king Jan 
landing with two thousand horse. H< 
That sir William Parkyns did pa; 
agree to what was resolved upon at 
consults. And Sweet tells you, thai 
prepared for the same design ; for 
William Parkyns told him the kin 
land, he had his word for it ; and h 
had a troou of old soldiers. * My tr 
* consist' (lie spoke it in the present U 
it being a doubt, sir William Parkyns 
self that right as to examine the witne 
and he repeated- it as his words) ' 3 
*■ consists of old sol<liei*s, or is compos 
' soldiera ;' and he was to have sever 
teers that had been ofhcers. 

My lord, these two positive wiin 
evidence that goes to the same spccici 
son, nay, to the same design, the rais 
bi'llion, and the deposing the king, 
killing him in lus politic capacity ; I s 
two g(t home to the same design. 

Anil, my lord, this evidence upon th 
of the indictment, is corroborated tOd 
strong circumstances. There is a joi 
Li>icestcr, >^hich Sweet speaks of, thai 
Parkyns told him he would underts 
journey it is provid by his servants th 
undertake : that he met there with sev 
sons, and came back and made his i 
Sweet of the success of his journey, ; 
well dis|>os(.Hl the king^s friends were, 1 
name he always meant king James ; 1 
he s|)okeof our present king, he called 
IJitle Geu'iloman, or sometimes king 
and sometimes, as the w itness at laft s 
tively. the prince of Orange: but \ 
spokeof the king, uitliout anything 
alwaj^s meant king James; and bei 
sfioke of a kioj; that was beyond sea a 
iBas last, which could not be king 
who was then, and had been in EngUnt 
before. 

Aly kird, the pr itooer in hii defenoe I 



'High Treoimi* 

him thai went with bim loto 
been formerly Charnocli's 
«Dl hy Char nock with the 
aod not by him. Yet 
fciit the evidence swore po«i- 
I by sir William Parky ns, his 
lit the note in the aliiianack 
1 to whom lie was directed to 
I at the caofectioner's housif; 
Imt done, that the person that 
^ ctiotier*8 did not remit him 
► hk nin'^tersirWiUiDm Par- 
would lie at liorae, 
. er he should iiave 
sad this WAS upon the very 
fwms to have been aswssi- 

William Parky n» ha« corn- 
lie ctiM h&Te had his evidence 
ksfe imivcd the arms had been 
m bause, and that he found them 
CiflQO thither first. If we should 
r, we niiifht confess* and avoid 
ipfiiirent that these nrms were on 
{mt tip in a suspicious manner 
sent to Haywood's (who is a 
ion, by reason of his relation io 
Etitlfotl whuse letter und recomnkeda- 
iipceivefl)^ and concealed till ttie 
ted ; and then they were 
\ that place, and buried in Mr 
own i^aiYien. This was 
■tJa^'mg out of the plot; 
d for the better securing 
t>ds. And rthereaii the 
II ere oKI and rii9ty 
nu it now appears they 
•lurbijkhcfl arms, and the 
1b, and packeil together, 
ftcour^c to another arg'u- 
pUcf% the riio*l inovinrj-, 1 must 
and that ia the art^nment of 
of his education in the 
n* of his ioiiniiitie*, hi« 
y Arj^uincnts of pJty I am 
guc II ri ttfrsw^r to» and UiouU be 
I any niotion«4 of it ; 
1 by vvay of answer 
" t he 
\i* i in 

ImM ban* bij v, 

IfloUCll hi 1/I...S '---•-■■ •'- ^.<.u^>it 
Btnil 46«iilayt>i» ; that hi< ^l^atlil h»vo 
f ii|ian lb. J. ,1 of kiiigH uimI the 
mm ; !• t-re wai no jiity. 

•J lhpii|: ' l.iiil their dcsityus 

krf taj ^ er, hut they 

Ujm, Htkii rjer- 
Ui>u ai Ei^^^n^sinatinir hiui 
di<»j»|H»iiitpd ; that it 
V under- 



A- D* IS96. 



[ISG 



Mke out, ami 



appear 
for it ; 



iiNill« iUQi, I tUiitki of his 



defence ; I Tiave^ as well as 1 was able, give 
an answer to the objections made to it, and I] 
muat now leave it with yoii, gentlemen of thtr] 
jury : and IhoDgh these considerations that | f 
hare mentioned may not quite remove all com* { 
passion, yet they may serve to confirm you tB 
a resolution of doing the king, and kiu>rdoiii|J 
and yourselves justice ; and that is all weaskl 
of yon. 

i. C. X Gentlemen of the jury, sir Willian 
Parkyns is indicted of high -treason, for design • 
ing» 'imagining, and compassing die death of J 
the present km^. There have been severalJ 
witnesses produced that have given evideno*! 
upon this mdictment; the first of th«m is Mvml 
Porter, who has been a witness beretofor«J 
against several upon the like occasion ; and 
he gives you this account, that about the latterl 
end of May, or the beginning of June last^J 
there was a meeting of divers persons at thM 
Old King*s*head tavern in Leadenb all -street, till 
the city, where they dined together; and the 
was sir VViUiam Parkyns, captain Porter Ijim* 
self, sir John Fenwick, sir John Freind, and i 
diversothers that be has raentionetl to you. Afl 
that meeting they did consult together, whicli.] 
way the late king James might be restored, and if] 
was thought very necessary that there shoulil ] 
be a French force sent over hither to Join with^ 
others for his restoration. And they did amon^ ] 
tltemselves agree and determine, what number I 
of forces might be convenient tor tliat purpose ■ J 
they did propose 10,000; 6,000 foot, 3,000 1 
horse, nnd 1,000 dragoons ; and that a messagr I 
should he sent over to king James, to peri^uada ' 
him to snhcii the French king to furnish hint i 
with sach a number of men, to ha sent over 
into England. Mr. Cbarnock, that was thea i 
in the company, was lU<3 perbon agreed upon j 
among them to be the messenger to besenlj 
upon this errand ; which en iployment he did I 
undertake, upou their promise, that they would j 
I'aisc among themselves 2,000 horse for to me 
the late king at hi^i landing. 

This being at that time determined, and Mr, 
Charnuck having accepted this employment, hm 
did make preparation to go upon thLs eri-and. In i 
some time alter (a week or a fortnight, ortbere« I 
abouts) there was another meeting, at whieb ' 
were several of the same persons that were 
pre3!«etit at the former, and among ihem si^ j 
William Parkyns was one ; and tliis meeting ^ 
was at one Mrs. Mountjoy'a, that keeps a i 
tavern in 5>t* Jame8*s-street, where they did 1 
<lt**cuur5e of what they had formeily agreed f 
upon, and did again consider, whether thejJ 
should proceed tosend Mr. Charnock with that j 
meiisage ; to which thev all ngreed, that Mr, 
Cbaruock should go, and he accordingly wenit J 
and captuiii Porter met him abimt five or s'lv] 
weeks aficr the nteeting at Mrs. Mountjoy*t|J 
and Charnock told him he had been with thaij 
several persons tvho had sent him, and had nc* 
qnainled them with the answer of king James | J 
which was, that at that juncture of time th«j 
French king had Hucb occasion for his foree% I 
that ho could UQi ^ptire tbem, or furntsb biua 1 



ItZJ 8 WILLIAM UI. 

with fo iBADy to come over here. This is the 
lint matter tbat Porter givev you ao account 
of. 

But then captain Porter tells vou farther, 
how the design of assassinating the king was 
set on foot about the latter end of January, or 
the beginning of February last; about which 
time sir George Barclay was sent over with a 
commission from the late king James ; which 
acems to have given great encouragement to 
that paity of men : For sir George Barcley, 
captain Porter, and sir William Parkyns, 
wiih divers others, had several meetings at the 
Globe tavern in Uatton-Garden, the Nag's- 
Ueiid tavern in Covent-Garden, the Sun 
tavern in theStrand, and other places. And at 
these meetings they entered into consideration, 
what was the best way to restore the late king 
James to the throne ; and it was agreed among 
them, that the best means for the effectine that 
restoratioD would be to kill king William, 
which they resolved to undertake; and at 
these debates and resolutions sir William Par- 
kyns, the prisoner at the bar, was present. 
Cfapfain Porter being asked whether sir Wil- 
liam Parkyns, at these consults, did consent to 
tile king's murder, he said they did all agree 
to the asisssination of the king ; and sir Wil- 
liam Parkins said, he thought it was very 
necessary to be done, to facilitate the restora- 
tion of the late king. 

Gentlemen, this design of assassinating the 
king being thus re&alv^ upon, the next thing 
considered among them was, how it might be 
effected. There were several ways proposed: 
One was by an ambuscade ; for the king having 
a house in the countiy by Richmond, his Ma^ 
jcsty u«ed to go once a Heek a- hunting there- 
about, and to return at night ; and therefore 
an ambuscade on that side of the \^ ater, near the 
house, was pi'o|Kiifed. Then another proposal 
was made to fall u|H»n the guards on this side 
the water, and at the same time that the king*s 
coaoh \%as to he »et upon. And these two 
places being propoM'd, there was some dif- 
ference of opinion amung ihcm; whereupon it 



Trial ^ Sir JVUUam Parkyns^ 

other two were to be mountad by 
tain Porter's providing; Mr.* Porter 
Chamock, and one Rookwood were to bi 
cipally engaged in attacking the guards, 
number of men agreed upon for the 
were about forty, or itvr more, and sir C 
Barcley vras to have a party oat of theok 
about eight ; and as tboae other* went 
upon and charge the {guards, air I 
Barcley with his party of men, was lo 
the king in his coach, and by abooting i 
coach to kill the king and all tbat wen 
him. 

The time ajfreed upon for patting % 
sign in execution was on Saturday &e 
February. That day it was expected tl 
would go a hunting. And two mei 
nlantod at Kensington to give notice w\ 
king went; and upon such notice the 
were to march out in small parties, 
lodge in the inns and public- bonsen 
Brentfonl and Turnham Green, upon w 
the king's return from the other aide 
water, and sir George Barcley waa to 
readiness to set upon the coach in the 
and the other party to attack the guards. 

But this horrid design was very happfl 
covered, which prevented the kinff^ 
abroad on that day ; and thouffh they 
disappointed for that time, yet the des^g 
not at an end : But tlicir resolntions qm 
to make the like attempt when they oooU 
another opportunity. And for that |R 
there was another meeting, as captain 1 
tells you, iiiion the Friday following i 
Sun tavern in the Strand, at which sir IV 
Parkyns, sir George Barcley, Rookwoo 
Chamock, and captain Porter, were pn 
and they did agree to attack the king a 
guards the next day, in the same |dac 
manner that they had formerly agreed 
But by good providence the king had na 
it« so that he did forbear to go abroad tha 
whereby these conspirators were total! 
appointed of their barbarous and viUuno 
sign which they had resolved upon, ao 



WHM agretHl thai some persons should be Kent j made such preparations to compass. 



to view the ground on Wli sides the Hater, 
which |KM-KunH wer» eaptuin Porter, King that 
was exerntml, and one Knightley : And so 
siiinv days hefon* the 16ih of Februaiy they 
did go un bntli sides the \«ater, and viewed the 
ground, and reiunuHl in the eveniui^ to the 
Nug's-head tavern, nei*onling to ugreeinent ; 
when* were met together ^^ir (ieorge liHi'eU\v, 
•"Vlr. ()hariiiH*k, an<l the prisoner ut the har sir 
William I'liikyiiM. And ihere they made their 
rejioit of their «ie\v of the ifnuind ; upon which 
Uitli the iiiopoHaU were debatetl ; and at last 
till V did all h|(irt« tliat the attaek should be 
iiiiido u|Niii tlis king on thiK side of the water, 
III a iune that was lietwiHMi llrentloni and 
TiiinltaMi KitHPu; and the attack uinhi the 
giianla waa likrwl««i lu be made thsreanouta. 

Nir William Parkyns was to furnish five 
liMiaaa, whereof ibraa of Itan wara in hn 
UMlii by Mm aT Un #w piffUhif | Ai» 



It is true, captain Porter does tell yi 
William Parkyns was not to be one that 
be actually present at the assassination ; 
was to furnish five horses; three of then 
mounted by men of his own providing 
tw o by men that captain Porter was to pi 
And you are told jiositively that captain 1 
at this last meeting, did complain that^ I 
hit horses were fallen lame, and aoqaau 
William i\irkyns with it ; and he prom 
III Ip him to two more by the means i 
liewis that was gentleman of the bone 
loni Feversham. 

Then \ou are told, that sir William Fi 
sent to Sweet to come to town the litis 
bruary, and Sweet i^>mea to town aeoiN 
on Wednesday the l«th of Febmair; «i 
be hail discourse with sir William Pbrli 
bialo^nn; where «r WiUan ttM M 



Wm^mSkj^km 




J&r High Treamu 



b d lflm he intended for biin, tnil 
Ed Mm f« buitie again ; and iviihal 
tofa« teltim to i<»wti the Fmlay fcl- 
d witef Hid i^r(»ovii lo litin^ his h^ir**^.** 
|>« nwotiAfied tbree lini-ses which 
i , -• -7" '♦ he had. The ^r mho 
-.o-*, mid Swewl came 
.-. „ ,„,» ...> luait till SimirdHy. 8ir 
nrfymtftht, he thought to i^o out of 
ftfin^rfumn. tjitt tliil not, hiiL !4aJd till 

I town. 

Aing^tbe hOTBesof 

feP«^kyl]ft v*er4; hrouifht to town 
I BMW wer« <»Mir, and wrre set up 
Mf^^inn in llolborn; Mini it appears 
Leirii fiirn't«hcd one horse; lor there 
|tafi»u)>on the iiccounl of hir Wm. 
^Kid« a roan hor«^ wai* ottf , which 
Hiicraet*huu»e. This ifi proved hy 
'; ndllnt Leuia him^eircame in on 
biheaft^rnomi to iaqiure Ibr&ir Wm, 
; b»jt he wan ^iie, and the horses 
raj", and h** once came with sir 
|)fn% Uk the inn. These are cir- 
ili> < rinrur w^fth and confirtn 
- fsonccrniug the |>n}- 

iciiUr of captaiu 

- the comrnisHioei 

, wliieli t> ii'^mnrkahlt?: it was 

a«krd Ch;irn4H.'k whether he 

iiin : lie sai<i» No, hut sir 

: and sir Wno. Parkyns 

as tlicy were siltinn^ by 

ler he had seen ttie oom- 

* " ^' ' 1 1 .' answered, 

>\ and it TV as 

. uui. i..,.j«j ; and thai 

► make vnr upon the 

..i ;.iug', who was called in 

L9 ynii may si4M>ose, the 

^ tbftt, geiithMnen, ns lo 

Wtfiiiialing ihektni^, and of 

y i»hidi vraa oiiderstood by them 

f^n%p.y thifl 16 the sum and ^wh- 

^*8 evidcne^?, w nttendeit with 

by itiese cirf?aniiitauoe8, as yuu 

wit»f*x«« Sweet, who wag 

of sir William I'arkyiM, 

"■ last he iras 

'S il*^t the 

i> hi' uiMirrslond to he 

He aitked sir William 

\^ it? aud he fcaid, He 

Ifvr tl; and that \m irmn» con- 



'■ ^'- ^, He 

^ anil he did i^ 

wn^in Jatjuarv, 

itirr, Th^y 

iijd I he next 

tvfnit with 

'ii'jli, and a 

"^" «>t Y-rknijire: aud 



Mytn 



•rt kt Mid, He founll all 



A. D. 1699. tlW 

thereto be Terv well ; and the west was as wett 
inclined to the king's intei e«it as the north ; and 
a herd's brothei- wasconeerned. 

Tiien in the next plncc you are tohl, That 
at Michaeltnas last Mr. Cbarnock did write a 
letter to one Haywood, who had nnarncHl his 
sjfiier, and llvtd near sir William Psrkyns in 
WHrwiekshire, to desire him to receive *ome 
sfoeds into bis house that were to come from 
sir William Parky ns's, and lay them up terr 
carefully ; for they were? eboice ifoods, whicft 
sir William durst not leave in his ow^n hoiraov 
berauAe he had left it. And accordiuiily there 
wer«? lb CSC bojces and chests sent to lla^ wood*9, 
and receiired by him into hi«i house, where they 
continued till the latter end otrebruury. Hay- 
wood about th(& lime, when the destg'ii of the 
As«iasfii nation was on foot, met t\ith sir Williaoi 
Parkynsin town, an*! asked him how he would 
dispone of those gfoods ? TherRiijjon sir William 
Parkyns sent hi^ servant ioto the country ; and 
notice was {*iven on Ash-Wednt^sday, the Wed- 
nesday after the 6r8t proelamntion that i^ued 
upon the discovery of this conspiracy, that 
i\wsii i^oods should beremovetl : and a man, in 
the evening, went to Haywood** bouse with k 
cart and horses, and removed these chests; 
they were three in number ; and li^iSL hemj» 
opened, there were eight le^iser ones taken uut^ 
and carried away about nine or ten oViock at 
night to sir Wifliam Parky ns':^ house in W»r« 
wiekshire, where they were buried in tin* 
garden, and afltrward weru dugf u]i ; whicit 
was at the searching' sir William's liouj^ upun 
the bieakintrout of the plot; and when they 
were ojirned, it did appear what sort of go<wis 
they w ore : they were arms, a considerable 
fjuautiiv of ibeni ; four dozen of Kwonb with- 
out hills, twenty*<iTe pair of pistols^ and m 
grcJit number of carbines, th'rrt) -two as 1 re* 
meiiiber^ and a puree! of hills packed up in a 
box by ihcmpelves. This, grenilemen, is swora 
to you by the persons that were present at the 
dig-jjingf them up, and opening' the boxes. ^ 

Then, gfentlemeu, you are told, That ibou^h 
sir William Paikyns pretends Tnc*' were arms 
ihst he found in the house when t^e came \\x\* 
thcr, yet they were not old msty art>is^ as ha 
pratends, but they were very brig^bt, aud Irt fbf 
uw and service. 

There is one ctrcumstaBce ntofe that /jem^ 
to affect sir Williawi Parkyns, ab^ut the besi- 
ncM'^ of the assassination ; and that is prced 
by Eubank, bir WiJlium's own servant. There 
was a note seat upon tSuturday, the 22d of 
February in the morning ^ to one Brown at 
KenBing"tont by sir William Parky ns's man ; 
aod this Brown writ in the servant'^ Almanack, 
that he would be in town himself in a little 
time^ iind bid bim carry it lo a man that lodged 
at a confectioner's over as^ainst Gray's-inn gate 
in Holkirn: sir WlUiatn Parky n'i's man ac- 
cordingly goes to this confectioner's, and 
S[M'akii with the person there that he was di- 
rected to ^ri to J and he says he was a ^k;otch• 
man^ and talked broad like a Scotchman, and 
he bid bioi go aud idl Itit lutster^ tbtt h^ 

K 



\st] 



8 WILLIAM IIL 



Trial of Sir WilHam Parhym^ 



and 



would stay within for him till be came 
he did accordingly. 

Gentiemen, This is the sum and substance 
of the evidence that is iciTen against sir Wm. 
Parkyns. Now you are to consider what sir 
Wiltam says for himself: he does admit, and 
agree. That what Porter says is very positive 
and full ; but that is but the eridence of one 
witness : for, sa^s be, by the law no person 
^oght to be convicted €f h*igh'treason upon the 
testimony of one witness* As to the matter of 
bw be is in the right : no man ought to be 
CDovicteil of treaMHi uikmi tbe testimony of a 
single i«itnc58. * Now, nrst Suppose the desic^n 
to assassinate the king had not been proved ; 
consider then whrtlier there be not two wit- 
nesses besides. Porter proves, that Chamock 
was sent into Fiance, by sir William Parkyns, 
and others, upon that errand ; to uhich, if you 
add the testimony of Sweet, that swears, that 
air William Parlivns told him the king would 
come, antl he hail a troop, and had bought sad- 
dles ; and what is said concerning his going 
;nto Leiccsterahire, and his having a quantity 
fii arms : if all which be understood in pur- 
suance of the design against his present ma- - 
jesty, then there arc at least two witnesses of 
several overt acts of tbe same treason. 

For, gentlemen, I must tell vou, though 
there had heeii no evidence ui a design to as- 
sassinate the king, but the desigti and purpo^^e 
bad t»ern tu dcpuse him, and set the late king 
upon the throne, or join with a force to invade 
the realm, that is high-trcasitH within the sta- 
tute of 25 £dw. 3, as bt-iiig a designing the 
death and destruction of the king. Tliere hath 
been a full proof by two witnesses, if what 
Sweet, and the other witnesses besides Porter 
say, tu pro\e sir Wdliam Parkyns to he con- 
oerncil in that design, which shall be consi- 
dered further of by^aiid bye. 

Unt in the next place, suppose that the 
me(*tings at the King's- Head in Leadenhall* 
street, and at Mounijnv's, had iu>t been proved ; 
but Vie desi^-ii to aNsassinute the king is proved 
by one \« itncbs, and the providing men and 
arms to fi^iU against him is proved by one 
other witness ; this is a pmuf of the same trea- 
son : for though the overt acts be several, vet 
thev both tend to the same end, the distinction 
of ilie king, thouuh in a different manner ; and 
though the law requires two \^ itni'ssc>s to the 
same sort of treason, yet it does not require twu 
witnesses to any uu« overt act. For if one wit- 
ness prove one overt act ai one time, and ano- 
ther witness prove another o^ertaot at ano- 
ther time, these are two witne^syeK within the 
meaning of the law ; and so it liaN been always 
practised, and never denied to be law that I 
ku.iw of. 

Besides, it is oliScTvaldo upon tlii« ]H)int, 
ivhich my brother has inintioiiid, that t hit in* w 
act of parliaiiieut, which dot's not yi t lake tf- 
fect, provides, that there shall he riilu r twu 
witnesses to one overt art, or one uitiuas lu 
one, and another to another of thu aaiiir s|i«eimi 
•f treason} and you bnftthad tbvopimuB ol 



all of us now that are here, that tbett are 
acts of one and the same species of treaso 

Bnt then sir William Parkyns objects, 
Sweet does not prove any overt act. N* 
that, you are to consider'tlie force of 8 
evidence, who tells you the discourse 
William Parkyns, ab<»utChiistmas last, 
king's comiog, of bis saddles, and of hk 
consisting of old soldiers, and volunteer 
were old officers. But says sir Wm. Pai 
this is only words, and words are not tr> 
But then oonsider, that they are word 
relate to acts and tJiiugs. You hear be 
great quantity of arms, beyond what be 
private man, could have occasion for, or 
use. He does not uive you any accona 
he was to ilo with those arms, or to whs 
pose he sliould keep them, nor why he 
them to be removed in the night, aftn 
had lain privately in Haywood's bona 
caused them to 'be carried back to b 
house, and buried them in the ground,, 
such a time when there was a plot, wm 
the plot was discovered, and a prodamaB 
for his own apprehension. 

Sir William Parkyns's disooorse with, 
of king James's coming, and .bis troo 
sisting of such men, plainly shews wh< 
anns were for. For, gentlemen, meK 
courses and tlieir woitls explain their «• 
and an indifferent action in itself mky 
explained by words, that it will be noi 
It is lawful for a man to buy a pistol ; I 
vskn be plainly proved fron; bis wonbi 
s|>eerbrs, that tbe design of buying it i 
use it against the person or lite of tbe 
that willbe an overt act. Now, vi ben stl 
Parkyns said, The late king would oon 
that he had a troop which consisted of 
soldiers ; then these arms being found i 
manner, I must leave to your considc 
whether it is not a proof, for uhat purp 
did provide them, and to what use he bl 
to put thi'in ; especially since he gives i 
account, uhat use or occasion he l^d for 
He says, indeed, he found them in tbe 
two ^ears ago ; how probable tliat is, yo 
consider. 

Then there is another thing, his goin 
Leicestershire witli Scudamore, and bis 
iug there with Yarborough and other pe< 
that private and hasty manner. He wi 
on the Thui-sday, and came home agaii 
Monday ni^rht ; and then he meets with 1 
and tells him that all was well ; and tbi 
was as well inclined to the king's intercil 
North. What king must he mean? fl 
no commission from king William to | 
I^icestershire to discourse with people, 
how they xtomi affected to bis interest, 
loinca uiul tdls vou, tliat when sir ^ 
I*arkyu8 N|N>ke of the king, he undents 
meant king Jamca. 1 must leave it « 
coiiiinlcration, Imw you will interunt 
wonls. 

Iitiirw.gwtlemen.ititnotfiitbem 
btujfiiniMaorfbmdt 



I 



US} Jor High Treasoiu 

i iDin^f wnrds or actions, wbeo he is trteil for 
Jiis lile. You ought to \\h^e a lull am) s^iti^- 
hctaitj etidcQce U* convince von, tliul lie is 
nHty, before you pronounce liiiii so ; Ikii, 
Kowtrer, you are to cooAidf^r ibe naiure of 
ibitig^, Slid the eircuinstanccb lUat attend tliem. 
If \»Mi i-.ju vu|ifKi»e that lie went intf> Lt?icesier- 
kiiur to kini: NV illiam*s frieufk, ami that he wns 
I op nn, the West was a^i frell affected to 
hr<^ \\ ii;i«iai as the North ; then you make a 
Ufrrttt cointtmction from Hwe»^t^ who tells 

rl» tiiAi always when he spake of the king, 
OQilerstood it of kini^ Jame^; nod ul Chrm- 
Ais^ when he spoke of the kiu^^s crmMii|>;i it 
ttnal be meant kin^ James ; fm kiuj; H iSliain 
«ii ber« iHffofv, and he preteuttH not he h^d 
my autbority to raise a troop forking- WiUiam. 
60 that, gentletnen, 1 inuRt leave it to you 

2 m the whde matter; if you are nalislied, 
titr Wil'iQin PjLrkyns is g-uilty of the tnat- 
Unffwliicb he standii charged, you will tind 
Vtfa^l^ ; you have heard the evidence, nnd 
wilooosider of tt; and if, upon the trhol«.v, yoii 
■« Mt feaLuHcd that he is gudty of the nuiiers 
cbmed itt ibb inJictwent, then you are to ac- 
fDtitm. 

IWa fto ofltcer beb;^ sworn to keep the Jury 
leeorliim to custom, tbey witlidrew to constiler 
oCtbor Tmiict, and in less tliun half an hour 
miimeil iota couii. 

CL^Ar* Gentlemen of the Jury, answer to 
}^iiritti»a. William Xorthey — '-^ 
%f, Kort/tcy* Here. (And so of the rest ) 
CLtfAr, GeatleineOf aj-e yoti all o^eetl on 
)««ri«fdicl? — Jury. Yes. 
11 ^Ar. W ho shall say for yon ? 
huj. Out tbreniau. 

Cl^ffAr, Sir VViiUam Parky ns, hold up thy 
ia4 nVbich he did.] I^<jk upon the pri- 
kom fsmy ye, is be Guihy of the hii^h- 
M^bereof be stands intlicit^d, or Not 
€l«tf^,-^Forri«Miif- Guilty, my h>rd« 
C^ v/Ar, VVIiiit (/ooda or chattels^ lands op 
hail he at the time of the hij^'h- 
oommilted, or ut any titne siuee ? 
Tm r t m m rt. Nune^to our knowledge. 
X. C J. Jailor, look to him, he is found 
f adty of high treason. 

CL of Ar. Then hearken to your venlict as 
the tmiri has recorded it. You say that sir 
Williaia Parky us is guilty of the high-treason 
wbrceof be stands indicted, but that he had no 
I^Qods or chattels^ lands or tenentenl^, at the 
Hmeoflbc high treason com mitt etl» oral any 
^lae since, to v our knowledge, and so vou say 
aU'—Ary. Ves. 

CiuOfjir. Gentlemen^ the court discharges 
|«ii, and tbaiiks yuu for your service. 

Wbik! the Jury was withdrawn to consider 
of the rcrdict, sir John Fiemil was broutrht 
fttm Newgate to the Lar^ in order to his being 
ClM to Jv»dgtiieot, and after the verdict, be 
Mnu ^ himself to tlie court tbu» : 

Iftind, My lord, I humbly beseech your 
«bHibi^ to ^ve me leave to read tbii Pitpcr* 




A. D. 1696* [1S4 

(To which the Court gave n^; answer.) 

Frcind, My Lord, will your luidshipgive m« 
lea) e to read it P 

L. C. J. Ay, if you will. 

Frdftd, (Ue'ntl*!.) My lord, Ihnmhljmovein 
arrest of judg^ment, Ihiit I am not convieied of 
treason liy two w itnesses, as i ought Ut liave 
been within the statute of the 25th of Edtv. 5 : 
tor Mr. Porter swears. That 1, with others, in 
May or June last, sent to the French king to 
invade England ; he is the only (Witness to that 
matter, Mr. Bbir swears, That I sljeived him 
a commission in 8urrey- street, about two years 
E»inoe, sitjoed by king James, and cntnter- 
Bit^^ncil MeUbrd^ to he a colonel of horge, and 
that 1 gave him some mouiea for the cherish- 
ing of Llie men. My lord, here is no levying 
of war t(\vom by Mr. Blair; and consfiiring to 
levy war not being treason, I am convicted by 
one witness, and therefore I pray coyosel may 
be assijpfnrd mp, to plead thiti matier. 

L. C. J. !Sir John Preind, that which you 
move now is not in dVresl of judgment ; it 'm 
matter that di>es arise uj»on ihn ciidence, and 
what yuu now &ay, arraigns the verdict, and 
the prr»ceeiliiigs upon your trial There were 
two witm sses agamtit you^ that m plain. You 
were not indicted tor levYing war, but for com- 
passing and imnjiri'iin? *l*«i death of the king ; 
and we told yon the design of the invasion, and 
c< inspiring to depose the f»re»ent king* und rc- 
storc' the late king^ was an o\ ert act of that 
hi^h treason. The romuiissi^jn waK not so 
much stood U|JOnj but the advancing; monies 
U]H»n ibis account, to Bliiiryour Ueu tenant co* 
lone], to give to th« men, that wna a pldiu overt 
act, and oo there were certainly two witnesses 
against you. 

Fr^md. Ms lord, I hope 1 can clear myself: 
1 thank God, 1 am as innocent as the child un> 
bom, of the assus^in action uf the king. 1 ivould 
not have the peupLe think that I am such a 
man. 

X. C\ J. But you remember, it was sworn 
you knew of it, and we hai e told yon, that the 
design of restoring the late king by force, and 
de|ioi»iog itte king, are overt acts of luiaginiog 
his ileath, if such an intention be provod^ a^ it 
was in your ease, and die jury havo found 

it so. 

Freiad* My lord, I humbly beseech yoti, 

because t do not understand matter of law, and 
am advised to move thi£ in an'est of judt^ment ; 
I desire my counsel may be tieard to it. 

L, C.J. VVe cannot hear counsel, but upon 



upn 
iVe 



is, the indictnieiii. We cannot enter into any 
examination of this matter ihut you now speak 
of, vou had a long trial yesterday. 

Frt:ind. .^ly liird, 1 am sorry to give yottr 
lordiihip any occasion ot' double; but 1 hum- 
bly he&eech yon, if it may be, that I may be 
heard by my couuHel, for the satistitctEon of 
the world ; pray, my loid^ hear M^bat they can 
s*y. 

L. C* X They cannot say any thing ; 00 
coutisel m the worM thai Lmdersund Ibeu- 



I 1»] 



8 WILLIAM in. 



I 



I 



Trial nf Sir WUUam PnrHyfis, [ 

miUen, c«ti annw tiny t!iin(f ii^iiinst wh«t h«s leant silting with the rest of tbtf cAmi upon 
been so (>(i«n willed and always practised* wjocb, pronounced the scntcoce. 

Freiud. My Innh if it be to^be granted, I br- | 

leh vour lnrdNUi{t tii i^innl it^ 

L, CX ll cannot he g-rantetl ; besideft, the 
matier ytut now move UjM>n is imprn|H'r ; n wn* 
all rnnsidered upon your tnal. It was tokl 
you, we tlid all a^jree. that a oompiracy u\ levy 
wj * * . 

(b 

ftl your trtjil, and that U miw ut ti% 

Far ky fit. My lord, if yonr loriUhi[j f»leaiieK) 
I desire 1 may have the hb^ity of fome frieuda 
mill re)dtions« and a minister to dwne to me. 

L, C\ J. Yc8« yen, by nil jneans, 



Com, Serj. You tlie priaonem aV the 
fir John Fiernd and inr William Pnr' ' ■ ' 
hafe been indicted lor high-trpas - 
paasin£r the d^ath anddesirtietion < 
for your trial, ytiu have pot yourself I 



ar to depose tlK' king la treason; or to invade ^^^/^^^'^iTy' '''}''^' ^^'^^^^V'^ ^^ '^^ 
.ermlm is tr-.is«n. All this ^a» lioosidcrea . ^^^'**>'^ ^^J? ,^*^'^<^« *^ **^« (?rcale5t tn 

judgpient ot the law l hat a man can com 
and it is Justly and ri^asoaably tm. For r 
l»ery and (uunter are injuries to prUaie 
bttt compa^iny^ the death of ihc l^ing^, ii 
pa.'^iinjk^ the dt^strurtion of the father of y 

aoc 



Farki/u,. If yJur lordship pleai*es, thatlluv | *^"»>*'*.V, and letyng in rapine, death 
i«v^,,m« »«.! i,* ..«»«.„ „.:iL „.„ \.^,i ...«:. fiolatioa uimo thousands of ncoidc. 



may come and be private willi rae, and |»ray 
let rnc have a rule of court for it, olherwiae l 
aball not havo any benefit of it* 

L, C, J. Yes, ye«, it is very fit yon shauld 
have it ; there %hall be an order of eSnrt for it ; 
•6e that the keep^-r take care tt he done i» itb 
calety. 

ftetnd. My lord, I desire tlie same rd>eHy 
of a minister, and my relf:tio[is and friends to 
cofnr to ine ; that for w bat lime I biire to live, 
1 may niakn ihe best use I can of it for my 
Boult which I hopeGoil will enable me to do. 

The Cotirt was adjourned until five oVlock 
on the ilUrnoon, and aboiit six the justices re- 
lornt^l, and th«^ court was rej»umcd, 

Ci.of'Jr, S^l rJr Jr»hti Freiud lo the bar: 
(wbich was do;."-**) Sir J<Au\ Fuind^ hold up 
thy band, (which he did.) Tlu»n siiindesi roo^ 
victed ot hit'-h-ireiison, for tiailoiously fjrn- 
passing' nnd imagifuijj; the death of oni so- 
Tereigij lord king Willwm tne 3rd. What 
canst thou say for thyself why lliecoyrt should 
not gife thee judgment accoi'ding to the law ? 

Then belng^ made io kneeli he afterwards 

stood up, 

Freind, I have said already, what I have to 

any in arrest of judgment. 

dnu. Strj, 8ir, yon httie heawJ the juds^. 
tnent of the rourt, as to what joii have said ; 
if ymi have rjo thing else to offer, the court 
must proceed to jud;T;ment. 

CI of Ar. for Middlesex. Sir William Pnr- 
kyn^, toldupihy band, (which he did). Tbon 
standest convi* t<,d of hi j^h-treasiou in rumpnss- 
in^' and imagininij: the death of the kiugr, and 
adheringf t^i the Icin^^'-'g ^n^i^it^s, Wbatcan^i 
thou »ay for thyself, ivhy the court should not 
fTive thee judtfoieni to 'die, accordiDg^ Io the 

He was made to kneels and rise up again. 

Fnrkyn^. I have iiothingr more to offer. 

C7. t^f Ar* Then, cryer, make proelamation. 

Crycr, O yes; all manner of jiersons nre 
coiumaniled to keep tsilence, while judgment is 
io ^iviiig^, upon pain of imprisonment. 

Which Proclamation was made on both 
•ides ike ootitt i and iheti Ui\ Coniinan 2fer- 




pco[de. .ind < 
this, the liemonsest of offr K^es, is Ca|mbl4 
ap.;ruvatton ; for there have hcuii always < 
cufae$, and sninetimes justifications for 
lion: and as to murifer and private re veil 
ihcre nmy be somewhat said iu mitigation fr 
ibe violence of men*s passions. But to 
and conspire, and eousultf and debate the 
struction of a prince; no man yei ever had 
confidence to muke an excuse for it. 1 wo 
nol add to your uffhction ; 1 am f^^isihle of! 
severe jndiirnient that is io fothiw, ^nd 
you ha»ebron!^bl upon yonrsclvrjt, and 
but oity ym\ for the irrear burden of ^uiU ^ 
yon have laid yomselvt"^ umler. 1 onlv say 
to offer it to your serious contfdf ration, in 
few momcuis you have to prepare for aooi 
wui Id, nod another jud^i ment. Ail thmt 
lor me, is to pruui>uuce the jud^iitent of 
law in theiie cases, and the court does^ awin 

' That you^ and ench of you, i(o hack 10 

* place from whcnte you came, and from tkt 
' oe drawn o'^i n hurdle to the place of execiit 
' wliere you f.hall be si^vcrally haD|(e4 vp 
^ the neck, and out downalire; \our boi 

* shall U-npfrtdnpen, your privy members 
*of), yuuf hiH^ek taken out and burnt lid 
» your iinea ; your headii shall tie sevt^red fi 
' your bodies, your bodies rei|ierli)ely to 

* dividcil into iburipiarters, and your beads 

* quariei-s are In lie at the dispoiial oi the ki 
*" and the Lord have mercy upon your souliJ 

Then the prisooers were cairied bftdl 
Newgate, 



On Friday, April 3, 1696, sir John Frel 

and sir William Parky us were drawn on sledg 
from Newgale Io T} burn, where they dehv^^ 
the Ibllowiug Papet-s to the Usheriffs : 

Sift John Frkind's Paper* 

Knowing ihat I muftt immediately gifa 
account to God of all my actiooii, and thai 
ought to be specially careful of wlial 1 sa/ 
these last hours, I do solemnly profeaa, 
what I here deliver is from my very soul^ 
all the heartinesa and sincerity of a dji 
ChrEMtan. 

The catiae 1 am brought hiUier to tuflor A 






fifr High Tremon. 

to he fi»r caua« of OotJ and 
tD tiic b*»5t and utritost of 
)tAfpt anil inlbrtnatrofi, ti}{;^rei'abie ta 
^ *i# l«n<l, whif'li I hive eifcniiore 
A tinii ihiljr antl »ille;;iaiice lo 
*fw! th?it ii& no t'oiet^u, so n*?!- 
► T can alieobu- our uli**- 
.. cilitf new &i)d uniotcU 
il4f kiri^V liuUjects can de- 
# hii« ill! Huy HCi'uunit i»r con- 
not ttti iiiiriteiliutt: riyfiil in 
lit, 1 think, not to if a lit in ; 
lue, toa^^kt luin tn the 
is jiisUtiiiljte, unit our 
tiujfs fimy BiH'in at jtr«?- 
icve, I »tfi *iurt* r lieai'lil V |>i ay, 
iUy reiitored to liis rigtuhii 
in*. 

len descent of his majesty 

ddmiuioiiB, in order to the re- 

I dcdjire \ hud no certain 

nor €;iii I tell >» hut t<i'*>i*n^^>» 

iUeve it, so httle reason had ] to 

rr^pttriilioii for it. 1 §uppc»!^ it 
HliotiliJ h«ri? endeafoiir to clear 
Ana»an»iinu, which vi^as not the 
agtttnst m«; howeifr, it was 
;b what ttKMins I know not, 
to my cit^advftntage, I for- 
tU^rein UiSLrumuntJil; and! 
e very hoiiom iS my smil, freely 
'1^ of liod to (lo^NOtoo, nuchas 
\wm%% aci^wary toiftards thtt Ukln^ 
mUwii 1 really look upon to be 

more than mine, 
%e\\\ and i thank Clod I am so, 
i'liiirch of En|<hitu|, thun^h, 
■t unworthy and ui)|iro(3uihle 
«f that church ivhiidi siiflers so 
*tnl for a %%t\vX adli^retioe to by- 
lt«« aati C)hri<)iinD }irin^{>le» ^ ^br 
and fortius t die. 

% [lerfeet chrtiity f^r p#*ople 
aod do heitrtdy wish vi-elt, 
ur to do flo to all my fellow- 
at per«ua«iou Huevifr. And in- 
A deal *»f opng^ht* 
ne f>eo|de of I'cry 
•jMti;^"" ... ,^..„v*-.,^ m.uiers. 

ad d#^ire it may not he taken aii 

censure, or undue reflection, 

to the Utility i»f popish evi 

If iacd «o to do lor my Ifetter se- 

founiUliou of a fttatuie taw. 

mynelf a member of the 
laod, 1 ttiunt take \\\i% nppor- 
il for (t«id*«« 0ory, to apply 
l&atarri- r that church, 

taiih J , k^ with ruy- 

of yri4j, iiii ijni" «.ike, and the 
ila^ lo In? frry cunslaot and se- 
itt nl ^ gi m ia olScea, and htdy ituties^ of 
llki|l«ni Mi^ice, which I liave too 
di» aa I own to my ^reat Atrrrow : 
tm daniiFnra* prevent or hinder 
i iMeiMary and ftrrious matters ; 
kci j9^ vtry card'ol and cir- 



A.0. lG9e. [1S8 

cumspect in all your actknis, behaviour^ an^ ^ 
coil verbal ion, aa 1 earue^illy extiorieil all that \ 
came to me. 

1 have, i thank God^ a threat deal of satiftfac* 
tiow in my present HU(rt'nD»ja, iwnA have tbunil \ 
itao evert»ince 1 hai^e been onder tht?m : Anti < 
blei»«ed be God it doih cuotmn.dly iucreafv 
upon me. Aod i do now lay down my life with 
all cheeifidnesa and rebi^^otilion, in sure anil | 
certain hope of a retiinrfcttoo lo eterinil life, 
through our Lord Jestis Christ, through whoa* 1 
merits alone i hope for the pardon of my ains^ 
and the sahation of my souK • i 

And so, U Lord 1 inlo thy hands I comtnen^* 
my sjiirK ; Cor tliou hast re*keu»ed me, G.^ 
Lord i thou God of Uw\\\ \ 

And 1 do heartily aud humbly lieseeeh lh#. 
Almighty Gmt, and my most gnieioua Fathef^ 
to for^^ive and bie&4 this amfol natioti \ dehvep I 
it Jroni the jfuittof relwtlioii, blood, and perjury, 
thiit i^ now oi» all suk-:^ more than ever, auti 
frinn all those other heinous sina which cry 
aloud. Prcsene ft ml hfesa this Church. Com- 
fort our di8tlc^^sed kinijj" ; restore him to hit I 
ri^ht, and his niiHed subjects to their allegi- 
ance : hieas aUo his royal consort, our g^racioti^ 
queen Mary j \m royal lii^hne&s the prince «<f* 
Wales, that he may grow in stature, and iq 
favour with God mid man; sup|H>rt auj^ 
streijg-then all those thatijuliei' in any kind for a 
(food cause; give them patienee under all I 
I heir affiicliim^, and a happy deliverance out o#] 
them. Forgive alf mine eneiuti^s. 

PuiiJon u^y former jie^lecl and temissneiiM ti 
religious worship, and holy dutifs, and all tha ' 
sinf 1 hitve hern ^oilty oftolhi$i very inomenL 
CotisidtT my coiitritioD, accept my icars ; an4 
now thou art pleased to lake me hcnee, tiikcme ' 
into thy favour, and grant ihut my soul may be ' 
^vilboul s[m% prespuied unto llice, throng^h the ' 
meriU of thy most dearly beloved Son, Jeaui 
Chiist our Lord. Amcn^ John FftEiND. 

8ia Wri^UAM Parkyn&'s Paper. 

It h'4ih nol l>eett my custom lo use many word% i 

and I slull not be \m\f^ upon this occasion^ 
biiving btisiue^s of much ;;reater conaetiuenc© 
to fmploy my thought* upon. 1 thank fiod [ 
am now in a \\\\\ di»po«:ti >n to charily, and 
thri'etbre shall mAi^ no com idnints, either of] 
the liard!»hi|ifi of my trial, or any other I 
rigours put ujwn me. However, one circnTii^ i 
Btaoce t think myself obliged to Liioutioti, ft- 
wai !»w«^irfi again'it me by Mr. J^'ortcr, tbol | 
hud tH« ntil to him I b%l 1 had iien and read a 
cotunui>>.ion from tbo kmg to levy wo« upcm ^ 
the person of the prince of Orange, Now, I 
must tleclare, thai the tenonr ol the king'f ^ 
commiMion, %vhich I saw* was general, and ' 
directed to all his loving suh^iects, to raise and 
levy war against the prince of Orange, and hit 
ailhii'entH; and to seize all forts, caailes, ^c, 
which, 1 suppose, may be a customary form 
of giving authority to make war ; but I must 
cord'ciifi 1 am uot much acqnaintetl with mattert J 
oi that nature: but as for any conimiaiioti pai^ ^ 



fis9] 



8 WILLIAM 



I ^enlarly leTetlcd against ibe person of Ibc 
[ prince ol' Orftiigej 1 u^itlier saw oor hctird of 
I may sucb. 

It i$ ime, I was )>i-iv3'-to tbe d«9ig^ti upon Ike 
I Prince, hiu waA nutlu «ct in it ; and am fully 
^sattsIieJ ttiat very few, or none) knew of it t>ut 
those who ufiiferuKik tc» do it. 

I freely atknowicflpt*, and think il for my 
rlioiioor to say » lliul 1 was entirely in ihe ii]i«re.<rt 
|i>f the king, h^iti^ altrav^ firmly pcrsnaded of 
fthejnstice of bis cause*; nud I'lookei) npon ii 
I BR my dnty « both as a «ul ject, and an English* 
I suan, to ^humi hhu in tlie recovery of bis Ibrone, 




Trial of Amhro$e 



wbicb I believe bim to be deprived ofcr>nti 
to iill lig^ht and jutitice ; taking tbe lawt 
con&tituiiunif i^f my cHJuntry lor my guide. 

As liir n lt£;ion, J Ji«e in the commnuinn 01 
tbecbnn:b orEngUnd^ m \tbicb I H'aseducalifl 

And ns 1 freely foiijpive all tbu world, m wb^ 
crer I may any ways bare iujured, 1 b 
ask tbeai pardon, Wilua.m P«\aEVjK 

Jeremy Culberf a Nonjurin^ Minii 
piibliul V absolved tbe in at tbe $^alIowa, I 
wb it'll tliey were executed acix>rdii»g to I 
seuience. 



J8G* The Trial of Ambrose RookwooDj for High Treason : At 
Sessions of Oyer and Terminer for the County of iMiddk: 
sitting in the Court of King's-Bench at W^almiosl 
8 William III. a. dv I696- 



. HE Court h^tmq sat, at wbit-li were present 

the lord t biff ju^irice Holt, tbe lord ekief juslice 
Trebv, Mr. justice Nevil, Mr. justice Powell, 
Hiul Mr, jnstir:e Eyre ; tbe Court proceeded in 
IbiH manntT : 

CL ofAr. Cryer, make proclamaiion. 

Ctyer. Oyez^ oyez, oyez : All manner of 
persons ibtil buve mly ihin*^ more to do, at tliis 
Sessions of Oyer and Terminer, bolden for tbe 
counlv of Mialdlesex, itruu^ near and give your 
MtenJanoe. God save the kiug^* 

Tben tbe Grand Jury were called over, and 
tbe a |iuea ranees marked, and witnusaes beiag 
Bworo rn court, to give evidence to them upon 
a bill of indictment ag^ainst Alexander Knijarht- 
ley, ibey in a little lime ailer wiibdrew to bear 
ibe cvi deuce. 

Then ll»e keeper of New^te was ordered to 
bring- his jirisoiiers to tbe liar, (which he did) ; 
to wit, Robert Loivick, Ambrose Ilookwood, 
and Charles Cranburne; who were thus ar- 
rajgued: 

€f* 0fAr. Robert Lowick, bold up thy hand, 
(which be did) ; Ambrose Hook wood, bold np 
thy hautl. (which be didj j Charles Cranburne, 
hold up thy hand, (Hincb be did.) 

You stand indicttnl in the connty of Middle- 
sex, by the names of Robert Lowick of tbe 
parish of St, Paul Corcnt-^anleo, in tbe<x>nnty 
of Middlesex^ gentleman ; Ambroae Rook wood 
of Ibe fiume parish, gfeotleman ; and Charles 
Cranburne of the same parish and county, yeo- 
man ; for that you, to^ethtjr with one Christo- 
pher Knighlley, of tbe same parigb and coun- 
ty, genlieman, not yet taken ; not having tbe 
I ear of God in your hearts, nor weighing tbe 

• See Holt, 633, Easi'a Pleas of the Crown, 
c. 2, «. 7. 16* 48, 49, 50, S?, and tbe autho- 
iTitief there cited. See, also, in this Coftcciion, 
the Trials of the Regicides^ reL 3, p* 947, 




duty of your allegiance, but beini^f moved 
reduced hy the instigation of the devil, as 
tmitorit against the utust serene, intist Mil 
oua, most clement, and most excellent _ 
our sovereign lord WiMiamthe 3d, by ihe^ 
of God, king of England, Scolhnd, Fraix* 
Ireland, dttender of the fiutb, &cc. yooj' 
pre me, true, Tig-htful, lawful, and uodoiil 
lord, the cordial luve, atnl true and due i 
die nee, fidelity and atlemance, wtiicti ef 
suliject of our said lord me king that now i« 
towards him our said bird the king e^hould 
and id right ought to bear, witbdrawiii|r, 
iiiterly to exlingnish^ iuiendioi^ aud con 
aud with all your strength resolving, 
ing, and conn pi ring the govern meut #r 
kingdom of Eugbnd, under him oui* 
vereign lonl the king that now is, of 
duly, bajiptly, and well estuhliahed, at 
to subvert, ebauge, and alter, %& also oiir 

I lord the king to dealb aud tinal d 
tmt aud bring, and kis faithful suhy 
freemen of this kingdona oi' England, 
terable and most mi*»eruble t>ervjtude to Li 
tbe French kiii^ to subjugate and iuthral, 
lOtb day of February, in the seventh year 
the reign of our said Hovereitcn lord ttle ki 
that now is, and divers other days and times 
well before a^j alter, at the ptirinb of 8t. P| 
Coveot*£Tarden, aforei»aid, )u the county i 

I saiti, falsely, maliciously, devdi&hly, and 

I tonmsry, did com[>a&s, inmgine, and ooulrij 
resolve, design, and intend, our baid lord 
king thai now ist, to kill, slay, and murder, 
a miserable shiiigbter auKiug the faithful % 

jecta of our snid lord the kmg, throughout 
whole khigdom of England, to make ;ind cii 
and the Huine your most impious, wicked, 
devilish treasons, nud traitorous compi 
eonlrivanrcs, and purposes aforesaid, to fi 
perfect, and bring lo effect, you tbe said Rod 
Lowick, Ambrose Rook wood, and Chi 
CraQburne^ tojj^ther with tbe satd Cbristo^ 



jects,! 




Jbf High Treasort^^ 

, mmi werj many otber false traitors, 
rs unkiMmii, afterwards, to wit, tbe 
4mj of Feb. iu tbe year abovesaid, at 
afuresaid, in tbe county aforesaid, 
oibers days and times, as well be- 
sr, tbere and elsewhere in tbe same 
bielY, malidousljr, advisedly, secret- 
namj^ and witb force and arms, did 
poae, treat, consult, consent and 
I our said lord tbe king^ that now is, 
I wait, and gnile, to assassinate, kill 
!r ; and th£ execrable, horrid, and 
assassination and killing the sooner 
, sod perpetrate, afterwards (to wit) 
Isj and year, and divers other days 
at the parish aforesaid, in tbe county 
traitoronsly did treat, prop<ise, and 
tbe ways* manner, and means, and 
ad place, where, when, bow, and in 
ler, our said lord tbe king, so by Iv- 
t, the more easily you might kill ; 
Bsent, a$;nree, and assent, that forty 
or thereabouts, whereof the said 
!r Knigbtley, you tbe said Robert 
Ambrose mokwood, and Charles 
'y sboukl be four ; and erery one of 
foosly took upon himself to be one, 
, mittkets, and pistols, chargfed with 
r and leaden bullets, and witb swords, 
4 otber weapons being armed, should 
, and lie in ambnsb, our said lord the 
I coach beiniif, when be should go 
isvade, and that a certain and com- 
fllier of those men, so armed, should 
begnanlsof our said lord the king* 
fing him, and being with him, and 
bt witb them, and overcome them, 
crs of the same men so armed, our 
ie king should assassinate, slay, kill, 
rr ; and you the said Robert J^wick, 
Etrtokwoud, and Charles Cranhume, 
mb the said Christopher Knigbtley, 
s, and all tbe traitorous intentions, 
uul eontrivances afuresaid, to execute, 
falfil, and bring to effect, afterwards 
be aforesaid lOtli ilay of February, in 
lb year abovesaid, at the parish afore- 
le county aforesaid, divers horses, and 
ij arms, gtms, pistols, swords, rapiers, 
r weapons, ammunition and warlike 
id military instruments, falsely, ma- 
secretly, and traitorously did obtain, 
ler together, and procure, and cause 
gbl, Jitained, gathered together, and 
vidi that intention, then in and about 
tiMe, horrid, and execrable assassina- 
ig, and morder of our said lord the 
BOW b, as sibresaid to be used, em- 
ai bestowed ; and the same premisses 
sifeiy and certainly to execute, dq^ 
m, tbe aforesaid Christopher Knight- 
•se Edward King, late of high trea- 
SBlriviBg and conspiring the death of 
sid tbeliinir that now is, duly con- 
I aUaintcd, by tbe consent and agrec- 
ivcfsoT the traitors and conspirators 
. As nkl 10th dftjr of February, in the 
f 



A. D< icde. 



[Uf 



seventir year abovesaid, went and came to tb« 
place proposed, where such intended assaesina* 
tion, killing, and murder of our said lord tbs 
king by lying in wait, should be done, per- 
formed, and committed, to see, view, and ob- 
serve the convenience and fitness of the same 
place ibr such lying in wait, assassination, and 
Killing, there to be done, performed, and com- 
mitted: and that place being so viewed and 
observed, afterwaras, (to wit) tbe same day 
and year, their observations thereof to several 
of the said traitors and conspirators did relate 
and impart, (to wit) at the parish aforesaid, in 
the county aforesaid: and you the aforesaid 
Charles Cranburne, the same day and year, 
thei«, in order the said execrable, horrid, and 
detestable assassination, and killing of our said 
lord tbe king, by tbe traitors and conspirators 
aforesaid, the more readily and boldly to exe- 
cute, perform, and commit, advisedly, know*' 
ingly, and traitorously did bring and carry be- 
tween divers of those traitors and conspirators, 
forward and backward, from some to others of 
them, a list of the names ofdivers men of those 
who were designed and appointed our said lord 
the king so as aforesaid by lying in wait to kill 
and murder ; against the duty of the allegiancs 
of tlie said Christoplier Knigbtley, you the 
said Robert Lowick, Ambrose Rookwood, and 
Charles Cranburne, and against the peace of 
our said lord the king that now is, his crows 
and dignity, and against tbe form of tbe statute 
in such case made aud provided.' 

How sayest thou, Robert Lowick ? Art thoa 
guilty of the high-treason whereof thou stand- 
est indicted, or not guilty ? 

Lowick. Not guilty. 

CI. of Ar, Culprit, How wilt thou be tried? 

Lorrick, By God and my couutrv. 

CI, of Ar, God send thee good deliverance. 
How sayest thou, Ambrose liook wood? Art 
thou guilty of the high-treason whereof thon 
standest indicted, or not guilty ? 

llool:Tcood, Not guilty. 

CI. of Ar. Culprit, How wilt thou be tried ? 

Rookicood, By God and my country. 

CI. of Ar, God s«?nd thee good deliverance. 
Charles Craohiirne, How sayest thou? Art 
thou guilty of tbe high-treason whereof thou 
standest indicted, or not guilty ? 

Cranburne, Not guilty. 

CI. ofAr. Culprit, ilow wift thon be tried ? 

Cranburne. By God and my country. 

CL ofAr. God send thee gobd deliverance. 

Cranbt&ne. My lord, I desire your lordsbi|» 
would ^rant me the favour for my wife to come 
to me m private, aud that 1 may have pen, ink, 
aud paper. 

L. C. J. (sir John Ho!t). Pen, ink and paper, 
yon must have ; but as to the other, we mnal 
consider of it. KcepiT of Newgate, What has 
been usual in those cases? ?■ 

Keeper, My lord, we let nobody coicSf 1lo 
them in private hut their counsel. 

L, C, J, That's pro%ided for by tbe act that 
allows tbem coansel ; but bas it been usii»l 



tIS] 8 WILLIAM IIL 

lieretofore to permit any body c)«e to be with 
them in private; tlie wife, or any other rela* 
tioDS f'T^tCeeper. It has not. 

L. C,J. It is very dangerooa if it should ; 
therefore let him have his wife oome to him in 
the presence of the kee|ier. 

Cranbume. ,And pen, ink, and paper, I hope, 
my lord ? 

L. C. J. Yes, ves, that you shall have. 

Cranbume, Vuu dun't deny me, my lord, 
that 1 roav have my wife come to me? 

L. C. / No, we do not, but she ronst not 
be in private with you, for fear of an escape. 

Rookw.'od. I beg the same favour, my lord, 
to have my brother come to me, and pen, ink, 
and paper. 

X. C. J. You shall have the same rale \ but 
you, kee|ier, must have especial care whom 
you do [^miit to come to them,- and be private 
with them ; for it is still at your i>eril if any ill 
accident hap)>en8 by.your indulgence to them : 
and yet it iH fit they should have all that is rea- 
snnahle for preparing for their defence at their 
trials. 

Lowick. And I desire, my lord, I may have 
my sister come to me, and the liberty of her 
being in private with me. 

X. C /. Your friends may come to you at 
seasouahle times, in the presence of the keeper ; 
you shall have any thing that is reasonaMe, 
out the safety of the government must be looked 
mftcr. Therefore, keeper ofNewgate, take hack 
your prisoners, and nring them here this day 
i€*nniglit at seven o'clock in the morning, 
without any other order. 

[They staid at the bar about half an hoar, 
the Judges consulting among themselves about 
the precept for the netty jury upon a late act 
of parliament, whicli has appointed six days 
for the jury to be summonea before they ap- 
pear to try any cause, and upon ti>e last Act in 
Relating Trials in Cases of High Treason ; 
which requires tbnt .the prisoner shall have a 
copy of the pannel of the jur^y didy returned, 
at least two days before his trial.] 

Then the Prisoners were carried away, and 
the Grand Jury withdrew to consider of the 
evidence against Knightley, and in a quarter 
«f an hour came back, and being called over, 
delivered in a bill to the court. 

CI. qfAr, Gentlemen, you are content the 
court shall amend matter* of form, or false 
Latin in this indictment, without altering any 
matter of substance without your privity. 

Jury. Yes. 

CI. ofAr. Then, gentlemen, you may go 
for this time; and you are to take notice if 
there be occasion at any time to call you to- 
gether, you shall have suthcient warning given 
to you beforehand. This is Billa Vera against 
Alexander Knightiey for high treason. 

f ihen the Jwlgea resumed the debate among 
themselves, and at last resolved tliat there 
tAouM go three several Venires for the petty 
jwjy rttnmiMe thin day at^imights one to t^ 



7)iial^ Ambrose Rdoknood, 

between the kmg and Robert Lowick» I 
cond to try between the king and Ai 
Rookwood, and a third between the ki 
Charies Cranbume; because, though 
diotment be against them jointly, yet it 
several offence in every one of them, sc 
might sever in their challenges, auti thai 
be troublesome, and therefore it waa t! 
best to sever them in their triab ; and 
fure the court adjourned for an hour or 
thing more, while the precepts for th 
were preparincf, and according to the ai 
ment met, and signed and sealed the pr 
and then adjourned the Sessions of Cly 
Terminer until this day se'nnight, at m 
the morning.] 

Die Martis Vicesimo primo Aprilis, 
Regni Regis Williehni Tertii < 
Annoq; Dom. 1696. 

The court sat about eight o'clock, al 
were present a great number of noblemi 
persons of quality, who were in the €( 
si<Hi, and seven of tlie judges ; to wit, tl 
chief justice Holt, the loiS chief juatice 
tlie lord chief baron Ward, Mr. justice 
Mr. justice Powd, Mr. juatice Eyre, ai 
baron Powis. 

CL ofAr. Cryer, make prodamatioii 

Cryer. O yes, Oyea, O yea. All i 

of |»ersons that have any thing more t«i 
this Sessions of Oyer and Terminer, adj 
over to this day, draw near and give yi 
tendance. And God save tlie king. 
CL ofAr. Cryer, make proclamatioi 
Cryer, O yes. Sheriffs for the coi 
Middlesex, return the precepts to you di 
upon pain and peril will fall thereon. 

The Uoder-Sberiff returned the Prcc 

CI. ofAr, Mr. Baker, pray, whom 
intend to begin with P 

Mr. Baker, With AmbroHC Rook woo 
Cl.qfAr, Cryer, make proclamation 
Cryer, O yes. You goo<l men of the 
of Middlesex, summoned to appear he 
day, to try between our sovereign lo 
king, and the prisoners that are, and a 
at the bar, answer to your names, as yo 
be called, every one a't the first call, an 
your issues. 

The whole pannel was called over, a 
appearances of those that answered rec 
and the defaulters were again called ovc 

CI, ofAr. Keeper of Newgate, set Al 
Rookwood to the bar, (which was done) 
the prisoner at the bar, Ambrose Rool 
those men that you shall hear called, ai 
sonallv appear, are to pass between oui 
reign lord tne king and you, upon trial ( 
life and death ; if therefore you vrill chi 
them, or any oftliem, your time is to 
unto them aa tliey come to the book 
sworoi Jbefore thej be awom. 



foir High Treason^ 

rthatmmfm Sktmtr, If your lordmlnji 
m hmte 4 dtin^ or two to propose li> 
^;ip* in reapect of Oie trial tliis day : 
lotfrrifi M^ U^ your fi?our for n 

af« Maifiied of cotjiis^], In pur- 

lyf paninment, uml we Itope 

:h we tiimU nay in defence of 

be itnputed to ogrsi'lveit. I 

14 liave Wn a rrAection tipan 

cuiU ^our t«»rc]ihip8' ju^tice^ H 

yte klintifd havt> rrfused to »p- 

r,,. . Km^ji a public(\lioti in the 

i yowr candor taw Bril$ 

I '! upaa othtT occiuiions^ 

mn b(* no reaiion fur such 

1 \%'4\e n(ni¥ ; for we must 

rim liiive bceji pmctixer^, mi 

_ hm there wus never a reijjfo 

vrijhin the memory of man, 

irsrirtf-^renrp, soch i*»«iuew(i of 

rrOiil ihf court to 

Ud\\i hvvn ill tiiis. 

tji and liberty of 

(1 to (he bur, and 

Ixtuji mr lilt! Kjtme. 

W« oome not bett* to coiinieoance 
PM for which the prisioaer standi ne- 
dw|mcicsples upon which such prac- 
le prcMimti) to be fouotled ; (or wc 
IMft cillier reiitpatifi or civil, ttiat can 
'9XCmB^*m. But the aul of par- 
mo^ warmnted the of 

ir prfWMiK Hccii^ed to j i ^ce 

litbooc y<'Ur l<»rd&bip ^lU (iittt us 
•Iw w Uat ohjectioni u c con on their 

Look 3fe» sir B. Shower, go 
'^ilijeetloiif ; Id us heur whut you 

My k»rd^ It appcari to be a 
this act of padiatnentf ^he- 
I be tried tiiis day : »nd if it 
Itopep ihnug'h itslR«uld nut Itarc 
ih the court, that ue upprehend 
ill yoiir lordship will excuse nj^ and 
(tonlmff to your judgment, 1 ue act 
Tlifti nil that ahailt beaceuiied and iti- 
r higb'imi«on, whereby uny cgrrup- 
Mdtiiay, or»haiI be raaJe io noy such 
fff oflrnden, or to any the heir or lieirs 
Id) o&mler or offeodcf 14, or for mis- 
tvcftkonf ah all htive a irue copv 
^ leat ; and afterward* all all 
uf the jurors who are 

^ feturned hy tlie sheriff and 

Ima tM0i I And efery one of them so 



iliiitiB'ii 

ii^rbatb 

I lliai tiuB tnii 
^tUttftmutiiif 



i.ili he tried for the 
'Mil please to cast 
, nud it will 
\ . and that is 
Uw. And it 
jpprehend it» 
fit on at this 
iiiuldbe&oas 



I worJa, but, aa we take it, 



A, D. 1$D& [lift] 

the mtetit and menntng of the act of puritan 
too are for us, that there ought to have been i 
copy of the panne) after the return two days I 
fore the f riaL For in the Hrst place, my h>fd, th« 
words are plain : it must be a copy ot the pnn-j 
neJ duly returned by the sheriff. Now, though j 
it be o'copy of the' array of the psmnel which 
we have delivered to us» yet it is not a copy of 
tlje pannel of the juroi-s return etl ; for it vi n<i 
retiu'n till it come into court. And the kin^^^AJ 
counsel must admit, that iu ihe case of all writt 
rcturuahle^ it cannot be said that there h a re«^ 
turn, where there is a wririnjy upon Ihe-bacU^ 
or a label annexed, till it be actually returnrdJ 
into court. As in the case of a Fieri raciaStf 
or a Maudauiua, an action for false return can^ 
not lie till the urii he actually returned, For| 
such uction must be brought into the county (. 
MiddleseXt where the court resides, befbr 
i^hom the return Is made, and not in thfl 
county where the shciiff li%fd that ms^le tha 
return ; for it h not a return till filed in coun 
Now here the words of the net are ; * Ueshalll 
* hare a ct>py of the pinuiel of t!ie jurori? whfl 
' are to try hiui, duly relunicd hy the shenf 
*■ two days before the trial.* Now/we humhJyJ 
itwist that the wonls * duly returned* ma-it I 
antecetSent to the having the copy, or else hi 
caun<Ubesnid to Viave a copy of the pannel 
duly returned- The act of parliament does no| 
$ay which shall he duly retuiued; and thcre« 
fore there do^^s arise a doubt, whether yoiti 
lordship will not direct us to have a copy afle 
the return made, which is hut this dav* 

Mr, Fhipps. If your lordship pVaaea 
spare mo a word of the same ^idc : We lake if^ 
that by this act of parliament the Jury must I 
duly returned before the psiruiel is delivered tq 
nn. Now the returu is the answer that is in<; 
doi'setl upon the writ with the pantiel annexe 
and delivered into court; for the return ia 
the court, and till it be dehverei! into coun 
it cannot properly be said to be a relur ., 
We acknowlt'dge ihe copy of this pannel h:^^ 
been delivered unto us, two or three oayi 
ago. But the Venire beinsf not returned filj 
to-day, we think we have not a copy of the 
pannel within the intent oft and according 
to the act of parliament. And I desire to pu 
your lordship this caste : this act of parlia^ 
ment df^es likewiae provide, that the priijcmei 
should have a ^^y of hi^ indictment fivq_ 
days before his trial, to enable him to consul! 
with \m crnipsel how to plead and defend hiD 
self ; suppose then a copy cif a bill that k in^ 
tended to be presented to the errand jury, be ile 
livered to the person accused tive ihys beforj^ 
the tfrand jury are to meet, and they after* 
w ards meet, and find it, and the party is troughs 
immediately^ and arraigned upon it: this js f[ 
true copy of the indictment, yet certainly Uii 
intent of the ot-*t of paHiament is not answered- 
for it waa not a true copy of the indictment a| 
the titne it was delivered^ And I take \\u% 
caae to be under the same reason. This is 1^0^ 
a (>annel duly returned, till now ; and theretbri 
by eoujecjucnce we have pot tW adfantv^^v 



8 WILLIAM in. 



I 
I 



I 



I 
I 



147] 

that this »cl ofpnHiAmeiit iDtcnded to give us; 
for Mhich reason we humbl)^ apnrehc«iJ we 
<«ight not to be tried to-day ; which we suUmit 

to v«»iir [orthhip. 

L. C, X What say you to it, Mr. Attorney ? 

Alt. Gcri. (sir Thomas Trevor). My lord, 
with suhmissioii, this objection will receire a 
very pbin ftnswer. If! understand it arii^bl^ 
they say thul they ougrht lo have a copy of the 
paniivl ik(\rr it is relurned^ nnd tliat it cannot be 
mu\ to be duly delivered, accordiusf to the pro- 
vision in Ih'm act of parliniTicnt, till atier the 
Vetiiro Fat ra* be duly returned win th*' court, 
and ttu 11 they are to have it two days before 
liiey are tried. They say t!ie Venire Paoins 
1$ returned but to-day, and so the copy deli- 
rered to ihem, is not pui^uaut to the'iict of 
parhament ; ami so they cannot be tried to day : 
this I take to (je the oytjpction. But with smi- 
n»ission, my h>rd, it will be plain both by the 
Wi>nls of the act, and the reason and intention 
of it, that there is no occasion at all, nor no 
necessity of baring- the writ returned before 
the copy of ibe pannel bt* delivered. The wonfs 
of the act of parliament iu p these : ^ Tha! every 

* person and persons w ho shall be accused, in- 
•^ dictetl, and tried for treason, or misprision of 

* treason, aiier the *2Mh of March, lti9G, shall 

* have copies of the panoel of the jurors who 

* are to try them, duly returned by the sheriff. 

* and delivered to thetn two days before they 

* be tried/ Now, first, tny lord, J think it is 
apparent what the menniDtj and desig^i of tlie 
act of parliaoieat was, thai the prisoner should 
know two days before the trial, who were the 
jury that were to pass upon him, that he might 
have an opportunity lo consider how he sho»ihl 
make his challenges as he thoug;ht fit, and 
time to enquire into the qualifications of then], 
that if there were any particular ground of 
challenge, he ruiglit nut lose tliat benefit ; so 
that if he has a copy of the pannel arrayed by 
the sberiff, which is afterward returned by the 
iherifTinto court, and there is no variation of 
that pannel a Her wards ; then cerloinly the end 
and intent of the act is entirely pursued : for 
by that means the prisoner liws^ the names of 
all the jury returned, and ivreaAerwards called, 
and has a full opportunity of making such 
challenges as he thinks fit. And as tho reason 
and intent of the act is answered by this con- 
struction, so the very words of the act are an- 
swered : for it is not said in the act, that he 
Bhall have a copy of the pannel afler it is return- 
ed, but itissaiJ a copy of the pannel duly rr- 
furuftd by the sheriff; ilrat iij, when the sheriff 
ba&^miyed a pannel, then he is to have a copy 
of that pannel; and if afterwards the sheriff re- 
turn the same pannel into court, is not this a 
copy of the pannel duly return etl ? With sub- 
mission it is, and sufficient to answer both the 
words and intention of the act of jiarliament. 
It is true, tny lord, if the act of parliament had 
taid he should have a copy of tne pannel after 
It was reiiirneJ, then we could not have said 
but that the objection would hold. But when 
tke words are g^eDeral, and it h most reasonable 



Trial qf Ambrnsc Rookwoodf 

to be interpreted that the copy is to he delivff( 
when the arrny is made, because that answi 
the intent anil end of the act of parUnme 
which was to enable the prisoner ta mnVf 1 
chttllengfes, we take that to be sufficient; 
if anotiier interpretation should he midfj 
would render the trial in such ctv- 
all the mischiefs in the world, ami - 

firacticable that any person should be tried ^ 
east it would introduce a new method of i 
ceedingfs that nerer was practised, nor <tugn 
be introduced, unless ibis act of parliaineiKj 
express words had appointed and cou 
such a new method ; and we siip|i 
lordship will nevpT make any auch co 
tion, that the art int tended a new method, 
less expressly declared ; for if it were, 
would hate it, that the copy of the pan 
not to be delivered till after the returitl 
writ, then the prisoner cannot be tried 
the return of the writ ; for upon the retu 
ihe writ, the jury must be hroug-hl to the I 
the prisoner must be brought to the btr, 
adjourned over to a further lime, that i&( 
mean time a copy may be delivered to 
t believe that they can never shew anyi 
dent thtit there was such an adjounim 
jury of life and death, over to another 
a person to have a copy of the panne), I 
him to make his challenges ; and eith 
must be the conscqurncc, or else the jury i 
not ©ome upon the return of the Veuire f^ 
but there most go a Habeas Corpora, ^ 
prisoner tried ujion that Haheas Gor 
first there Rjust be the return of the writ, 
the copy of the pannel delivered, then IhgJ 
beas Corpora returnable another day ; i 
that the trial must be had : but I belii 
can be no in*»tance given of a trial for i 
upon a Habeas Corpora. Now if the pa 
meut htid intended that they would not I 
the- copy of the paDoel delivered till after 1 
return of the Venire Facias, tliev would c 
tainly hnre es:pre-ssed aud provided how 
methofl of iria! shouhl have been ; that I 
that either the jury sliouM have been :i<]jiiun 
over till anotiier day, or else brought to l" 
upon a Habeas Corpora ; which is 
way that can be thought of. Indeed^ 
I do aeree, that if the sheriff should pfi 
copy of the pannel ^ and afterwards f^houl " 
that pannel, though but in one na 
uoultl not answer the end of the act of^ 
ment, because the prisoner is deprived ( 
opportunity of knowing- tin; name of the 
son that he so altered, in order to his mat 
his challeng'es against him : but if thc^ sh^ 
di> return the same persons that are in ( 
copy delivered to the prisoner, then we do 
all intents nnd purposes, answer the end 4 ' 
act of parliament, and avoid the absurd 
struction that ihey would tnake of this aCtl 
the chang'in^ the methoil of trials, and do' 
can well If llwhat method should be piinn 
but certairdy if tht? act of parliament intcn 
a new method should bepursded, they 
have described and settled what it shntiltl I 





f^ High Tre^m* 

(dlr Jdbn Howies). If your lorrU 

tft «pjirr mp n wonl <^t' the i«anie 

: i hfts been 

(trd J for, 

i uLc it, the ui I liiis U>eii ' 

errd b»th as to lb© t* orils, aoil 1 

r's having' 

iiy be re- 

^ u iiung^as a nfttmel 

ii<-. sumfnoncJ, and 

'f'fore bis 
* -. ujai Igni- 

ted fiufH- 
: ^ts. Cer- 
iieact of parliament 
■ lit It a copy of ibe 
iirt of ibe wril, 
d that Wfts or- 
«|«i, •«€ ojiv 4>4h^i iidiiita put in bill those 
tenkftliaal m copy of before: now, my tord, 1 
Aidtlibact nf p^trtiaimehl mutt be takfii ac- 
mgtmkt iH* IntanI %iu\ meaning of It^ <j|- else 
sǤWr ti jTisoner^ and hurdar 

Mt ifctt ir it sbouhl ; this tiot 

V^ltfsb&ii ii.-v^c ;i i:<)\y\ of bis indictment so 
mtm flairs bdbra lii;» trial ; Dow I would fain 
^arm wWiilur iWy won hi have it cooiitrued, 
ill te Cifrj fItMv mit need to be ddivereil til) 
#v kiBCj^Ofiil, wtiich oiu&t be if tlicir doe^ 
ibMt the act i« to li« con- 
nUnLT t*» ibf* Strict letter of it, for 
in4d V I of the issue; what if 

H^ ad<ctji live red Ave days before 

jj tti %ial, ihcit>g:b nfier imwt joioetl, it is well 
L v*^ acctirdjoc t<* such an e^cpositian* for 
K^VEvqninf; nf ilie prittotier i^ no part of the 
H ilk«i4 tH it %vii« iW intent of the pur- 



be ««iis nrrui^ned, 

' uijvJu have 

> lo make 

I ai i>^ii - ; be nii^ht 

wliicb ft*U'r plen 

cot till not liaTe the 

jitiarMranls move to 



|iQ> til 

^iMiiirf M ;. 

s^'iaii^ol', mtir could h< 
iW) (lie tiifliciifiefti, ivliich (If' mi^fbt other- 
,4mi rraKiu for, »l hp hiul the copy 
•« fntt to {dead, no Uitit I lake it the 
»W ioAerpretetl tivpry H litrt' »cc^»^liol;' 
on^ftl, .itu) ibo piittotiei' at the 
jt> lion of ihc act, hai 

ra/L, i.^ui five or aix dayii 

lirian^nmrul, aud therelore we liuve 
[ tvi ikii* pfcti'iHine atid lueanin^ ot 
^4dJlcopy 
t at ' try Jhiu« 

l4llly iMfintrii LJV iHL -„j4 iMi, Mliich lfi( 

' KvMifiif lo lii« act of |»;ii it.inienl. 

•^■lli^y ««3v tbiit eicu a iO(>y of ll»t 

v4H»»rc it ^ found would nut be t^ood 

ru I lii\ .„< 1 I 0..1 1 is Uuf, hwt tii>^ rH'si-' 



at n^ 'd paiiucl | 

•jfd < lie jury be ! 

1« lur l^a aWr^ it&u«i array aud iH»iu* 



1696. 

plete his pannel to let bis bailiff know M^ho must 
he summoned ; but in the case of an iu^iclioent, 
though a bill be drst formed by the clerk, yel 
it is not looked upon as a formal indictment ia 
point of taw, till it be found by the jury aH tbeir 
vcrrdict, and preferred to the court; and it is 
not necessary tiiat this indiclme4it should be 
formed for the jury before they find it, for I hey 
are p>roperly to make their own presentmeuts 
thi m^elves \ and the ancient practice was, that 
they only presented the fact, and the matter 
was put into form afterwards by the court, and 
in many cases it \^ so at this day, aa we have 
had some instances lately ; but as to the ar- 
rayinc^ of a pannel it always was ao, and always 
must be so arrayed by the liherifr before the jury 
summoned, and there is the dijTerence beiweeti 
the lairing a copy of an indictment and the 
copy of a pannel, the one is taken notice of in 
point of law to be necessary, the other is not. 
This giving" a cop^ of the pannel, my lord, we 
say, ia within the intent of the act, which waa 
only to enable persons accused to make their 
just challenges, and that they may as well da 
w ben a copy is delivered after it is arrayed by 
the sheriff, as when it is returned by the slicritt, 
and being* so done, with submission, it is well 
done within the words, and within the intent of 
this act of parliameut. 

Mr, Contf€r$. M v lord, the words of this act 
of parliament are, That they shall have a copji 
of the (lannel of the Jurors who are to try them, 
duly returned by the sheriff, and delivered to 
them^ and this, two days before the trial t my 
Joi'd, that this is the pannel of the sheriff of the 
jurors that are t4.» try them, as soon as it is ar- 
rayed, has beeu observed already ; nov^' it would 
be a forced construction to construe these words 
that follow, ' duly returned by the sheriff,* to 
be meant, that a co^y should be delivered alter 
the jury is returned, because that would be a 
delay of justice, and keeping off the trial longer 
than Mas intended by tltis act of parliament, 
and more than will answer the end of thicj law ; 
for the end of it was to give the prisoner all 
benefit aud advuola^c of exceptions against any 
ol'tho.^e that were tutry him, and if ha lias ibia 
pannel ttvo days before his tiial, he has that 
hrnetit the law intended him. Now, uiy loni, 
a!> to what has been said of an indictment, whitib 
by this law, be ia to have a cony of loo, thai 
is plainly quite another case ; lor it is not an 
indicttncut till it {ie found, and fio answers not 
the words nor iuiention of the act till found by 
the ;>rand jury ; tdl theti it is not a copy of lus 
€har;;c%, and therefore by no construction can it 
hf culled a copy of the indictment* 1 think I 
need mil trouble your lonl'^hip any further in 
this iimitkfr, because thit^ objection was li>rea}ceii, 
and liu& beeu already cmisidcred of by the court 
upon ihe prisoner's Jirraie'omeot. 

H\r Barih, Shoacr. My lord* in answer to 
what Mr. i^olicitor ha^ ttatd, that there is as 
much reason to expect tlkat the copy of the in* 
dictmeut should not be detiveretl lifl after pl«*a 
pleaded, as that the tr^nuel should not be deh- 
ver^fd till atler the jury relumed, because iu ibt 



I 



I 



I 



I 



8 WILLIAM III. 

4%&c of the indictnieat it is said so mfttljr days 
Irt4hr« iKe triat^ and the trial caonot be till issue 
jometl^ tUne can be no weigfhi id that objec- 
tion al ftli ; for the wtrrds of the act are quite 
differeAtty penned in the rnse of' the indictment 
from what they are in the c*ase of the pannel ; 
for thouj;b it \*€ said it should be dotie five davs 
before tbe trials }et it !<> added^ Mn order to the 
* adviain^ with counsel how to ptead ;* which 
in oat be before pli^a pleaded^ and therefore it 
m\nH be absi*U*!ely necessary lo be done before 
the arrm^moetit, My tord, I have propoȣ*d 
roy dimbt, it may have consequence* on the 
one side and the other, we submit intirely onto 
yoar ktrdsHip'i jtidjjfment ; it is a new law, and 
never has receivenf any opinion ; I he uords of 
it are, • duly retumeii by the sheriff',* atjd the 

Stie:»^ion t», Whetlier a eopy of (he pan net upon 
>e array btl^trr it be returned he a copy of tiie 
nantt*-] ifaly retnrred, 1 hough the s^mo pannel 
»e afterwards duly retitroed. 

Mr Phiy^'S, My iord, Mr. Attorney General 
ftWMB, ilittt the piior< I after it is array e<i may 
be ameitdHd aod n!tered by the sherin ; and it 
waa nevt t it lentfed by this act of puHiament. 
that any copy of the pannel should be delivered 
lo the prisoner but of thoije men that were 
really reiurticd ; so that we take it, we ouio^ht 
to have it.tvto days after the return and before 
the trial ; fui- certainty it must be a copy of tbe 
men returned, which if the shenfl^ may alter 
at any time before the return, the intent'of the 
Act of parhument cnn never be an&w^ered by 
any copy hnl what is a true copy of the return. 
Idr. Coo vers would aimner iho olijecii-m that 
I made aoout a copy of the indiihuent by tlii^, 
that it is not an imiictmeut till it be fonnil by 
Ibe jury ; but I think it is no answer lo our oh* 
jectioA at :0I, though it be but a copy of (he bill 
intended to be presented to the ^rand jury, yet 
if the erand jury afterwohJii And it, it i.s ns true 
n co^iy id ihe indicmient as thisiii a copy of the 
jury iiLcnded (o be returned, and fifter'< ards 
relnnied. As to what they say, thai this will 
inirodiice a new metliod ol trial, contniry to all 
form o: pwce^tlings, that can be no objection 
neitlier ; « or if it lie so, we cannot tell tiotv to 
help itf the parliament have thought tit In have 
jt so, arul wc must submtt to take it ai» I be law 
itas made it : if there be a necessity for a Ha- 
beas Corpora upon ttic provision made in this 
act, 90 it must be, for we must take the law as 
iilti, We subtiiit our objection to yodr lord- 
ahip ; we think we have not had the beuetit of 
llua law* 

Mr. Cowptr, Surely, my lordp whiit !VIr. 
Phipps has now said has no weight in H; th:;t 
because the shenfTbad it in l:is power U* alter 
the p»uDel before it was relumed, therefoic this 
is 1 1 01 now a true copy '^f the puniiel ot jurors 
who ure lo try tlic pr isomer, *liily returned by 
the sheriff; which arc llie WLHiJs in the act. ft 
is true, if (lie shentf had in fact altered iJie 
pannel from what it ivun, aoil returned it so iiU 
tered into court, no doubt of it,, the prifioner 
would be very well iniillcd to muke this oh* 
jeotioQi that be Lad not a copy of the pauud, 



Trial of Ambrose Rookxx>ood, 

or the names of the jurors that were 
to try him ; but now we can aver, that we 
pursued this act of parliametit hterally; for 
answer to their objection, we may ask 
queslioQ of ihem upon the words of the 
Have you not had a true copy of tlie namea 
those tuat are to try you, and are duly 
by the sheriff for that purpoftel and was 
that copy delivered nuto you above t 
ago r They^ cannot say they have not fa 
and if they cannot say so, then both the 
and meautiig' ivf the act of parliament are 
every res|>ect anawered. ; if when thejury^ 
to be called the prisoner iimh the pani 
altered t be has reason lo object, and w 
the benetit of the objection, that he has 
ar} vantage which the I aw intended him, 
that prove to be the fact, we think Ker« ' 
compliance with this law. 

8oL Gen. 8ir Uarth. Shower mista 
objections about the copy of the iudi* 
for u e say, if the intent of tjie act of pi 
be complied with, it is suiHcient, t 
where the words are any way douhtfirf^ 
cording to the wordsof thisactof pailMmctii 
copy of the indictment need to >»e deliveied " 
6ve'days before the trial ; but it appearinsr 
the intention of these law«m:ikers was, 
should have a copy of the indictment to 
him to plead to it if he hail cause, tl 
though the words be * before the trial/ we 
taken it that he should have a copy 6ve 
before his arraignment, and so we have 
ptteil with Ihe meaning of ihe hiw in that poii 
as we have also in this, which was, we take 
only to enable the prisoner to nuike his 
leoe^es, and if that (m done two days betbre 
trial, with tuhiuission, it fully answers thtslw 

L. C, X Have you dooe^ gentlenaen? 

Couns. Yes, my lord. 

L. C J. Then look you, sir B» Hbo' 
lo this point that you now insist upon 
had it under consideration heretofore ; wi 
here ihiji day se'nniglil, and then we did 
sider tn what method wt^ should proc*eed, 
that ttic prisoner mi«jlit hare the benefit 
teodi'd hirtt by this net of parliament : the 
of parhament does <lesign, in the first pi 
that every prisoner thai is to be tried for h 
treason should have a copy Qi' his indicti 
at leuHt five davs before the trial ; that, I tbinl 
was ail the makers of this act of parliament iip 
tetide<l at the 6rst; but then there being ml 
sequent words, which shew the reason wif 
Ibey gave him the copy so lon^ before tfa 
trial ; which is^ that he mi^ht advise with W 
counsel ivhat lo plead ; ihejie worik, we 
oei*e, have given the prisoner a fuiiher tin 
than what was ongiually intended, thereto 
we have tbnn|^ht it necessary that the priiioo 
should have a copy of his indicUneni five da 
Ijefore he be arraij^ned, which is five days b 
fore he was put I o plead ; und yoiir client, I 
prisoner at the liar, has had the benefit of 
act in that re^spect before we arraigned bit 
then Mler he has pleaded, the nuestioii wi 
when bo was to have a copy ok cbe picmel 




tSSj for High Treason* 

fmm ik imp of Ihif *ct of {mrtiaEaeut wbs, 
llrilbipiiQiNT tboutd have & oo)>y of the 
mmt^tmh\%M'ore histii.il, in oi^er that 
it niflt eOMi^kr of ibe persons t!ial were to 
vtIuoi; Ihtthf mi^ht (> seSror their 

riiw^ Impm, unA > in; that so 

B^nrt^i , btuHiit ihe law ^ves 

ka^c^i ' srui thirty, without 

fMrc4Uif, if !»«• itifl not like the men, 
t n laiuj mone at he &houM think he hatl 
'tis case, the 
rient ii an- 
„ . » iiie paiinel, oa 

^^iVftn^^ Lww days before 

9mtlHu .... ha<4 th« full be- 

t M llw Id ol ^ intended ; he t9 

lOOf^ •« Wfr I . Liakti hii eiiil- 

i tWUu shouht be, and 

*lfce flime ii ^d tiim, that the 

liBinenl mratit he should hitve ; then 
[ liie de«i|fn oi tliiji Act of jmrliajueut 
wtttd tt'ui cufiijdied with in the 
I i|nef«iori ^i l> helher the worda 
i ttre satisfied ? For we wuidd be very 
:99e ^' \\iii nttiirct %vhere an act of 
iaieiHlta /^vour to a prisoner that 
I tj|# |]*rfiif hill life, to abridge htm of 
t (if it(ir ^ hich tj»e very words of 
I ftlbw him, though the intent of 
rli^oM^t were jiiiswei'ed uiherwise; 
t place It is observable, that the 
ftiiu^iii .lu*'k iMit uAy^ tliat the ori- 
II lelurn ; nor docs 

I ^in the court, but 
I m copy of tiie panoel of tli« jurors 
1 ihnt are t<> \ry him ; now if the 
> days before the 
.[idthie9<n^^ tiitn 
> ^laun^i, whi^h paanti is 
IT} rnurl, ha« tiot he then 
M ■ ' I>ot!« not 

? For you 
ufj^i u IS ntii Mu<; ifi the words 
ltb«eii|>y flmll be delivered atter 

'^*-' • •- ■' " - •' • " ' :\ copy 

r cany 

i— ^^ > .i i"' ......inHfii' he 

•ml wi' think thijq Answers both 

1^ r it i'v 31 tonv of the pannel, 

1 1.| iv returned. 

i^ii^ t wouhl in- 

r ik«e ttoiml luiu^e af Crialt, 

^ to Uie very process itself 

le ..'f law to award process 

\ • Ji^ 1A Appear at a cf rt^iiu time, 

B joiiaed between th*' ktM^^ Hnd the 

I y«l wbiiu we have done this, and 

are suoirnoned and do ap- 

i» ttiey e)unt! ; for the isaue 

iMitfe atW tho rettirn, the 

fcttf« • copy of the pnnnci two 

s act of J, and the very 

I ftfL J led iQ giviog a 

nvl ^ ofm ibe return. 

i«tt<i 'itf ooticider&tion 

«fOB dkbttte aitiuug cmts«:tr«i| we 



A. D. 16M« 



[13* 



did thiuk fit to award the precept returiiabf# 
this day, and rrsolved to try the prisooer this 
day* unless better reasons were offered us to 
uUer our opinion, and we are not sAtiMfied thai 
any such better reason has been gpiven, but that 
this trial ought to gt> on, the prisoner having- 
the fidl benefit that wa>» de^tigued hrm by this 
act of parliament. And the giving a copy of 
the panoel that is returned, liiuugn before the 
return^ sufHriently satisfies the words of the 
act ! no other construction can be made with« 
out great absurdities : thiit is my opinion. 

8tr B. Shower. My lord, I hope we shall Ke 
excused for our clieni, we have another doubt 
to propo<ie to the court, 

L. C. J- You have bad ray opinion upon 
this point, if my lords and brothers are of uno<* 
ther opinion, they wdl tell you. 

Jadgct, No, my lord, we are all of the same 

DplDiOn. 

L, C. /. My Lord Chief Justice of the Com- 
mon Pleas, and my brothers are all of the same 
opinion. 

Sir B. Shower. My lord, we say we hare 
aoothpr doubt to pro(>ose U{>on this act of per* 
liament: it ist a new one, and never put in 
pr^iOLice till no v, and therefore we hope your 
iontship will please to excuse us, if we offer 
nor objections, because there has yet never 
been a delerniination about it, and we are es< 
signed of counsel by your lordship. 

L. C. J. Never make apologies, sir Bartbo* 
lomew, for it is as lawful for you to be of coun* 
scl in this cuse, as ii is in any nther case where 
the law allows counseh It is expected you 
should do 3 our best for thuee vou are assigned 
for, as it is expectei) in any other case thatyrm 
do vour duty for your client. 

ftr B. Shower, My lord, our exception is 
this, ne say that this trial cannot go on at this 
time, upon this act of parliament, because we 
have no true copy of tho whole indictmenl ; it 
does not appear, in the copy we have delivered 
to us, bet ore whom it was taken, or wbether 
it was taken at all, or in whnt pkce it wat 
taken ; it &i)ys only ^ Middlesex' inthL» margin, 
and iheu * JuratoreA pro Domino Re^e pre* 
* sentAnt:' that might be befori^T the justices 
of the peace at the quarter sessions, or it mii^hl 
be at th^ monthly sessions at HicksVHill, 
or it luiglit be at the Hc'Stions at the Old Bai* 
ley<, or it fiiight be before comnaisaionen uf 
Oyer and Terminer, as perhaps it really was ; 
but noil eomtai where it was takeo^ nor bow it 
comes hither i it might be before your lordship 
here, as wc believe it was, but inis copy not 
letting us know where and bow it was taken, 
we think we have not the benefit of this law | 
for the party accused is by this act of parliA'^ 
ment to have a cony to atlvise with counsel, 
that be may be enanled to plead. And that is 
the reason why ihe words of tlii^ aot are eo 
penned, that he shall have a copy of the whole 
indictment, which we cannot plead to, unless 
we know where it was taken, if we should have 
occasion to pleAd any special matter. And be« 
tiilesi my loVd, there is auotber reesoii why W9 



IW] 



8 WILLIAM III. 



•bouM lia¥e the whole indictment to enable us 
to plead, because if we bad the Caption, it miflfbt 
perhaps ap[)ear, that Ihe iodictment wai taken 
before the time of the fact alleged in the in- 
dictment, and then that would make it Yioious ; 
it might be belbre the 9th of February, when 
this treason is said to be committed, and thep 
we ought not to be brought to trial. Now the 
design of this act of paniament, in giving the 
prisoner a copj of the indictment so lon^ be- 
fore the trial, was net only to enable him to 
make his defence upon the trial, but also to ad- 
vise with counsel to plead ; for so the words 
are,^ the better to enable him to plead.' Now 
we savr to answer tbb end, it is necessary we 
should have a copy of the whole indictment, as 
it stands before your lordship in court. And 
another reason is this, it is no indictment, un- 
less it be presented by the jury, as their inqui- 
sition upon oath, unto some court that has ju- 
risdiction of the matter: what we have deli- 
vered to us is only a copv of a bill as to be de- 
livered to a gitmd jury to oe found ; non constat^ 
that it is found. Now the intent of the act of 
parliament beinsp to give the prisoner this ad- 
vantage to enable him to plead, he may have 
severfi pleas, of which he micht take a legal 
advantage if he had a copy of the whole, which 
he knows not how to come at now ; and in truth 
it is very necessary, because if he be tried upon 
an indictment found in another county, then 
these commi^oners have not a legal authority 
to try him ; and if the trial should go on, and he 
be acquitted, he is subject to be indicted and tried 
again, and never can relieve himself by the ac- 
quittal upon such an indictment before persons 
that had no authority to try him. I doubt he 
can never plead the acquittal, because he can- 
not make out, that he was duly tried and ac- 
quitted : and for these reasons we humbly sub- 
mit it to your lordship, whether we have had 
the benent of tliis law, in having a copy of the 
whole indictment to enable us to plead ; and if 
we have not, till we have that benefit, we 
humbly conciive this trial ought not to go od. 

Mr. Phipps, My lord, the question is, Whe- 
ther the style of the court, the persons before 
whom it was taken, and to whom the present- 
ment is made, the time when it was taken, and 
the place where, ought not to aopear in the in- 
dictment ? tliis law requiring tnat the prisoner 
■bould have a copy of the whole indictment to 
enable him to plead ; for if it should hap|)en, 
that the indictment was taken before persons 
that had no jurisdiction, then I believe it will 
not be denied but that the prisoner might plead 
to the jurisdiction, and there might be several 
other pleas that he might take advantage of. 
I would desire to know of the king's counsel, 
whether ever they saw a copy of an indictment 
^ven in evidence, or pleaded without the Cap- 
tion. It is not a true copy witliout it; there 
ought to be the time, the place, and the style 
of the court before whom it is taken. 

Ait. Gen. Truly, my k>rd, I think 1 need 
•ay no more to this olgection, than it does not 
iH a proper time; far, with 



Trial of Ambrose Itookwood, 

if the prisoner will upon thb act say he 1 
had a copy of his indictment to enable 1 
plead, he ought to have taken the advan 
It before he did plead ; that is the'propi 
for him to object thb matter to the cou 
if, after he has had such a copy as this p 
hashed, he does submit to plead, wit 
mission it is too late to come at his tr 
make this objection, he cannot be reoc 
make it after. 

L. C. J. That is a full answer, Mr. At 

Att. Gen, I think it is, my lord, wit 
mission, not that we would wave givin; 
answer to it, if it were in a proper tim 
the metl^ of proceeding roUst be, i 
tliink we have no occasion at this time 
any thing more to this objection. 

X. C. J. No, no, that is a full answer 
point : for look ye, you that are of coui 
the prisoner, when once you have plead< 
admit you have had a copy ; for the co 
given you to enable you to plead, and 
you have pleaded, you have passed by 
vantage that you could have from thf 
as to any plea that you can make : for it i 
for granted ye had a copy to enable 
plead, and to advise with your counsel al 
since you did plead, and did not insist 
at the time of your arraignment that j 
not such copy. 

Sir B, Shower, My lord, we have pi 
one doubt ; we humbly submit it to the < 

Sol. Gen. It was their own fault, tt 
objection was not made in time. 

X. C. J. That doubt of yours may s 
another time, but now certainly it is qi 
of time. 

Sol. Gen. Nay, my lord, even upon 
raignment tbat would not serve their tu 
ther. 

L. C. J. We will not enter upon tha 
pray go on to swear the jury. 

CI. ofAr. You, the prisoner, look t 
challenges, as I told you before. Cry< 
sir Jeremy Saiubrook. 

Cryer. Vous avez. 

Sir B. Shower. Mr. Rookwood, you 
make your own challenges. 

Rookwood. I do not challenge him. 

CI. of Ar, Then hold sir Jeremy the 

8ir Jtr. Swnbrook. My lord, I am unt 
of serving upon tiiis jury, for I have be 
these several years, these dozen years ; 
not hear what is said in court, thoug 
now so near the court ; I could not hef 
your lordship said, nor what was said 
bar. I have a certificate here, if your h 
please to have it read ; and most of the | 
of quality about the court know it to be : 

Att. Gen. My lord, I am afraid it is 

L. C. J. Nay, if it be so, it is not iitti 
he should be upon the jury, when he 
hear what is said : you must excuse 
reriiv Sambrook. Go on to the next. 

CS. ofAr. George Ford. — Cr^er. Von 

CI. of Ar. Look upon the prisoner. 

BjoAmo^i^ 1 challenge him. 



Jbr High Tnoion. 

Mr. FonI, you must not go away, 
apoo aoother pannel, wherein you 
Aoyedy though you are now chal- 

. William Underhiil. 
challenge him. 
. William Withers, 
challenge him. 
SamuelPowell. 
do not except against him. 
Then swear Mr. Powell. 
M>k upon the prisoner. You shall 
ly ^y> ^"^ ^^^ deliverance make 
r sorereign lord the kinpf) and the 
lie bar, whom you shall have in 
I a true verdict give according to 
ce. So help you God. 
Thomas Trench, 
challenge him. 
John Wolse. 
challenge him. 
James Bodingtoo. 
challenge bim. 
John myroond. 
challenge him. 

Richard Marsh. [Be did not 

Georjre Haws. 

challenge him. 
. Fiancis Barry. 

challenge him. 
. Arthur Bnily. 

[ except t)ot against him. [Sworn.] 
. John Webber. 

do rot except acrainst him. [Sworn.] 
. Thoiuas Glover. 
I challenge him. 

Dormer Sheppard. 

challentre him. 
. George Tredway. 

do not except against him. [He 

Matthew Bateman. 
' challenge him. 

Timothy Thombory. 
[ challenge him. 
. James Partberich. 
[ challenge him. 
. Thomas Freeman. 
i clial!enge bim. 
'. Joseph Blithit 
I challenge him. 
. Timothy T/eonoy. 
[ have nothing to say against him. 
om.] 

. John Harris. 
I do not except against him. [He 

. JohnBillers. 

I challenge him. 

'. Richanl Bourne. 

I challenge him. 

% George Carter. 

! do not excentagainst bim. [Sworn.] 

'. Francis Ctiapman. 

I cfaallcBge him. . 

*. Alexander Forth. 



A. D. 1696. 



tl58 



Hookw. 1 challenge him. 

CL (fAr, Thomas Playstid. 

Hookw, I challenge him. 

CL ofAr, William EUey. 

Rookw, I do not except against him. [H# 
was sworn.] 

CL^Ar, John Marsh. 

Kookw. I have nothing to say against him. 
[He was sworn.] 

CL of Ar. I^muel Hooper. (He did not 
answer.) 

X. C. J. Did Mr. Hooper appear f 

CL o^At. Yes, my lord^ he is marked as 
appeanns^. 

L. C. J. Then you ought to call him Bgtan^ 
and set a fine upon his head. 

CL ofAr. Cryer, call Samuel Hooper. 

Cryer, Samnel Hooper, come into court and 
give voar attendance, upon pain often poandf 
for tfie court has recorded your appearance. 

CLafAr. John Hall. . 

BjookuD. I challenge him. 

C/. ofAr. Nicholas Roberta. 

Rookw, I challenge him. 

CL ofAr. William Partridge. 

Bmkw. I challenge him. 

Sir B. Shower, How many has he chl^t' 
lenged, Mr. Hardesty ? 

CL ofAr, I will tell you, sir Bartholomew. 
He has challenged 94. 

Sir B. Shovcr. Well then, go on, sir. 

CL ofAr. Peter Laveane. 

Rflokw. I challenge him. 

CLofAr. Thomas Moody. 

Bjookw. I challenge him. 

CL ofAr. Richard Bealing. 

Rookw. 1 challenge him, 

CL ofAr. Thomas Evans. 

Rookw. I challenge him. 

CL ofAr. Thomas Rammage. 

Rookw, I challen^ him. 

C/. ^^r. EdwaroTownshend. 

Rookw, I challenge him. 

CL ofAr, William Gunston. 

Rookw. I challenge him. 

CLofAr, Samuel Freebody. 

Rookw, I do not except against him. (He 
was sworn.) 

CL ofAr. Philip Wightman. 

Rookw, I challenge him. 

CL of Ar. There are now thirty-two chtU 
lenged. John Wyberd. 

Rookw, I challenge him. 

CL (fAr, William Strowd. 

Rookw, I challenge him. 

CL ofAr, Daniel Byteild. 

Rookm. I do not except ugainst him. (Ha 
was sworn.) 

CL ofAr, Benjamin Noble. 

Rookw, I have nothing to say against him« 
(He was sworn.) 

CL of Ar, Cryer, count them. Samnel 
Powell, — • 

Cryer, One, &c. 

CLofAr. Benjamin Noble. 

Cryer, Twelve gfood men and true, stand 
together, and hear your evidence. 



159] 



8 WILLIAM in. 



The names of the twelve swoni were these : 
Samuel Powell, Arthur Bailey, John Webber, 
Geor^ Tredway, Timothy* Lennoy, John 
Harris, George Garter, William Atley, John 
Marsh, Samuel Freebody, Daniel Byfeild, and 
Benjamin Noble. 

L, C. J. Look ye, Mr. Phipps, your oljce- 
lion upon the indictment slipt me, and therefore 
I would speak to it now : You said it might be 
as well a copy of the indictment before it be 
found, as well as this a copy of the pannel be- 
fore it be returned. Now that cannot be, for 
an indictment is not an indictment till it be 
found, it is <mly a writing prepared fi>r the 
case of the jurv, and ibr expedition ; it is no- 
thing till it IS ibuid, for the jury make it an 
indictment by finding it, they may alter what 
they please, or refuse it absolutely. And if the 
jury, upon examining the witnesses, would 
only present a matter of fact with time and 
place, the court might cause it to be drawn up 
mto form, without carrying it to the jury : 
again, there needs no Bilia vera; for that is 
only the jury's owning that which the court 
has prepared and drawn up fiff them : but a 
pannel is a pannel when it is arrayed, before it 
De returned, and a copy of the pannel given 
before it be returned, is a copy of the pannel 
returned, if it be afterwards returned, as it 
must. 

Sir B. Shower. But, my lord, that notion 
atrengthens our objection that we last made, 
that makes it necessary that we should have a 
copy of the Caption, as well as the other part, 
to make it a true copy of the whole iudict- 
ment. 

Z. C. J. That is another thinjf, we will 
talk of that another time ; but I speak of this 
only as to his objection, which slipt my me- 
mory, because I would have nothing remain 
unanswered. 

Mr. Phipps, My lord, when I lie Bill is 
ibund, the copy that we delivered before is as 
much a true copy of the indictment as our 
oopy of the pannel is a copy of the jury re- 
turned. 

L, C. J. A pannel is a pannel, when it is 
arrayed, but a bill is not an indictment till it 
be tound ; one cannot say a man indictatm 
egistitf till it be found ; afl that we say of it 
before it oe found is, that there was quadam 
Billa preferred to the grand jury, and if the 
jury bring it in Ignoramus, whereby they 
disown tm presentment, it is cancelled, and 
there is no record of it, nor nothing, only a 
memorandum in the clerk's book perhaps, 
that such a thing was. Well go on. 

CI. qfAr. Cryer, make Proclamation. 

CJryer. O yes, If any one can inform my 
lords, the king's justices of Oyer and Ter- 
miner, the kiag's serjeant, the king's attorney 
general, before this inquest to be taken, of the 
bigh-treason whereof Ambroee Rookwood, the 
pnaoner at the bar stands indicted, let them 
come forth, and they shall be heard ; for now 
the prisoiier standi at tha tar upon hit de- 



Trio/ ofAmbroie Roohcood^ 

liveranoe, and all others that are bouDd I 
cognizance to give evidence against th< 
soner at the bar, let them come forth, anc 
their evidence, or else they forfeit their n 
nizance. 

CL ofAr. Ambrose Rookwood, hoi 
thy hand, (which he did). You thi 
sworn, look unon the prisoner, and hearl 
his cause. He stands indicted bv the na 
Ambrose Rookwood, of the pansn of St. 
Covent- garden, in the county of Midd 

f^nt. for that he, together with Ghrist 
nightley , not yet taken, Robert LowicI 
Charles Cranbume, and divers others, 
traitors, &c. — prout in the indictment, 
talis mutandis^ and against the form c 
statute in that case made and provided, 
this indictment he hath been arraigned 
upon his arraignment hath pleaded not g 
and for his tnal hath put himself u|iof 
and his country, which country you 
your charge h to enquire^ whether he be i 
of the high-treason whereof he stands ind 
or not guilty ; if you find him guilty, 
are to inquire what goods or chattels, lai 
tenements he had at the time of the 
treason committed, or at any time stn< 
you find him not guilty, ye are to it 
whether he fied for it; it you find that b 
for it, you are to inquire of his goodi 
chattels, as if you had found him guili 
you fiod him not guilty, nor that he did i 
It, you arc to say so uod no more: and 
your evidence. 

Mr. Mountague, May it please your 
ship, and fou gentlemen of this jury, tli 
dictment that has been rt-ail to you, does d 
the prisoner with high -treason tor compa 
and imagininc^ the ncatli of the king, fc 
deavouring to subvert the government, s 
subject the people of England to the slavi 
Ix»wis the French king ; and for this eo 
indictment sets forth, tliat the prisoner s 
b:ir did privately meet with several false 
tors, to consult how they mi*>-ht compai 
death of the king, and commit those other 
sons; and that the 10th of Februar 
Cofent-gorden, in this county, it was a| 
among them, that they should get tog 
forty horsemen, whereof the prisoner a 
bar was to be one, and they were to lie u 
bush, and set upon the king in his coach 
his return from going abroad ; some we 
attack the coach, others to attack the gi 
and there were some to kill the king ii 
coach : and the indictment does Tik 
charge the prisoner with gathering tog 
horses, and providing arms for this piu 
To this indictment, gentlemen, ne 
pleaded not guilty ; we shall call oor 
ncsses, and prove the fact, and when we 
so done, we do not at all doubt but yoo w 
your duty. 

8ir £. Shower. My lord, before Jiha 
nesses are called we have a doubt to prapi 
your lordship upon this act of parliamenl 
that it| whether we are to take our «] 



^r High Treason^ 
lis indictineBt before the e?ideQce be 



A. D. 1696. 



[162 



giWi 



li ihouki properly be before the 



The words of the act, my 
* before the evidence gi?ea." 

That act proFides, That if you do 
be advantage of it before the ewi- 
I, jroa shall not move tb^t in arrest 
Hi. 

lower. It ooly says before evidence 
DO evideooe Ms yet been given. 

But you are certainly very irre- 
oint of practice, nobodv ever took 
to an iDuictmeBt after the jury was 



lowr. If your lordship pleases to 
da be read of tlie act of parliament, 
lese : Thai no indictment shall be 
oaleaB exception be taken in the 
e the tml shall be, before any evi- 
ti in court upon that indictment. 

sav, strimgly implies, that the law- 
ugnt it m^t be done at any time 

eTidence was given in open court, 
1ft the law takes notice that after 
it shoold be of DO avail ; it would 
a rery improper expression beibre 
iven ID open court, if it bad meant 
fory were sworn and charged ; for 
evidence supposes the trial com- 
f they had intended it otherwise, 
tat it should be before the jury is 
ey woukl have expressed it to be 
i arraignmeot : but mentkining it te 

the court where the trial is to be, 
ience given, that supposes the in- 
» be at issue h^ore the party needs 
is exceptions. Therefore, my lord, 
'e are regular in offering our exoep- 

Pray, what say you lo it, Mr. 

a. Truly, ro)r k>rd, I think they are 
jTular ; for, with submission, I take 
High this Act of Parliament has in- 
!ni with several tilings which were 
Ue by law before, yet as to this part 
Mil aflowed to take exceptions to the 
:, otherwise than they could before 
IS passed : nay, so far from that, that 
Isbip looks into^tbe act, you find they 
ned in this point from an advan- 
tbey bad before, that is, they 
move any such things as are 
itioned, after verdict in arrest of 
; so that this part is restrictive to the 
ind lakes away some advantage that 
fore ; which was, moving in arrest 
sot slier verdict ; but it leaves the 
rceptioBS as to any time before the 
it was before, which was beibre plea 
Ml not aiVer the jury sworn : for it 
denied that in point of practice, such 
this that is now offered couM not 
dane before the act. I would be 
ow whether they can shew any pre- 

nii. 



cedeirt of any such thing as they now contend 
for. They say, the words of the act are, excepi> 
tion must be taken before evidence given ; but 
that must be taken at such a time as t\iej 
might by the course of law do it before : for 
when the jury is sworn, they must give a ver« 
diet, and I do not know how ihey can be dis- 
charged without giving a verdict ; therefore 
unless the act had given directions for a parti- 
cular manner of proceeding in this matter, 
which it has not done, your lordship will not, 
1 presume, do it in any other manner than as it 
was before the act made ; and if there be no 
precedent to be shown of any such thing as 
this, of taking exception to an indictment after 
the jury sworn and charged with the prisoner ; 
then there is no power in this Act of Parliament, 
given to them to take exceptk>ns to this indict' 
meut at this time ; we take it the motk>n is 
very irregular upon all accounts. 

60/. Gen. My lord, we first say, that it is not 
proper for them to make any such motion aa 
this upon this Act of Pailiament, till they tell 
us what their exception is, that we may see 
whether it be within the words and meaning of 
this Act of Parliament. The only thing now 
that is proper for us to consider, u the issue 
joined, and the inquiry whether the prisoner at 
the bar is guilty of the high -treason of which 
he is indicted, to which indictment he has 
pleaded Not Guilty : that is the thing that is 
now before your lordship to be tried, they have 
room for exceptions to the indictment after- 
wards, for some exceptions T mean, (I do not 
know what their exceptions are) but if they be 
such as may be taken after the verdict, then I 
am sure they are irregular now in their motion, 
and they can shew no precedent, when it was 
done after plea pleaded and issue joined, as it is 
in this case. 

Mr. Conyers. The advantage that the act 
l^ves the prisoner, of having a copy of his 
mdictment so long before trial, is to enable him 
to plead, or to take exceptions to quash it ; but 
I never heard a motion to quash an indictment 
after a jury is charged to hear the evidence. 
Certainly they ought to do it before plea 
pleaded, and not now to come to make a motion 
to quash the indictment, after they have pleaded, 
and the jury sworn : therefore we suumit it, 
upon the constant practice in like cases, to the 
jud^ent of the court. 

8ir B, Shower, In answer to that which Mr. 
Attorney hath said, that it is an improper time ; 
I thought truly 1 had moved it for the advan* 
tajype and ease of the king*s counsel, that they 
might not proceed upon this trial, when per- 
haps after all their trouble, the foundation, 
which is the indictment, may fail. I have a 
great many exceptions to timiiidictment ; they 
say we should name what our exceptions are : 
I will acquaintthem with them as fast as I can; 
if your lordship please, the indictment is very 
louse and uncertain. 

L, C, J, Certainly the motion is irregular in 
point of practice. 

8ir B. Shower. My lord, we weieafinid, wt 
M 



163] 



8 WILLIAM m. 



Trial of Ambrose Rookwood, 



[Mi 



■houid be excluded from taking these excep- 
tions afler the evidence given. 

X. C J. ^ you are by the express words of 
the act. 

8ir jB. Shoicer. Then certainly we may do it 
before the evidence given. 

JL. C. J. But the act does not say, ye shall 
do it any time before the evidence given, ospc> 
cially in such an irregular manner, after issue 
joined and the jury swoni. Suppose Mr. 
ikttorney had given some evidence. 

Kir B. Shincer, Then, my lord, I ngreo we 
had Ijeen without the words ; therefore I now 
move it before the evidence, because the Art of 
Parliament has given me liberty to do it betbre 
the evidence given : fur the law having given 
this liberty to tlie prisoner, to make such excep- 
tions within such a time, your lordship wdl 
not restrain us from making use of that liberty 
further thmi the law has restrained, but we 
may make use of our exceptions betbre the 
evidence given, eillier to induce your tordship 
to quash the indictment, or the iary to find us 
Not Gujily, as we hope your lordship will direct 
them to do : for what is more common upon 
indictments after the jury are sworn, than if 
facts appear ii|h>u the record not to be suffi- 
ciently alleged, the court will direct the jury to 
find the party Not Guilty. We think this net 
does give us this liberty, othetwise I know not 
to what purpose it was made ; the rery mean- 
ing seems to be, that the exceptions of the 
counsel for the prisoner might be of prejudice 
to the king ; and therefore it says ailer the 
king's evidence given, and the fact discovered, 
no such exceptions shall be mode : therefore 
we must make it l>eVore the evidence gi^-en, 
otherwise this Act of parliament, that was de- 
■igned in favour of the prisoner, will jprove a 
very great hardship upon him, especially in 
case of an imperfect indictment, as we appre- 
hend this is, and he will be in a worse condition 
than ever he was ; he must take his exceptions 
now or not at all. The act says, he is not to 
take it after evidence given ; and by construc- 
tion the kind's counsel would have it, tliat he 
should not give it before : and consequeDtlj he 
lias no time at all to give it. 

L. C. J. Have not you had time to do it be- 
fore now, sir Bartholomew Shower? Cer- 
tainly you had. Yon had time thb day seven- 
night, when you were arraigned ; you have 
had vour opportunity if you vrauld have taken 
it ; the jury are now charged, the indictment is 
opened, they have been told what they are to 
enquire of, and now you would break in and 
take exceptions to the indictment. 

Sir B. Shoacr. My lord, this is a new act of 
parliament, it says we shall take our exceiitions 
before the evidence given ; which we take it, is 
any time liofore the evidence given; and if 
your lordship will not allow us to do it now, it 
may be, we may lose the benefit of it absolutely. 

Z. C J. It is one question whether we shall 
allow it or no ; and another question whether 
you can claim it or no : certainly it is an irre- 
gular notioD, and the likeof it wu neier eiler- 



ed in any case before, be it criminal or civil 
for if it be a criminal case that is not felony o 
treason, when the issue comes to trial upon ai 
indictment, did you ever know any exoe|Mioi 
taken to the indictment afler the jury wcv 
cliHrged ? Certainly it is contrary to an prae 
tice ; and it is not fair, the court is not «d 
flealt with ; you have had an opportanity be 
fore, and will you now put tlie court and thi 
jury to Ko great deal of trouble, to stay till tb 
jury be called ovrr? The prisoner called lo -ki 
chaliciiiircs, he has challenged thirty -four, th 
jury is sworn, the indictment is read to i ' 
the charge given ihem, the connsel have i 
ed the indictment; and now when the hm 
is only to try the issue with which the jury an 
charged, you come to turn us quite round, bg 
taking exceptions to the indictment. 

Mr. Vhipp$, My lord, we take it the M 
gives lis this time to do it in. 

X. C. J. You know you had another tim 
more proper to do it in. 

Mr. Phipps. My lord, if we have not tin 
now ; then this clause with humble snbmiMsii 
signifies nothing at all. 

£. C. J. The clause was made in thiiM 
pect, to your disadvantage, because you ahiMl 
nave a copy of the indictment, whereby JMJ 
might have an opportunity to advise with OOH- 
•el, that they might instruct you how to jMj 
and to take any manner of exception MM 
plea pleaded, it ought to be before the tridi M 
now because of tliis advantage, it nrovidei Ari 
you shall take vour exceptions before the M^ 
and not move Uiem in arrest of judgment, Ai 
is the meaning of the act. 

Mr. Phipps. Then, my lonl, there needed n 
time at all to be mentioned in the act, but hail 
left It at ft was at common law. 

JL C. X Yes, yes, there did need a time,! 
be limited ; for this clause was made 1 lay i 
yoor disadvantage, in depriving the priaonerc 
the benefit of such kind of exceptions in arm 
of judgment, because of the advantage tin 
was given in the fbrmer part of the act, wb€f 
yon had time nven you to make, your eseq 
tions, for which end you are to have a copy I 
the indictment five days before you are calledl 
plead. 

Sir B. Shfmer, We could not come beftn 
my lord, as we apprehend, because the moii 
of tlie act are " berore evklence given." 

L. C. J. But I tell you, this clause watai 
foryonr benefit, hut for your disadvantage. 

w B. Sh9uer, My lord, what wc press ann 
firom the very words of the act of purliament, 
the meaning of the law -makers was ais fl 
king's counsel now contend to have it ; dn 
would never have used those words ** beAl 
evidence gi\en in open court," but haveia 
they should have had no advantage of the Ca 
ception, unless it were before plea pleaded: 
does not say it shall be uf^er the verdict, or v 
fore the verdict, but l>efore the e\'idenee givci 
now if they had meant what these genUeiM 
say, they would have appointed it to be bcAi 
the Terdicti which would have included d 



Jw High T^-eoiOH. 

ituam then it had been like the penning 
•cfi of parliament, the statutes of Jeo- 
d the like, whicb saj, that after a ver- 
ih and such exceptions shall not arrest 
cot : but if they can shew me any sta- 
: is penned like this, they give me an 
all those statutes are, that no judg- 
all be arrested or delayed upon such 
exceptions after a Terdict : but here it 
ly sball not arrest judgment, unless 
ptioD be taken before evidence given in 
irt. My loni, we submit it to you, we 
9 law-niakers did intend somewhat by 
ticalar way of expression, different 
olber acts of parliament ; and truly if 
as we offer to your lordship, wc think 
ive no meaning at all.- 
ren. Truly, my lord, we think it is 
in what the pariiament meant, by this 
B ibis act ; the design was, to restrain 
ner froan moving in arrest of judgment, 
•pelUurr, or false Latin, or little matters 
if he did not move it in a proper time, 
udi a liberty allowed him, as to have a 
the indictment sa many days betbre 
ompelled to plead : they insist upon it, 
words are, belorc evidence given ; it is 
what can be the meaning ot that? It 
at such time as the law allows ; it is 
dog a new method of trial ; you Aall 
vpiion before the evidence, that is, be- 
trial, for it can never be intended, that 
not to alter the course, and let the 
bl«ak in between the timeof the jury's 
som, and the evidence given ; that by 
oald ever have been done before. 
. Skimer. Pny, Mr. Attorney, when 
«■ have us do it? 

Gen. R^iilarly before plea pleaded, at 
se before tlie jury be sworn. 
/. Undoubtedly this is not regular, it 
vy to all the course of practice, it is 
dealiog with the court. But tlien there 
wr consideratioB in the case, that I 
lave you think upon: if so be tlus had 
a trial by Niti Priut, then the judge of 
"tatf is only to try the issue ; but now 
e very record is before us, and we are 
if the record, as well as we are to asist 
f in trying the issue. Now take it in 
ler case of the like nature ; suppose a 
Ihe bar in any civil cause, though this 
wry to practice, and the court not fairly 
(tb, vet when we have the record before 
fina an error in the record, cannot we 
be indictment and discharge the jury ? 
the question, Mr. Attorney, though I 
Dttfcas, I do not know that it has been 
Me. 

Gem. No, my lord, in a case of treason, 
ibc jury are once charged, they are to 
rvdict, they must either acquit or con* 

L Mower. It was done in Whitebread's 



ifiL 7, f. 311 of, thii Colkctwn. 



A. D. 1696. [166 

Att. Gen. But I know what has been usu- 
ally thought in that case, and 1 believe they 
cannot shew me another. 

L. C. J. Nay, that this is a very irregular 
motion, is very plain. 

Sol. Gen. Certainly, my lord, you must 
take it as the Uw was before this act, for this 
clause does nothing for the prisoner, but is 
against him. 

L. C. J. I know it is not for the advanta^ 
of the prisoner, therefore I put it as a case in 
an action, or an indictment, as the law was 
before, whether this being a trial in the same 
court where the indictment was found, and we 
find an insufficiency in the record before us, 
whether we cannot quash the indictment? 

Sol. Gen. Your lordship mentions civil ac* 
tions ; with submission, nothing of that kind 
could .be doiieafler^oncethe cause came to trial, 
but in criminal causes accordinfi^ to the course 
of practice, which will always be the law till 
|Mu-ticular1y altered ; I believe nobody can pre- 
tend that after issue joined, and a jury charged, 
any one can move to quash the indictmeDt, I 
think I have heard it often said in this court, 
that in capital cases, as high-treason, you may 
put in a plea in abatement of, but not a motion 
to quash an indictment; 1 am sure it was 
disallowed where I moved to quash an in- 
dictment of murder, let them but show any 
precedent of this nature. 

Sir B. ShotDer. We will show you, though 
this is the first case upon this act of parliament, 
therefore to show any practice upon it would 
be very hard to require of ns. 

L. C. J. But can you show it before this 
clause in this act of parliament ? whicb, as I 
told you, is not for your advantage ; it does 
not ^ve that liberty that you desire. 

Sir B. Shower. All the clauses in this act 
of parliament showed their intention was 
this, that the sense of the law- makers was^ 
that we should have this liberty at any 
time before evidence given, for it there lie 
such words as showed they thought it 
might be quashed at any time, though they 
were mistaken in the practice, yet we shall 
have the liberty that they intended us ; and 
the wording of this act shows, that the parlia- 
ment thought it might be done alter tlie trial 
begun, before evidence given, because they 
restrain us from taking those exceptions after 
the evidence G^ven ; and it is no prejudice to 
the king at all really, it is rather for the ad- 
vantage of the prosecution, because there is 
none of the evidence disclosed, and therefore 
if the indictment should be found faulty, still 
the evidence remains undiscovered upon ano- 
ther indictment ; and 1 have often heard It 
said at this bar in cases of indictments for fe- 
lony or treason, as murder, or tlie like ; if any 
one did come as amicus curiae and acquaint- 
ed the court, that they were ^iiig to proceed 
upon an erroneous record, or give an erroneous 
judgment, or do any other erroneous act, he 
ought to be received with kindness, because 
he would prevent a wrong doing. 



l&T] 



8 WILLIAM UL 



Trial qf Ambrose Rookwood^ 



[UB 



L. C. J. Tliftt is ID the proper time, not to i or aoy such notorious crime, till after' the lad 



interrupt the trial when thcjiiry is once sworn. 
p Sir B, S/iOicer, We are rcaily to oflTer our ex- 
ceptlons, and we ho|u: it is no preiudice at all to 
the kin^;^ before the evidence of tuetact isf^iven. 

Air. Fhipps. My lord, I perceive that this 
clause, as they w oiild have it, is iutended to 
prevent us from moving that in arrest of judge- 
ment, which we could have moved l»efore, aud 
ties us up to do it betbre evidence given ; now 
I would fain know, if we could not before this 
act move in arrest of judgment for mis-spel- 
lingf, or false LsUin, or improper Latin. 

^U. Cim, You mi^ht, no doubt of it. 

Mr. Fhipps. They say we might ; why 
then, if we could have a 'time to move it af>er i time, that then they should take their 
the verdict, aud that lime is abridgeil hy the '. tion and no other time : The act has only Hi 
act of parliament, which directs that it shall | a bound, that ihey shall not do it afterwurii | 

but as to the particular time, it is left as it 1MI 



determined. 

L. C. J. No, we were always of that «|pi- 
nion, never to allow motions to quash indict- 
raents for perjury, murder, or any great of- 
ience, but it must be moved in arrest of judfi 
ment afterwards. 

Mr. Cowper. My k>rd, these geatlciMi 
seem to beg the question u|»on this ad of ysr 
liament, as if it had apiiointed this lo be thi 
time of making exceptions to the indictaMBLj 
the act of parliament does not say yon ah4 
make your exception immediately^ Mibre tiM 
evidence given in open court, as if it had fumtk 
ed out and directed to them that partieahi 



be before evideuce given in open court, surr; 
we may take any time befto'c the evidence 

SVen, aud shall not be restrained further than 
e letter of the law has restrained us ; for 
this act was intended for the benefit of the sub- 
ject, and ought to be construed as much in their 
favour as the letter of it will permit. 

Ml Cen. No doubt of it, it is to be done 
before evidence given : but the question is, at 
what time it must l>e l)cfore the evidence given, 
whether it must not be at such time as by the 
course of practice and usage of the law it 
should ha\ e been done before ; if you will sa- 
tisfy my lord and the court that ever such an 
exception was taken, or an indictment quashed 
between the swearing of the jury and the giving 
the evidence, ye say something ; but 1 be- 
lieve not one instance of tliat nature can lie 
given, and therefore it is very irregular for 
lem to do it. 

L. C. J. They do not pretend to it, for aughl 
I bear, for 1 would put tnem upon it, to show 
ine whether they could do it before. 

Sir B. Shou'tr, I do not question, my lord, 
but it might be, with submission. 

Mr. Conifers, Did you ever know it before 
that any one undertotlk to inform the court as 
amictu curids^ but it was to prevent a wrong 
judgment ? And for that you have your pro- 
per time either before plea pleaded by motion 
to quash the indictment, or after \erdict to ar- 
riist a judgment ; this act of parliament han 
restrained you in particular instances that are 
mentioned from doing it after verdict in arrest 
of judgment; but having given you a copy 
of the mdictment before you pleaded, ^ou have 
had a pro|>er time to make these exceptions ; 
and if you have laiiscd your time you come too 
late to do it now, for sure nobody eicr made a 
motion to quash an indictment atter issue join- 
iBd, and the jury sworn. 

Sol. Gen. My lord, I would only mention 
one case, and that was of sir Richard Mausell, 
upon an indictment of murder, for killing the 
apothecary in llolborn ; I dicl myself move 
to quash the indictment, because it was not 
expressed in what year of the king the fact 
was done: but the court was of opinion we 
iould not move to ^ua^h an indictment for that. 



before to the nyular course and method of piti 
ceediiigs, which is before plea pleaded. < 



Mr. Fhipps. My lord, they do not aDMNi 
my objection ; it is, it seems, a restriction sf -| 
liberty that we had before of moving in aili4 
of judgment ; if so, we ought not to bo it> 
strained further than we are by the words of Ikl 
act of parliament, which say, before evidsM| 
given, that is, at any time before evklenoegirMi 
as well aiiev as betore plea pleaded. 

Sir B. Shoicer. I would sak these gentls— j 
whether the law-makers intend«l that m 
should have no advantage of excepting agSBII 
false spelling aud improper Latin ? 

BIr. Conifers, Yes, they did, but that }« 
should do in your profier time. 

8ir B. Skotcer, Then the time for doiag 1 
must be that whieh the wonls of the law i^i 
before the evidence given in open court, SM 
that is now. 

Mr. Coni/er$. No, you might have come i 
the day of arraignment, and have taken the ad 
vantage of it then before you had pleaded. 

L. C. J. Ye hare had my opmion whsft ] 
think of it, my lords and brothers, I auppan 
will tell you theirs. 

L. C. J. Trebi/, My Lord Chief Justice hi 
delivered his opinion' in this matter, and b 
thinks fit that we slM>uld deliver oura. I thid 
this motion of the prisoner's counsel to quad 
this indictment after the jury sworn, is iii« 
(j'ular and (juite out of season ; the intent I 
tliis clause ui this act of parliament, certaiil 
was not in favour of the prissoner ; it abridgsll 
him of a liberty he hail la'fore, but gives Ui 
nothing: for the law-makers did think tba; 
had given the prisoner an extraordinary fovM 
in the foregoing part of the act, in giving hii 
a copy of tlie indictment five days^ before h 
should plead, aud a copy of the pannel twodaj 
before he should be trietl, and allowing hn 
counsel : and all these advantages were I 
enable him to auash the indictment, or fl 
process returned, for the clause extends I 
both ; the words are, ** That no indictment M 
process or return thereupon, shall bcqumhi 
on the motion of the prisoner or his counsel fi 
mii-writing, mis-spelling, false or impinp 



fit High Treoion. 

ilm eareqitioD concerning' the same be 
dJ made in the respective coart where 
al shall be by the prisoner or his coun- 
rami bcffire any eridencc £fi?en in open 
lon siich indictment, norsiial) any such 
Kin£r, &c. after conviction be any canse 
ladgment :" Tlierefore they made this 
tioary profision to restrain the pri- 
n part, by this clanse; as much as to 
have m advantage of the copy of the 
9ity and you may make use of that to 
by motion, if you think fit, as you ma^ 
I process* but it shall be * beforo evi- 
ivcu.* It is true, those are the words, 
osinir that term, viz. * quashing' such 
eot or process, shows it must be done 
a way and time as is proper for quash - 
d the very words are, that it shall be 
scion. Now we are to ex|H>nnd those 
And 1 say, a motion to quash an in- 
ty mast be' understood a motion in the 
aeasoo, which I think is before plea 
; hut at least before the jury is sworn. 
iere three times when the prisoner 
ia%e had the advantage of a fault in the 
ait before this act. 1. By motion to 
before plea pleade«l. 8. Then af^er- 
I arrest of judgment : and 3. Af\er that 
of error. Now this clause of this act 
ray the privilege of moving in arrest of 
Bt for mis-writing, &c. but saves the 
ge upon a writ of error, and upon a 
to quash the indictment. We are to 
r what is a proper time for a motion to 
■ indictment; the motion is to be made to 
1 and to them alone. It is not to be made 
ovrt and the jury. When the jury is 
il application is to be made to the court 
■g a jary prevent which they are to as- 
tW trial and determination of the fact 
I'bat use then is there of the jury, when 
ie this motion, which consists only in 
flaw? They mustbtand by and i>e*out 
* all the while this motion is makiiij^ : 
I n«>t reasonable, nor certainly ever was 
d, that af\er a jnry is sworn to try a 
nf fact, they should stand idle while you 
Ihitt^ which you should have moved 
they came to the bar: suppose you 
DOW move some exception to tlie Venire, 
trstnrn tliereupon, should we, when we 
•V also have admitted the jury to be 
quash the process whereby they are re- 
f And yet we may as well do that as 
For, Uie act provides in the very KSine 
sofH-eming quashing process and indict* 
But wIkd the jury is sviorn, and 
o receive their evidence, sure, then it is 
ill seamn to make such a motion ; there- 
do not think the pariiament intended by 
ia«e (which was a kiml of exception to 
uar the prisoner received by having^ the 
fthf! indictmeni) to institute a new me- 
' proceeiliD|(s fur motions to quash in- 
nls, even when a jury is at the bar and 
!• try the issue, and there is nothing 
ID ht p rpcodad upooi but ODly to bear 



A. D. 1696. [170 

the evidence produced for the proof of that 
issue, till the jury b dischargeii. But still 
this I would say, this is a new case, and 
upon a new statute. I am tmly of opinion, 
that the motion is altogether unseasonable 
and irregular, and it should have been 
made before, and j^ou had a full oppor* 
tunity to make it this day seven -nif^ht before 

Elea pleaded, and you might likewise to day 
efore the jury was sworn ; therefore when the 
jury are now at the bar actually entered into, 
and employed u|>on the service, the court 
ought not to lie interrupted by such a motion. 
Yet nevertheless 1 would propound this, that, 
seeinj( it is a new case and uiK>n a new statute, 
the court would forgive the irreg^nlarity, ^fur 1 
think it does need forgivcn(.f)s) and if the king's 
counsel will consent to it (to prevent any error 
or any pretence of hardship u|k>u a new law) 
that we should hear thf ir exceptions. 

L. C. Baron. (Sir Edward Ward). This act 
of parliament, as it has given a benefit to the 
prisoner that he had not before, in allowing him 
a copy of his indictment, in order to his making 
exceptions ; so it has restrained him as to the 
time of makin<^ those exceptions : that he should 
have time, there is no doubt: the time limited 
for it, as this act says, must be before evidence 
given, because they th<iught it unreasonable that 
there should be any qiiasinng of the indictment 
after such time as*the king had given any evi- 
dence whatsoever in the case ; for that would 
be a discf ivory of the king's evidence, and great 
inconveniences would ensue thereupon ; but 
the questiim is at what time this is to be done ; 
whether it may be at any time hefbre evidence 
gfiven or no ; it did intend surely that the mo« 
tion to quash the imliclniout and the exceptions 
to it mi^rlit have their proper effect, and that 
must be before the trial ; for it was not the in* 
tent of the act to alter the metlio<l of proceed- 
ings, and it is to no purpose af^er the jury is 
sworn, for then their proper office is to deter- 
mine the fact ; now if before this act of parlia- 
ment it never was allowed to take any such ex- 
ception as this after the jnry sworn, it will be 
consistent with the words of the act of pariia- 
ment, which are, * That it shall be done before 
* evidence given*: if then it be in the regular 
time for motions, which is before plea pleaded 
or jury sworn, that is, before evidence given ; 
for it is not said, as Mr. Cow per observed, that 
it should be immediately before the evidence 
given, I think sure such an exposition as was 
Ibrmerly made ought to he made in this case, 
the time not being precisely fixed by this act ; 
if there were a certain time determined when 
men should take their exceptions, as we know 
it has been in practice before issue joined, then 
af^er the jury is sworn it is an improper time 
then, I think, to make such exceptions : I do 
not suppose this act, as to the method of pro^ 
ceedings , than it was liefoi-e, but this ex- 
ception ought to be taken before plea pleaded : 
tmly it is a new act of parlinment, and this is so 
far within the words of the act that it is before 
evidence given, as the couiwel for the prisoner 



171] 



8 WILLIAM III. 



Trial ^Amiroie Raohoaod^ 



[17J 



say. If this can be governed and ruled by 
proceediog^ and pracUce in former timtis in 
cases not of feloay or treason, but oaly in cri- 
minal cases : If nobody should suifer bv any 
interpretation, I should think it oujjrht to bear a 
conformable construction to what the practice 
"Was before. 1 lake it you have lost the re^lar 
time for makings your exception, and you iiifert 
the whole method of proceedings u|>on trials : 
for to what purpose is it to take exceptions to 
quash the indictment when the jury are once 
char^^d with it ? If it be an indictment that 
ought to be quaslied, the jury ought not to lie 
cliarged, 3'ou have had two times, and they are 
both of them elapsed, for this matter, that is, at 
the arraitjrnineut, and before the jury sworn; 
yet I woiild propose it to the kind's counsel as 
my lord chief justice of the common pleas 
has done, it being a new case, that it sliould be 
better considered of and agi-eed upon, that in 
these cases we mav cro on upon a certain rule 
that it may be established for all time to come. 

Just Nevilr. 1 would begin with the pro- 
posal, because, I believe, I may not he so clear 
m my opinion, otherwise I must df^Iiver my 
thoughts according to my judgment, but 1 
ivould have tlie king's counsel consider of the 
proposal. 

Att, Gen, My lord, for us to consent to that 
in such a case as this, where the court thinks it 
not regular, would be pretty hard to desire of 
us; if any thing of advantage should happen 
on the other side, I verily think the counsel for 
the prisoner will notl>e so ready to consent to 
wave any such advantage, nor am I for asking 
them to do it ; this clause goes only to some 
faults in the indictment ; mis-spelhng, mis- 
writing, false and improper Latin, that is all that 
they are restrained from moving in arrest of 
judgment ; any thing else, any uncertainty or 
other matter, that is not compi-ehcnded under 
these particulars, they may take advantage of 
to move in sluy of jads;tnent at'ur u verdict ; 
this clause does only abridge them from moving 
in arrest of judgment for ums- writing, mis-spel- 
ling, false or improper Latin ; therefore ii' your 
lordship should think it reasonable we should 
consent to let them in to make any exception 
now, it must be confined to those particular ob- 
jections of false and improper Latin, there can 
be no colour to make the liberty larger, because 
for any thing else thev are not restrained from 
moving it in arrest of judgment, for there can 
be no hardship in that case, as I think, they 
have no reason to complain that there has been 
in «ny other |mrt of the case; but for thase 
particulars that there may he no complaiut of 
nardship, if your lordship thinks it reasonable 
we should consent, it may be we may be pre- 
vailed upon to do it, though whatever hardship 
does liap|)en it is their own fault, and the pri- 
soner may thank his own counsel for that hard- 
ship : if we assist them now to let them in, it 
ouj^ht to be taken as « ff i*^' kindness ; and 
truly, my lord, 1 am unwiiling to do any thing 
that your lordship and the court should think 
bard open the pnaoner. Certainly it ia the 



ftult of their own oounael, now the law baa al 
lowed the prisoner oonoadi, not to take tb 
proper time, and parsue the naual piaihodi 
and it is a strain beyond what ia iiraal, that w 
must help theur faults by oar consent ; howeva 
if the court think it reasonable, I shall not hi 
against it, but then I am sure the court w|] 
tiuce care they shall be confined to thoae parti 
culars that are mentioned in the act. 

X. C,J. No doubt of it: Therefora air Bai 
thobmew Shower, are your exoeptiona for am 
spelling, mis- writing, or false or impiepi 
Latin f for if th^y he such things as yoo nun 
move in arrest of judgment and hare thaiai 
vantage, then there is no colour that we ibonh 
break through all the rules of prooeedii^grl 
admit such an irreguUir motion aa this. 

Sir B. Shower. My lord, in the caae of lb 
life of a man I will not take upon me to ag 
what is mis-spelling, mis- writing, or fidie f| 
improper I.Atin, or what is substantial ; .bol d 
that I say is, I have five exceptions, ereiy ev 
of them imports a doubt, as I take it, wortly 
the consideration of the court, and some of ihgl 
effectual enough to quash the indictmeni ; bri 
for me, when a man's life is at stake, and J 
partly depends upon me as his counsel, te ■■ 
what is pro|ier or improper Latin, or toadauH 
to be matter of substance, and then to-monei 
to have it come and told me, you should ban 
moved this to-day, then I am sure they wmH 
have reason to say, it was the fault of tbe pA 
soner's counsel; for he would have dMH 
very ill counsel, in me, I confess, if I abod 
consent to put any such disadvantage apH 
him. 1 beg the favour that I may have tbaJb 
berty to propose my objections, which I thai 
are worth considering of; it is for the adfl» 
tage of the king for us to take our exoeptiw 
all together, because, else, if any of them prM 
material, the trouble of the trial will be hi 
mispenceof time. 

L. C. /. No, we cannot hear all yoor ob 
jections, but those that are mentioned partiai 
larly in the act of parliament ! for such as Ml 
not mentioned in Uie clause, you have a pio 
per time to move them in arrest of judgmeoL 

Sir B. Shover. Then we will put tfaw 
that are within the act. 

AU, Gen. If we do any thing by way i 
consent in this matter, we must insist upon il 
that they lie confined to the particulars intb 
Act ; we desire they may 0|>en their objeetiM 
to the court, and if the court shall think thq 
are properly under those heads, then they wa 
consider ot them, if the court he ol* anothi 
mind, then they must be reserved till the pie 
per time. 

L, C. J. Do you consent then, Mr. Attorn^ 
that they shall now take those ezceptiona tbo 
are mentioned in theactof imrliament P 

AtL Gen, If the court think it reaaonahl 
upon those terms, 1 do. 

Just. Fawys, Let them open them if yea 
lordship please, and let us keep the power b 
our own hauda to do aa our discretioni ihal 
direct. 



fir High Treason. 

IVuty I do not know -n^kether we 
thing in thb matter, 1 question 
ler it be discretionary in os to 
rh ell the common method of pro- 
admit of such irregularities. 
reby» 1 bate a great inclination to 
lat we majr get rirl of these pre- 
itions, which I am apt to think 
Yened, disappoint the expectations 
raised by this mentioning them in 
t I have that opinion of the ability 
lection of the counsel, that 1 be- 
had had exceptions sufficient to 
lictment, we should ha?e heard of 
le more nroper than this now be- 
rearin;; the jury and giving evi- 
cro. But, possibly, the counsel 
t to make an essay, and try what 
•tit of ihis unusual expression in 

Vo, DO, 1 know tliis is a piece of 
oiirt is not well dealt with in it. 
Treby, Indeed 1 am very willing 
for that reason. 

look apon it only as mere trick, 
of art to take the opinion of the 

trrr. My lord, it was my mistake 
take it, if the act of parliament 
otherwise, they woold have ex- 



A. t>. 1696. 



[174 



oes the act of parliament give you 
tVy and a greater than you had 
It not deai^ to abrid^ you of a 
oa had before ? Ortamly it never 
t the court should admit of any 
ceediugs. 

f//. You should bare timed your 
r ; for certainly now the jurr is 

must give a verdict either ofac- 
vietion ; and if you move to quash 
nt, and your exceptions are ma- 
ry cannot proceed ; you see what 
motion has brought it to, 'tis cer- 
fity irregular motion. 
yehy. What judgment would you 
ire? I would ask you that: if 
on were moved before the jury 

and it proved material, the proper 
nv, that the indictment be quash- 
r they are sworn, what judgment 
re ? Must we not expect the vcr- 
iry first upon the fact ? And must 
e judgment upon your exception P 
ouer. I know not whether your 
r not give judgment first to quash 
at, and then discharge the Jury. 
Freby. And what if we do not find 
sh it, then you will say, we must 
he evidence, as we were going be- 
rfering ? Are we to be doing two 
ee? I am pretty certain you can 
precedent for any like proceedings 
it is confbuncung the offices of 



i^"i7, 



p$. If your lordships tried the va- 
r exoeptioDii and nnd occasion to 



quash the indictment, there wiH be no need of 
a Jury. ' 

L. C. J. Upon the statute of Jeqfailes in a 
civil cause, supi>ose at a trial at bar, it appears 
u|>on the face of the declaradon, that there is 
such a mistake as will be cured by the verdict; 
bntifthe party had demurred, and shown it 
for cause, it would have been fatal. Do you 
think, when he has waved the benefit of de- 
murrer and pleaded to issue, that you slialt 
move this and help yourself by such a motbn^ 
becanse it will be helped ai^er a verdict ? 

Sir B. Shower, It this act had been worded 
as that Statute of Jerfaiiet is, it may be we 
might not. 

L, C. J. Wh}', it is not said, in the Statute 
of Jeafailetf that it shall be good afler issue 
joined, before the jury is charged or sworn, 
but that it shall not be good afler the verdict. 

Sir B. Shower, It is before the evidence 
given. 

L, C. J, Could he do so in any case before 
this act, and does the act enlarge your libertyy 
or abridge it? 

L. C. J. Treln/, Sir Bartholomew Shower, 
you iesist upon part of the words of the act of 
parliament ; it suys, No indictment or process 
shall be ouashed upon the motion of the pri- 
soner or nis counsel, unless it be made before 
any evidence, &c. Now, I suppose, the par- 
liament use that expression, * upon the motion,* 
in the same sense as it is useil in law, viz. for 
such a one as should be in the time when mo- 
tions for quashing the indictments are proper- 
ly to be made ; now, when is that ? It is plain, 
it was always before the jury come to the bar, 
nay before the plea of the party. If that be 
the proper time to make such a motion, then 
that expression in this act of a * motion to quash 

* the indictment* will very well help to con- 
strue the other part of the clause that you in- 
sist upon : For if the motion be made before 
plea pleaded, it is certainly before the * evi- 

* dencc civen* in your sense. And 1 conceive, 
that under that expression [evidence givenj 
which signifies the main part, the parliament 
intended to comprehend the whole proceeding 
to trial, beginning, if not from the pleading 
Not Guilty, at least, from the Hwearing the 
jury. « Before evidence given in court,' may 
reasonably be expounded, * Before the prisoner 
« hatli fully entered into that contestation of the 

* fact, which is to be determined only' by evi- 
dence in court. I attended the court of Ring's 
Bench a long time, aiid I believe that 1 have 
heard it said a hundred times, upon motions to 
quash indictments of great or odious offences : 
No, try it, says the Court, we will not quash it, 
plead to it, let the fact he tried, ynu may then 
move it in arrest of judgment. Those expres- 
sions shewed that the pro|)er time for a motiea 
to quash an indictment was before plea, though 
they, in their discretion, would not grant a 
motion to quash, in cases of such great offences. 
But sure they did not think that when a jury 
came to the bar, it was a tolerable time to move 
to quash an indictment ; there was no expecta- 



8 WILLIAM m. 



176] 

tioD of lieariDg of jiucb a motion then. And 
certainly this clause which is made wholly 
against the prisoner, sliould not be construed 
to help him to sucli a new extraordinary and 
absurd liberty. 

Sir B. Shower, My lord, with submissioa, 
that practice goes upon another reason, the 
court would not quash it at ail u|)on a motion ; 
this act of parliament supposes that you will 
quash upon a motion at any time b^ore e? i- 
dence gk?en : We never heard of a motion to 
quash an indictment for felony or treason, bat 
atill the court would always say, demur, or 
plead, or move in arrest of judgment ; but by 
this law it seems the sense of the parliament 
was, that it mi^lit be quash t upon a motion. 

Sol. Gen, 8ir B. Hhower is come to what I 
said, that in truth there is no such thing as 
quashing: an indictment for treason or felony, 
as I mentioned in sir Rich. Mansel's case, and 
I think the rule that was given in that case 
will serve now in this case ; I am for consent- 
ing, if they be kept i>itliin the limits of the act 
of parliament ; but I must desire the opinion 
of the court before we do consent. 

L. C. J. Holt, Aye^ aye, Go on, brother 
Nevile. 

Just. Nevife, 1 must confess I cannot but 
doubt, as this act is, there were two times that 
tliey bad liberty of taking, these exceptions to 
indictments; but indeed, in murder and treason 
they were sehlom admitted, till they came to 
move in arrest of judgment; but still there was 
always a privilege, and a time given to the 
prisoner, be the crime what it would, to take 
that advantage which the law ^ave him, to 
prevent judgment against him. Now I agree, 
It is irregular and unseasonable to offer it now, 
and quite different from all former practice; 
you might have done it before now, the act 
says expressly it must be done before evidence ; 
but you might have taken advantage before tlie 
jury was sworn, nay belbcs you had pleaded, 
but you have lapsed your time. Yet truly, 
notwithstanding y<>" ^^^'^ lapsed your time, I 
cannot satisfy- myself to take away the liberty 
that the law has given the prisoner sometime 
or other, to except against the indictment. It 
is plain that before this act, after verdict he 
might have moved in arrest of judgment, now 
he caunot do so ; whether the tault be in the 
counsel 1 cannot tell, but the great prejudice is 
to the person that is to be tried, who will now 
be wholly precluded from making any advan- 
tage of the exceptions be has to the indictment, 
because by the act he cannot move in arrest of 
judgment. This seems a strong implication 
that the parliament intended he must hare some 
time or other, but before evidence given, to 
offer his exceptions. I say this only to those 
particular things that are mentioned in the act, 
mis-writing, mis snelling, false or improper 
Latin ; as to these four particular things which 
the party is barred from moving in arrest of 
judgment, I cannot satisfy myself but that he 
■hoald have one time or another to take thu 
advaatago before tho c? idence giTOOi mud thera- 
8 



Trial ofAmirose Rookwoodf 

fore I think he should haver it now : It ia 
it is altogether irregular, the jury being ■ 
and it ought to have boen done before ; 
hope if it bo admitted now, it u ill be witi 
observation, that nobody wiiKever offer a. 
time to come. An tbia case is before u 
the act of parliament, which perhaps ma 
led the counsel into that mistake, that it 
be any time before evidence given, ■ 
they know the proper time, and the ■ 
method in other cases ; yet I doubt it 
to put such a construction upon this acfe 
sudden, ^uite to debar the prisoner of M 
nefit of his exceptions to the indictmeoi. 

Just. Powell. I have already dedaB 
opinion, that the prisoner has had bis 
time for making his exceptions, but 
lapsed that time ; but 1 am not mfnm 
motion iu a case of life, upon ao indiotnr 
so great a crime as treason is ; and wb4 
oonitequence is so great, if it may <wdsxs 
the rules of law, and it be the sense^ 
court, and the king's counsel conaaat 
them be heani, I submit to it, nay I 
second or third that motion that they m 
heard. 

Just. Eyres, Truly I am of the warn 
nion, 1 think we ought not to alter the ti 
course of law by words of implication, b 
any further than the act of parlianaent doc 
press. The act appoints that a copy of d 
dictment should be delivered to the prison 
many days before, to enable him to mtl 
exceptions, and therefore deprives him i 
benefit of those exceptions af\er convid 
arrest of judgment. 1 see no words in tl 
of parliament that do alter the coarse of 
ceedings as to this matter, from what it i 
all civil and criminal causes before ; p 
must take their advantage of excepting ii 
proper time, but when it comes to issiM 
next thing to be done is the trial ; and ti 
must needs say the counsel are to blame 
knew this so very well, that it' they bav< 
advantage of excepting, they did not tak 
advantage sooner, it is their fault ; but i 
it is so, I am of opinion not to foreclose tfa 
soner, as the case stands. I would be 1 
of life, but at the same time I declare m; 
nion upon this act of parliament as the r 
my brothers have done, to prevent the obj 
for the time to come ; yet seeing there i 
misfortuue, and there would be auardshif 
the prisoner by the default and neglect 
counsel in the case of a man's life, I wo< 
so tender as to indulge them to make the 
jections now. 

Mr. Baron Powyt. I am of the same •; 
the prisoner has lapsed his time, for 1 1 
this clause of this act of parliament haa.D 
tered the common course of proceedings j 
I take it, it signifies very little in this ca» 
certainly it was intended to disable the pri 
and not enable him at all ; and theielb 
the case is, I think it very irregular an 
practic^le to introduce so great a noTol 
to admit the motion forqaashing thai 



in] Jbr High Treason* 

■«i,«bnithejiii]r k twoni, and when the 

Ad iitke ooljr angle pomt to be detemiiaed, 

iiri trciT tUnpebe ooj^ in legal course to 

raatbm or after, but for us to contbund 

MM, «• lime for pleading, another time for 

lriil,a<iMlber for arrett of judgment, all at 

eaee, arftihtTe a jury attending merely to 

hnr cMMd tt the bar moot points of law, 

«hiih iri[k be determined either before or 

rfbr Attml, iiw very irregular, that it really 

jgaihuM Mtbing but confusion, which courUi 

tfjriiBeNgluto avoid aboTe all things, and 

e^kliheep to the proper seasons that the 

kvibai. Therefore, truly, I think in strict- 

Mitf hv we oi^bt not to allow it ; but it be- 

i^iiiCMof life, and it being a new case 

9im I Mw Id of parliament, if the kind's 

otmI llub fit to consent, I shall be for it ; 

Vh^ I tkmk io strictness of law we cannot 

iU,Ga. My lord, I am Tery unwilling to 
^Ae pnNMf any advantage that he might 
fcwiri ty thiv act of parliament, though his 
•MiHa fcilipt the proper time; if sir Bar- 
Mkv Shower will say bis exceptions are 
H Mf sf the four particular heads mentioned 
■*■ Awe of the act of parliament, for we 
■■oifiDctheni to that, then we do consent 
Atf he Aoold make them now. 
^C /. Truly, Mr. Attorney, if you do 
^MM that they take their exceptions now, 
na^csonler of it whether it can be ; hut I 
**^*g fco* we could admit them to that li- 

[i****' ^''^ ^^ *^®™ ^ •"y i\img ma- 
JiWy Diy nMve it in arrest oV judgment. 
,Jf^^^, And I believe tliey won't say 
» ^ jWiuuj are ip slight, as to be only 
■^■fcrm ; they say they are substantial, 
"**iyeor lordship will hear them in a 

^^fiwfr. I do hot know whether I am 
**Miiithelaw, I am sure you are mis- 
fen ■ ike indictment. 

_f ^'- J- H ell, do you eonsent to let them 
Hitfcdroijections, as to those four heads in 
■iflefjiafliameijl? 
da. GfR. ^'es, mjr lonl ; if it be any niat- 
kifrjbstaoce, that is out of the case at pre- 
^ ^ the provision of the act of parlianicut 
^*!y ^ mere matter of form, and I should 
**i^ uowilling-in auy point that is material, 
^■■k a prtfoedeot iu such a case as this. 
^C/. 1 confess if you bad consented far- 
"^iHoooiknow bow we should hare ad- 

I^C. J. Trek^. I tell vou how I thought it 
Wtbednoe ; you might have committed an 
*|khniy, for ii>liich in a case of life, and 
2*'Mw law, i believe aud hope we should 
"•k«« forgiven. 

^C J. Well, for my |iart I will not com- 
''"■rimgubuity upon any account whatso- 
^1 1 cannot see how by law thev can take 
ygyionsto the indirtment ; Mr. Attorney 
"Jl'BKnmli and '^' h« <K^* I ^ink it could 
rH nleasbe did also csonaent to discharge 
*!J*7i bat I ne they will Dot ofitr any ob- 

VOLXIIL 



A. D. 1696. [178 

jections according to your consent, Mr. Attor- 
ney, and therefore pray go on to open the evi- 
dence. 

Att. Gen. May it please your lonlship, and 
vou gentlemen ot the jury, the prisoner at the 
bar. Ambrose Rookwood, stands indicted for 
liigh»treason,yin compassing and ima(riningthe 
death of his majesty. Gentlemen, the overt- 
acts that are laid in the indictment to prove this 
treason, are ; that he, ton^cther with divera 
others, had frequent meetings and consultations 
in order to assassinating his majesty's royal 
person, and did provide horses and arms for 
that purpose. 

Gentlemen, the evidence that you will hear, 
to prove these facts that are thus laid, will be 
of this nature ; you will hear by the witness, 
that there has been for some years a design 
carried on to murder the king's person ; that 
bhis was discoursed of, nnd several debates and 
consultations were had about it the last year, 
some thne before the king went to FlanOera ; 
there was several meetings, where were sir 
William Parkyns, captain Porter, and Chjir- 
nock that was executed, and several others, 
and there they did consider in what way to 
take off tlie king at that time ; and you will 
hear they did expect a commission to authorize 
it from the late kin^ James ; but then the com- 
mission did not come, they had not any such 
at that time ; but they did tlunk dt to not it in 
execution without any such order and autho- 
rity, and therefore they endeavoured to have 
got a vessel to have carried them off afUr they 
had executed this bloody conspiracy ; hut it 
happened his majesty went to Flanders sooner 
than they thought, and they could not provide 
themselves of a security fbr*n retreat, aud so at 
that time the design was laid aside. 

Hut, gv-ntleinen, you will hear this conspi- 
racy was renewed, a*nd Ki:t on loot this %vinter ; 
and in order to the accouiplishmcnt of it you 
I will hear, that almut Christmas la^t there wertt 
several persons sent from France hy the late 
king James, on purpose to put this horrible 
desicfn in execution. Sir George Harcley was 
to be at the head of it ; he was a lieutenant in 
one of the late king Jauies's troops of guards 
in France, he wos sent over with a ci>mmission, 
and Mr. Hmiktvond, tlip prisoner at the bar, 
was a brigadier in the guards there ; these 
came over, and several oilier troopers of the 
late king James's guartl)«, by two or three at a 
time, that they mii^ht iiol lie observed; parti- 
cularly you will hear, that when sir George 
liarcley was roine over, s<*vcral troopers were 
sent hy king James hini*^elf to come to him at 
St. Gernmins : and there he told them he had a 
piece of service for ihcni to do in Kusrland, and 
that they should obser\e sir George llarcley'a 
orders and directions. !\|ore particularly there 
was one Harn« aud Hiire, two troupers in the 
guards, were sent lor by the late king Jamea 
into the late queen's bed-chamber at St. Ger- 
mains, where colonel Parker was present; 
they were told by the late king, he was sen^ 
sible they had lervti) hiin t'aithtnlly, and he 



1T9J 



8 lAlLLIAM lU. 



Trial ^Ambnte Ronkxaai, 



[M 



woold advizioe tbeni, aod he had now a pieee 
of fervioe for them to do, which woolJ enable 
him to do h. He told them they must go 
orer intu Engiaod, and be sore to obej sir 
Geor^ Barclev's directions ; and the¥ were 
ordered tu enjearour to find out sir George 
Barcley when they came into England ; and 
were told by him, that they would meet wa 
Geor{;e Barcley twice a week in Covent- 
garden- square, m the ercnine. and the token 
by which they should know him was, he 
w'ould wear a 'white handkerchief out of his 
pocket; this they were toM by the late king, 
when h^ sent them upon this errand. Cokmel 
Parker wai* by at the same time, and beioff 
there, be was' ordered to go to Mr. Carol, 
secretary to the late queen, who had order to 
famish them with monev to bear the charges 
of their j«fiimey into England ; and if they 
were detained by contrar}- winds, thev bad 
letters of recomin»riidaiion'to Monsi<nir Lsioar 
the French king*!-: president at Calais, to 
furnish them with money to bear their charges 
orer into England ; and aocordinsfly they went : 
bat being detained at C&lai.^ fur w'ant oV wiuil, 
they were fumishe-d Hy the French president : 
ancl by the beginning of February tliey came 
over, ' 

But I omitted one tiling, trt'ntlemen: Be- 
fore they came over, the late king when they 
were wit'h him took a list nut of his ptx;ket of 
names, and told these two. Harris nnd Hare, 
what names they should go by in England ; 
Harris was to go by the name of Jcckins. and 
Hare by the uame uf (jiiiny ; and accordingiy 
the%' came over in a boat, and landed in Kent ; 
and when they came lotuwn. they endraTnuml 
to find out sir Gcurge Barciev : The first time 
I thiok thev did not tind him ; hut tLe sciond 
time tlipy i\A find him ; an'1 he «a>uted them, 
and told them he was g)ad tri S4:e them come 
over, and he would fui'Dt^h them wi:h money ; 
and he sent major ilnlnu-s tu tl.nii ; aud ac- 
cording he d:J come , and gitc tiiriii subsis- 
tence-money. 

Now, geiitlemcn, ynu will hear that Mr 
George Barcley being cuiue uvLt with these 
troopers, and many others, to the number of 
sixteen, that at several times were sent upon 
this conspiracy ; I say. after they were come. 
sir Geursfe Barcley had frequent meetings and 
oonsuluuons with several other persons that 
were to be engaged in the same design ; and 
they met at several places, sometimes at cap- 
tain Forter's, sometimes at the Nag*s-head in 
Covent- garden, at anothir time at ibc: Sun 
tavern in the Strand ; and \ ou w ill find by 
the evidence, that the prisoner at the bar, Mr. 
Hook wood, was present at most of those meet- 
ings ; and there they did consult of the best 
ways and methods for puuing this conspiracy 
in execution; sometimes they thought of doing 
it by an ambush laid on the other side of the 
water, by persons ou foot, io a little wood thoe 
Dcar RicbnMNid, whtfe the king was to pan 



goards. This wi 
another proposal to do it'eoAiindetheivale 
and therefore to settle the matter ooeaft 
ooospiratora. King, waa aentto view thegrM 
oo the other side af the water; aod be i 
gkKy that be had feand a very proper plai 
and tbought il a Tcrr ooDTcnient lacikod ; I 
vet they ware nat'aU satisfied ; and at t 
SagVbead-tafcni in Caveot-gardca thcji 
debate the matter again, aad it was W D lfed 
have the gnmnd Tiewed again; Hid Fort 
and Kjugfatlcy, aod King thai was eaacHh 
went to vievrthe ground od both adea t 
water, to see which was the most eonvnii 
place ; this was about the 12th of Fetal 
they did take an account of the most eoM 
nient pbees on either side ; and when thej I 
ilone it, they came back in the erening to fi 
an account what they had done, to aaiv 
others of the conspirators who met far tl 
purpose; and I think the priaoncr atlbab 
3Ir. Rook wood, was present there at thia dm 
ing ; and you will hear, the place agreed ay 
was the lane that l^«ds from Tamham^ g i iM 
Brentfurd ; that they thought the moal « 
venient ptace, becan^ there were several ii 
iu aad about Tumham-grreo and Brealii 
where they might place their men by twa 
three in an inn, that they might not be In 
to obf ervation : This was the place tbMH 
appro\'ed of. 

Then next, the manner of doing it waitB 
considered and adjusted, and that wai ta 
that the whole number should be divided 
three parties ; one psny to be commaadn 
sir Gf o*^e Bardev to attack the coach aaft 
the king and all tliat were in it, while aH 
same time the two other parties, to be ^ 
manded by captain Porter, and Mr. Rook*- 
the prisoner at the bar, were to set 
guards ; and ih*; time agreed upon to _ 
execution was the 15ih of February oa 
day. that being the usual day the* king 
to Richmond a-hunt:n?; and you wiU 
that on Saturday morning they met in si 
parties, not all together, hot under the 
heads nf the parties, in order to be 
the kio^ had gone out that morning, to 
assassinated him. 

Gentlemen, I say, \ou will hear of e^ 
meetings that d^ty ;' tliere was one meets J 
>lr. C'haruock*s, where were present 
Purter. sir William Parky ns, and several ocJ 
and another meeting vou will hear of, w^ 
the jirisorier at the fiar was present, ^ 
lodgings of oue i'uuuter. another of 
James*s friends, that came over for thi^ 
pose ; and there was sir George Barcley' v 
there was the prisoner at the bar ; and ^ 
that were to be under sir Geoige's ooKaH 
met that Saturday moming, in order to ^ 
ready, in case tlie king liad gone abiug* 
have attacked him : you will 'find by tla« 
dcnoe, that the prisoner was there; aadfY* 
that was one of the troopers sent over ^ 
Fianoc, was tent for, and came in and i^ 
thaabagicathany; for Harrii was ii0^ 




fir High Treason* 

\ Willi ibe immediate 
^1^ die king ; but (inding 
be ftsked tbem what 
ftlicy tubl Uiiii tbev vere 
Bdiaidv upon ihe dvsigfn, 
I asked wbal it was ; mid 
tliey were to go to nitack 
_ i to awMstuate hiui ; anil 
prisoner nl the bair told hitit| it' 
> Coutiier, tie sbiiuhl bairc par- 
L 111 *l ructions from bim what 
Harris wertt to Cuiinter ; 
burse, and Hare's borse 
were; mid Ibeir borsca 
ID Sofheraet- bouse, by 
lile tbere» recoromen*ted by 
of my lanl Fevcrflhaiii'a ser- 
to tuLe c^re of tb^iti, and of 
re that were placed tbere; 
consul ratort bon«8 by tbe 
kof Mr.Lewta were lodgred in 
l*liouae, and looked ntler 
ain's men; and tbithfr 
Lliingnte were directed by 
te fo f«T tbeir horset. 
I kappened by ¥ei-y gtMHl providence} 
I BAJifvty did not c^o abroad that day ; 
B of tbe onlerly men ibat lodgefl 
togi\e ititelligerice, came iVom 
tbetn that tbe king- did 
uiiig, M> tbere was liotbint; 
Sftrria %vai told that be abould 
r »l thai time, and take it away ; 
time, till they were to go 
I they were to ride out upon 
' bad 0]iporturrity« to make 
"viee ; or else it would be tboug-lit 
t ii\ at tbe time of the atiui^k, 
up in gooit time aud order 
if and il Hinitd be ttioii^bt 
rin ttie rider; and accord iu^jy 
laootber of those cnnipiraturii, 
rris ajid Hare to ^merset- house 
boraes, and tbey carried 
( m 8ubo ; but for several jii|^bt«i 
I kept at Horoertiet'houae. 
^ fiad, fcntlemen, that Mr. Rook- 
It priiuaf rat tlie bar, was concern ei I in 
iMiitultaiioiui and meeting, in m»(k- 
pnooQi for Ibe a^aaasination ^ tbey 
Im 1 Mid, to do it on the ] 5tb of Fe- 
t ^ that not taking^ effect at that dav% 
UhlNd the Haturday following, Mr, 
^^aii^otly 10 tbe company of Mr. 
[^K)Mr. Lowirk,and otben«, inhere 
t^Roui^c of Ibis ttjiflafliiinatioii, and 
Itjltrik It 31 vrty barbarous thing ; but 
« they would do it, ^br 
y «ir f itorge Bftrcjey : 
apr»-M«iy declared by Lowick and 
ftl they bad diret^tions to obey 
1 wbat be would hare them to 
i: tbty tnubt and would obey 
rcaidution, even u|miii 
I of so bloody and 

r, Gentlemtiif by tbe 



A* D. 1696. 



[I8S 




evidence, that the next Saturday, being the 
two-and twentieth of February, they rcsolf ed 
to put it in exeeution again ; and accordingly 
tbere was a meeting on tbe Friday before at 
tbe Sun tavern, where were present sir George 
Rarcley, JMr. Porter, ami others ; and there 
Ibey did re^iobe upon it, though they had at 
first some apprehension tbe tbin^* vVas dis* 
covered ; but thry w^re soon satisfiud there 
wiui uo fiiicb tbiug, because, they laid amoug*' 
tbctuselves, thai if it had heeu so^ ibey should 
have been taken up, and not have been per- 
mitted to meet there : therefore they resolved 
tbe next day to put it in execution ; and ac* 
cordiogly they met at several places, and got 
ready in the mornings in case the king had 
^oue abroad. The prisoner met that morning 
at Portcr'jj lodging, with several other trooperi, 
to make ready tor the enlerprijsc : and there 
tbe prisoner at tbe bar did, at that time, give a 
list of ibe names ibat be was to command; 
for he was to have one party of those that were 
to attack the guards, ot whom Harris was one 
and Hare wan another, and Richardi^on waa 
another, and Blackburne was another^ and his 
own name was chief; and be ordered Harris 
to go and see to get them ready, for I hey must 
go out that morning : accordingly Harris did go 
and got them ready, and came back and gave 
an account of it. His majealy did not g* abroad 
that day as it happened very fortunately, by 
reason of the bappy discovery ; so that newi 
being brcnight back again, ihougb they had 
made all things ready, those preparations were 
put of^', and ihey did nothing that day ; and 
quickly after the discovery was fully made, and 
made public by tbe apprehension of the oon^ 
spirators* 

Gentlemen, you will have this matter fully 
proved to you by several witnesses, that I 
think there can be no room to douhi the truth 
of it thsit there was such a conspiracy, and 
that the pri«;oner was as highly concerned in it 
as those who sufPered the just punishment of 
the law. We will call our witnesses to prove 
this ; and 1 beliiive they will lie tibte to give yoii 
an account <d' the whole affair luHter and mora 
fully than 1 ckin do^ or can prttend to open it. 

SoL GctK Call Mr. Harris and Mr. Porter. 

Sir Ji, Sii(*ucr, Ue 0[>|K)se the swearing Mr. 
Porter: I must beg the favour of the court to 
hear us in it ; if my instructions be true, we in- 
sist tipon it, that he is uol capable of being A 
witness ; lie standi convicted of telony ; here we 
have tbe record, and we desire it may tie readi 

Copt. Porter. I know nothing of the niBtter^ 
that there is any such thing nUindingoul against 
me. 

H\T B. ShimeK Then sure we are mistaken 
in the man. Pray let us heur it read. 

C/. o/Ar. (Reads the Record.) This i« an 
indictment of murder ugain^t George Porter, 
for the killing of sir Jamts Hackel, knigbt. 

Att. Gen. Do you know any tliiiig oflbiS| 
Mr. Porter ? 

Forter. I came off with tnanBlaughter» and 
pleaded the king's pardon lo court. 



8 WILLIAM III. 
Gen, Pray read what was done 
Here's the jury's verdict 



Trial ofAmhroie Rookwoodt 



V 



upon it. 

CL of the Crown, 



" Uiiod praedictus Georgitis Porter est culpabilis 

* de felooica iDterfectione pnedicti Jacobi 

* Hacket, et bod culp.' as to ttie murder. Here 
is a * Curia advisare yult,* aud I suppose there 
was a pardon afterwards. 

Just. FouelL Was he not burnt it the 
band. 

Porter. No ; I pleaded tlie king's pardon. 

L. C. J. And there are iteveral acts of par- 
don since. 

Mr. Cowper. See the time when the indict- 
ment was. 

CL of Ar, It is the 8th of December, in the 
S6tli year of king Charles the Sud. 

Sir JB. Shower, We agree that he did plead 
the king's pardon; ami then the case is no 
more than this, a man is convicted of man- 
slaughter, and the king pardons him, he still 
remains unqualified to ue a witness ; we say, 
this has been the case that has been much de- 
bated in Westminster-Iiall, and upon debate it 
has been resolved. 

Just. Povell. It has been so, but always 
against you. 

Sir B, Shower, It was in the case of my lord 
Castlemaine * at this bar ; one of my lords the 
Judges went to the court of Common-Pleas to 
ask their opinion, and these ^ases were put f 
In case a man be outlaweil of felony and par- 
doned ; in case a man be c(tnvicted ot felony and 
had the benefit of his clergy ; and in case a 
roan was convicted and not attainted, i)ut par- 
doned upon the second case ; they were of opi- 
nion, that the receiving the punishmeiit of 
burning in the hand had purged the very guilt, 
and did set liini upright by the statute of the 
loth of queen EiizatMSth, thoy thought it did 
operate to that pur|K)sr ; but in the case of a 
pardon of a man attainted or convicted, it was 
agreed he was not qualilicd to be a witnc&s ; and 
Dangerfield, against whom the objection was 
made, bnng burnt in the hand, was received to 
be a witness; and it was only made use of 
against him to take off his credit. I'be record 
ot that case is in iliis court, and I looked upon 
the print of Uic trinl this d:iy. Ue say, that 
there is a case in 1 RrownloM- 47. a nrian at- 
tainted of felon V cannot he of an inquest, though 
pardoned ; and we think, he that cannot be a 
juiyinan, sure caur.ot be a witness ; there is the 
same exception to his being u witness as there is 
in the case of :i jur^ man ; tor the oii<> ought to 
appear as free, aud sluad as cltur and unsus- 
pected, fn respect of his probity and verity, as 
the other, as th** oiic is sworn to try and deter- 
mine upon OhXli, so the other is sworn, and his 
oath is to sway jti.d dclcnuinc the jury, and in 
consequence it is atl one ; and upon these rea- 
sons we hopr.' he is not a good witness. 

X. C. J. Where is that case in Brownlow ? 
Sir JB. SJioictr, It is i Bnmnlow 47. and 



* See his Case in this Collection, vol 
1867. t i^ vol. 7, p. 1098. 



7, 



then there is 11 H. i, 41. 3 Bubt 1S4. tl 
mv lord Cook says, if a man be convicte 
felony, and pankmed, he cannot be a iuryn 
for though the punishment is pardoned, 
guilt remains, so that he is not * proba 
* legalis Homo ;' and every particular pe 
has an interest in it, that they have free 
clear persons to be jurymen and witnesses. 
Mr. Fhipps, My lord, that is the distin 
we go upon, which was taken in Danger^ 
case, U|)on tlie trial of my lord Castlema 
where the whole court were of opinion, tb 

Kardon from the king ouly* would not n 
im a good witness ; but if ne were burnt in 
hand, that by the statute of decimo octtm 
zahetha, amounted to a statute pardon, am 
him right to all intents and purposes : and ' 
thev did take notice of that book that sic 
thoiomew Shower cited of 11 of Hen. A 
a man attainted could not be a jurjr 
though pardoned by tbe king : it was o% 
be might be a witness ; but Mr. Justices* 
said, it was the same reason if he be 
for a juryman, he is not fit for a wituetaa 
ought to be both * probi et legales Uc:» 
thus the case stood there. And thsjifc 
book of Bulstrode is the same ; it waaa 
case of a prohibition for a Modus De^^ 
where the suggestion is to be provecS 
witnesses, it Was objected he had not j^i 
by two witnesses, because they were I 
tainted of felony, and thontrh they «i^^ 
doned, yet that did not make them gf^v 
nesses in the opinion of the court. 

L. C. J. This is quite another case, 
not come up to your point ; here is no ai^ 
and here is pardon upon pardon, by act ^ 
liament. 

Mr. Phipps, As to that, we think the 
luent pardon is out ot the case ; lor if iim 
don from the king be a good panlon, XM 
no guilt for the act of pardon to work upC^ 

Sir B. Shower. My lord, this we thiols 
a g(K>d distinction as to that matter, a ma i 
is actually pardoned tlie punishment bj 
king's pardon, and afterwards an act of p» 
comes and pardons all offences, that w^ 
does nothing, for he is not a subject of ptf 
for he was discharged of his puuishmeut Ir 

Alt. Gen. Sure these gentlemen are m 
earnest when they make this objection. 

Sir B. Shower, When the king has ones 
doned him, he is not an offender witliii 
meaning of the act of parliuiitenl, and t. 
fore the act works nothing as to him, & 
he stands as much disabled from being ■ 
ness, as lie was before. 

3 usi. Pou'tll. In the case of CutingU 
llobbard, there it is baid the pardon takes 
*• tani Hfatum quam Pu:nam, &c.' An e 
being brought for calling a ntan thief, ^i b< 
been indicted for felony, and convictedi 
pardoned, the court adjudged, that heoiigl 
to be called so ; tor he was no thief, f» 
pardon had u-ashe<l him entirely clean, ai 
was discharged both of tbe guilt and pi2 
ment) and ail the cooiequences ol it. 



Jwt High Treamn. 

I ibtt bav# be«o put are 
I •! ill in Ibtt matter ; for where 
^% fooiriction of mnnslnughter, and the 
k 9«hloiifil, we think that pardon of the 
^H a wiy oi* ditdi^rge at much ta 
Aiu^ in tH« hand, I tnke it, it is the same 
' l4i^ idmit, tlml will dlschari^e liim to 
nil and Biirpo$f#« tind k» we think does 
'HRwiiiallv; * t his clcr^-y, and 

l>y way ot statute 
\ -nian, I take it 
.ise ; but even in 
tto^it, I ,ir ^ I, ,h.*i «he purty coii- 

*^ ifWr I uti prdooe<l him, 19 

™Wfriinii ,. ^ jury ; bat sapposing" 

>^taWiio, yctltierc are many caies u herein 

i • ttifl mi V i; I :i V it II tjs , t h a 1 c*n not he a j 11 ry - 

■•* ic credit «»t' such n ^vimess 

I ii^« m it i« no objection agfainst 

iii ba^ t 1p|JiI \i itncfis ; and it is a very 

M^ iipiueni to m«f, that because he was 

h fvMb tb kin^.iftliat shoutd hedetiden^ 

IikiliOTforr th# Hfi of panlon sihoutd have no 
^- " r i» to &ay, that the king^'s 

P^ 10 have nothing left fur the 

p^Mn^or.ii.n to work upon, and certainly 
■VilnD 10 nght» thai 10 all iulenu and pur- 
f^kia it {rood u witnifiis as erer tie was ; 
•i I •Tlhiii^ remained to Ijc done, the act of 
pv^^^i hj« (lone itf and supplied the de* 
m\ Ia Ifhink the king's pardon is sutlicicnt. 
J^Cn*. My InnI, I supjwae, they do not 
«tf<piit, js ifjiiikiniif there is any great 
P^ a ii. l«iji orI V tor uhjecttoii fake ; but 
2. Jj^*^** 001 Hi lb standing this objection 

^ I, Ihey take this exception 

1^/ L, for ihey bpeakto hii cre- 

LCJ, Hf^* they except to his being a 

*i (Jn, W'lo, your lordfUiii retnerobers a 

■■te m before your loroahip not long 

jj'^^^o Kislcr tcrni laai, when one wat 

" " I bar for trenaoti, and Aaron Smith 

a witness^ and the prisoner 

li^am^' *'if»' •^'= f^" "/>od witness. 

f btb*i| iii>* , and your 

Jllje eon. . , .■ , L at the uct of 

^■^Wreniiire hiai to all intents and pur- 

tCnyin. lu the caap of the earl of Cai- 
^^ii bub Ibe courts of Kinfj^'V bench and 
*■■■• Plwui held Dangertield a legal wit- 
•^ Ifcwfh biinifil 111 the liantl for felony, 
■■•»i»dic opinion of Roll« : in Siiles re- 
■•J((8, htnf thfti hatli been hununl in the 
^ ^ Wooy, may tiiHwitlist:indlng he a 

^^' SketPtr^ My lord; in answer to that 
^^ wii pyt, titat after the king*s psirdon 

■Mb ttoiy 1,^ , rlj^t was an 

2*ii*» my biri - .... i cane, that 
2^^ ** ffooAt lutd our notion that we 
'JJJJfcr,!* good loo; he cannot be im- 
'^'^^lafifuik iiDpoted to btmf when 



A. D. 1696. [180 

once tKe king has forgiven him, and yet that 
may not restore him to U\^ entire credit, t» wa9 
my lord chief justice ^»croggs' diMtnctiun iit 
the cast; of Dan^erfield ; and as to the i^aeie of 
AaroD 8milh, that was very di5*ereiil : the 
reason in that CAse was, because the crime for 
which Mr. Htnith waf; indicted, did not im- 
port any such aciindalous oHence lor which his 
ci^dit could be impeached. 

L. C. J. No, no, we did out meddle with 
that, wc went upon the pardon. 

Sir B. Shower, But in that case« they did oot 
insist U|»on it that he hud a pardon antecedent 
to the Act of Pardon^ so that he was rnhjicium 
capas^ tor the act to work upon, he was an of- 
fender that needed a panlon ; wlipreas Mr, Por* 
ter beiug pardoneil belbre, could not be an of* 
fender neediiig a jiardon, and consequently not 
withm the &^t words of the Act of Indemnily, 
because he was pardoned by the ktog before; 
but he was noi by that pardon, say we, re- 
stored to his credit to make him a good wit- 
ness « and the act of parliament did not affect 
him, he being not su^^eci urn mAterUij as not 
being an offender. 

Mr. Phippt, As to Mr. Solicitor's case of 
Aaron Smith, we agree the act of parliament 
did restore him, because he ncrer ^ha par- 
doned before by the king* so there remaineil an 
oifence for the piirtiainent pardon Ut work upon. 

L. C, J. Do you agree that, then you may 
agree the otlier ; for the act of parliament par- 
dons uoue but those that the king can [mrdoti 
generally. 

Mr- Pltipps, It is true^ my lord ; but we 
say that an act of parliament pardon removes 
tliose disabilities which the king's [lardon does 
not ; for ef ery one is in law n party ti> an act 
of j>iirl lament, and thereti'te un person shall 
be permitted to a I ledge in diHahihty uf uoolher, 
any crime which he hinisielf haih pardoned, 
for that IK to aver against his own act ; but it 
Is otherwifle in the case of ihc king's pardon. 

L, C. J. Why the very par liniment pardon 
comes from the king ; the king has a full 
power of pardoning, and where lie does pardon 
under tlie great seal, it has the full cfiVii i»f 
the parliament pardon. A pardon, hetore at- 
j tainder, prevents all corruplinn of blnod, so 
that though a man forfeits his goods by cnn- 
viciioo, yet alter a pardon he is cap.djtk^ of 
having new goodn, and shall h<dd them v^iih* 
out any forfeiliire whatsoever ; (or the paidon 
restores hira to his lormer capacity « and pr^ 
vents any further forfeiture. ludeed, if lie 
had been attainted, wh^-rcby h\s hUyiM\ ita^ 1 r^* 
ruptetl, no pnrdon, whether it were by the kui^ 
or by the parliariieni, cimld purge' his Uund 
without reversal of the attainder, by vtrit of 
error, or act of pailiament, or «-\presu word«« 1 t 
the act to restore blood; but either p.itd.i., 
makes him a new creature, giieshiiii kw^ i . 
pacity, and makes hi 111 to all intvut<t »nd pur- 
poses, frou» the time of the [lardon, tr> be ♦ pi*o. 
* bus et legalia homn,* and a good iutne»fc. 
Indeed this crime might be objected against 
his credit ; but il ii not to be urged agiuusi 



I 



I 

I 



S WILLIAM ilL 

Ihe sufficiency of hi^ evidenc^^ that is, his be- 
ing a witness.^ 

Att, Gen. My lord, we tlcsire he may be 
sworo* (Which was rioue.) 

SoL Gen, Now, Mr. Porter, do you give my 
lord and ibe jury an account what you know 
of ihb intended assays inatioo^ how it came to 
your knowledge, a ud what share the prisoner at 
the bar had in it. 

Forter. My lord, the first account that I had 
of this assussuiation was tVom Mr, CharDock^ 
who brought to nie sir George Bare Icy and 
major Holmes to my lodgfing in Norfolk. street, 
where I waa sick of the g-out. Sir George 
Barcley did not then parlicularly acimaint me 
with the lusine^, hut said, he wouUi leave it to 
Mr. Charoock to telJ me what it was. 

L, C. J, \S lio told you 80 r 
_ J*orier, Sir George Barcley ; and after that 
ire had several meetings, at which the |»risoner 
at the bar wm present, particularly at the 
Olohe-tavern in llatton-Ganli'D, where it was 
consulted of the best ways and means to as- 
ias&inate the kiu]^^ as he cauie from Richmond : 
s^')me were of opinion that it was best to be 
done on the other :^dc of the walar ; olhei h 
were of opinion that n sliouhl be done on this 
side, by a party of mc^n on horsebiicit: upon 
this dilTereuce of opminn, there were persorjs 
apiiointed to go and view both places; I was 
appointed lor one to go with captain KuighlleVi 
and Mr, King went along with me, and we did 
view tlie ground on both sides, and when we 
came back, we gave an account to sir George 
Barcley, and those that sent ua ; and upon our 
report, sir George Bari^ley 's mind was chancned, 
who was for the other side of the water before. 
And he agreed to do k in the lane that leads 
from Turn bam- Green to Brentford, After- 
wards there was a meeting at the Globe-Ta- 
vern in Hatton- Garden, and there it was agreed 
thai the king should bf3 attacked on S^Lturd ny 
the 151 h of February* by sir George Barcley 
and hJH party ; and Mr* Rook wood, the pri- 
soner ut the bjir, waii* to t'c»iamand a party of 
men that came over from Prance, who were to 
as^nli the guanlii on one sitk; and I and Mr, 
Charnock were to set upon the guards on the 
other side. Sir George Barcley, with four 
men out of each psrtVt was to attack the king 
in his coach, and to kill him and all that were 
there in it. 

Z. C. J, Who were at tliat meeting f 

1*0 tier. There were sir G. Barcley, capt* 
Chai-nock, sir Wm. Farkyns, myselt, major 
Holmesj capt. Rocik\%ood, nod capt* King. 



* As to ilie operntitm of the King's pardon in 
giving credit, see Mr. Hargrave's very learn- 
ed Discourse on the eflect of the King's Par- 
doii of Perjury, as referred to at vol, 7, pp. 1032. 
1090. 8t4f, too, Peake*s Law of Evidence, ch. 
5, 8. 2, art. Witnesses restored to CrCiStt by 
Pardon ; and in this ( -olleclion I he Cases of 
Heading, vol 7, p. 295, of Collier, vol, 7, p. 
1043 ; of lord Castkmaine^ vol. 7, p. 1067, 
and <)f Crosby^ vol. 12, p. 1291, 



■ andiifC 



Trial of Ambrose Mookwaod^ 

i, C. X Where was thisP 

Porter, At the Globc-Tavera in 
Garden, upon Saturday morning the 16th, 
having two orderly meu tliat lay at Kensi 
to give intelligeuce, had notice brought us 
that the king would go out; Durance, 
was one of ihem, used tA» go every moi 
court to get us what itjieihgence he coi 
e;ir Geotg'e Barcley told me upon the 
that he should give me an account a* 
ever he coukl, the next ruorning; and 
morning at my lodging in Little Hyder 
in St. James*s, he came to me, and 
the advance guards were gone out, and 
king's kitchen was gone, and all was pi 
for the king's going abroad, and tUeje wtot 
great many noblemen and gentlemeu «*bi 
back wiih bim> and therefore he thought 
would be DO opportunity of eflectingtbe 
8aid L that's no objection at all, nor i 
son for putting it off, because when the 
over, all the company goes away, and 
comes only in his coach ^rtth tlie gua 
said, he would give sir George Barcley 
count of it, jiud he came back with sir " 
Barcley and Mr. Hfjokwood to my 
and upon repeating that objection, and 
giving the sarue answer, it was agr«e«l 
kittg had gone out that day to have 
design in execution. 

Alt. Gen, Was the priaouer ot tlie 
at that time when that was agreed UfHUil 

Porter. Yes, he was. 

i. C. X Where do you say was 
ing.* 

Porter, At my lodging in Little Rid 

L* C X Haxl you that discourse with 
George Barcley in the presence of the 
soner ? 

Porttr. Yes; sir George said, he di 
wc could not do it, becauie there would go 
many with the king, but I objected against 
that after the sport was over, all the eomi 
went away, and the king came t>sck in 
coach : then it was ai^recd to gu on ; thi 
sir George Barcley, l>nrdnce, and the 
at the bar, and myself in the room. 

L. C. X This yoii say was Saturday tl 
16lh, in the morning i* 

Porter, Yes, my lord ; but I cannot say 
saw the prisoner at the bar at any tneetii 
af>cr that. 

An. Gen, Pray, tell my lord and the j 
what method ]^ou*were to take in putting 
design in execution. 

Porter. There were to be so many ho 
armed and prepared for that purpose. 
George Barcley told me^ we should be 
40 or 45 horsemen, and they were to be dividi 
into two |>anie$, and sir George Barcley *• 
to have four meu out of each pariv, a'ltd 
business was to attack the king, and all 
were with him in the coach. Captain Roob 
wood WAS to command those that were coi 
out of France to serve under sir George Biri 
cley, and captain Cliamock and I were to 
mahd the other party, and both parties were 



w 



nfMin the guards at the same time that 91 r 
Qtar^ Bifcrctcy attacks tl Uie kioij^s coach. 
Ail* Crn. If the prisoner Ts^il! ask him any 



liir i . Pray, captain Porter, wlicti 

itrat meet nig' at tlie Glotie-Tavern ? 
^rnHer^ If was otie day in the h i^«^k before 




Skomtr, Was Mr, Rook wood, the pri- 
t die bir, there that day? 
r Ye«, he wiis. 

SAtm^^r* How loo^ before the 15lh? 
IWf«r. One day that week, boi I canuot tell 

Sf E> S^iMPer, He says it was agrcf (I so^ 
amim I desire to know whal words Mr, Itook- 
voad stlefeil at that time P 

nrf«r. It was discoursed by every one 
9om4, wbtHi wai the heuX vtay and methniL 
Mr. Rook wood say, indef^d^ he he- 
\ it a Tery desperate tiling, and he wa« not 
wmj wilUn^ to engag:e iti it ; hut when nir 
Itaipe Bareley told htm lie should command 

In^pBtTt tie repliefi io French 

£1 Gm What is the meatiing of that? 
^^ter. Tbere is an end of it. 
Ah. Gen. Vou say the prisoner was at your 
M^iii^ Saturday the 15th, in the morniog^, 
VImI diioatirfte bad you there f 

Pcrtir, He waa theri? upon Saturday in the 
|, the 15tti of Pebrnary, and Durence 
I account titat the kiug-'s Hrst §;uards 
««e ^w»c^ and the king's kiicUen was ^one 
Miirt.aod it was expected tliat the king would 
|0 ibMl eleven a clock ; bitt it was <^aid, that 
ONffWefe a great uiany preparin^f lo gfo with 
kiiin,iiiAtlierefore it would not be convenient 
W4i»il^t day : Haid I, that is no objection 
it ill, fMT the nubility and gentry g*o out of tiie 
Mimnma as the sport is orer, and the king 
wti m ^ with a few (leople lo Mr. 



PttHichmondf and therefore it might he 

ii««fl done at that time as any timet Du* 

rucrtiiade that objection at fir^'t himself; and 

«Wfi I uiede him that answer, he went to sir 

^ I Barcley, am! he came hack with sir 

ga Barcley, and the prisoner was tbere by 

liktlletame time, and sir George Barcley madtf 

I liw iame objection ; it was at my lodcring in 

IliitJe Hyder- street, and when ! told them my 

••an aj^aiDit the objection, as I had done 

•lirr, they all n^^reed to do it that day. 

Mr. Phipps. lit that second meeiinfj, did 

I llr. limikwotjcl make any proposal there ? 

I F$rl€r. I only say , he came with sir Georije 

Bfenley, tnd w*bat*l heard; 1 tell you sir 

Qmge Barcley made that objection, and I 

I five il tbat answer. 

Mr. Bhippt, But what did he nny? 
h/tUr, J cannot say that I Jieartl Mr. Rook- 
■Md w^f any thin£^ in particular ; hut tfaey all 
fRed to do the thing that day. 
^ B, Skomtr, You remember nothing that 

PW-I^, Sir Oeof^e Barcley said» we will 
f> ind prqure; uid be went away with 



I 



[190 

81 r B. Shimfrr. Pray, when did sir Geor^ 
Barcley come into Etitjland ? 

Porter, Truly J Hir, 1 don't know that ; the 
tjrst lime that I saw him after he came, Mr. 
Char nock broug-ht him to my lodging" tn Nor- 
folk-street J but before that, Mr. Chumock told 
me he was come into Eii£(land» 

L, C, J. Hark you, Mr, Porter, when you 
came back from viewingf the ground before tlie 
Rrst Saturday, and you said you made your 
report, and then it was a^eed that it should be 
done at such a place ; do you say the prisioner 
was there ? 

Att. Gen, No, my lord, he does not say so. 
Do you say Mr. Rook wood was there at that 
time? — Porter, No, my lord, I do not say so. 

Sir B. Shower, I am sure he did not say so 
befoR* ; and besides, your lordship will observe 
there ia no «iuch overt-act aa that laid in the 
indictment atjainst ihe prisoner, that Mr, Porter 
made his report upon the view i that only con- 
cerns Mr. Knightley, 

L. C. J. No, that is not an overt-act, I agree 
it^ but I only ask the question, whether the 
prisorKT wut there ? 

L. C. J. Trehtf. If it were an overt- act laid 
in the indict raeot, it would not aflfect the \in* 
soner, because the viewing of the ground, and 
making the report, is captuip Porter's act, and 
il must be the consulting and debating after- 
wards that must affect the prisoner, if he be 
coDcemed. 

Mr. Cofiyers, The meetings and consulta- 
tions that are laid in the iudictoient are tho 
overt-ociK. 

SoL Gen, Well, if they have done with cap- 
tain porter, we desire Jllr. George Harris may 
be ftworn. 

Sir M. Shmt'tr, My lord, we beg leave l<x 
oppose Mr, Harris's being sworn ; here was a 
proclamation that did take notice of this bar- 
barous conspiracy to assassinate the king, and 
ihe proclamation did signify, Thai the king 
had received information of several persons 
concerned in that conspiracy ; and for the 
encourageiupnt of tJiking those so accused, he 
did promise a tliousrand pounds reward for the 
taking of any of the c^nspli-ators ; and in the 
conclusion of the proclamation there b a 
clause, ' That if any of the conspirators should 

* discover or apprehend any of thi* other per- 
*■ sons that were therein named, so as thai they 

* should be brought to condign punishment, 

* such conspirator so discovering should re- 

* ceive a thousand pounds rewanf for any of 

* the other persons apprehended, and his own 

* pardon,' My lonl^ we have a witness here 
ready to prove thai this was I^lr. Harris*© 
case ; he was himself in the proclamation, he 
did actually discover Mr; Rookwood, the pri* 
soner ut the bar, and was instrumental in the 
taking of him; and consequently U|?on this 
clause of the proclamation, if lie he brought to 
justice, then is Mr. Harris intitled to this 
reward and his pardon ; and conse(}uently he 
has such an interest and advantage to himself 
as will prevent his being a witaofis. ll\sVt^ 




191] 



a WILLIAM III, 



I 



iii(teri], ii'liere it U at the kitt^*s suit^ in ft ea- 

ItiUl rase, it iit |tretty hard to say I bat a mao 
I3« un iiiiervt<i ; liut we tbink, as this c^se is 
circumstiMitiated ujioti ttiis |M'iicUiTiation, that 
the same ohje^tiou lieit atj^aiiisl him tta wmild 
4o if this were it ti%il cans** j if we shew how 
lie is to have an advanliige hy the event of this 
cause, then he is iml to be udmltied a witness. 

L> C, X Did he appveheDd any btidy upon 
the pru€ lam alio u ? 

8ir B. Skoner. Yes ; he apprehended Mr. 
Rookn ooil himself, or was the cause of tt, and 
thereby is intitled to the reward aud bis 
pardon. 

Mr. Phippt, That upon which we f^und 
our objection is tbe ditfercnl penning of the 
pioclamution ; for if any one that is not a 
conspirator do but ilbcovtr and apprehend any 
of the persons nsined in the prndaniation, he 
lA intitled to the thousand pounds; but the 
conspirators them selves must go funher ; for 
a bare discovtrj and apprehending any of their 
ac4;omp1iie}i will not entitle tbt m to the reward 
nteniioned in the proclamation, but they must 
discov€'r and appretuMid their acuomphces so 
as they be bronjfbt to justice, before they can 
be eutitled to the reward ; And to be brought 
to justice for any crime, is in common under* 
ctandin^ to be brongfht to such puuishment aa 
the I'*w inflicts for the offence. Now, Mr, 
Hanriir^i case is this: He discovercti Mr. 
Rooiwoody antl went with the gnartis to tfje 
Compter and seized l^im : And if Mr. Hook- 
wood iMJo't conTicted, Mr. Harris U not to 
bave any thiu^ for his pains; but if he he con> 
Tjcicd, Mr. Harris is in titled to the thousand 
Dounds and biti jmidon. Aud therefore^ surely, 
Mr Harris cannot be admitted nn evidence 
ftguiDSt ^ir. Ltookwood, since lie is to receive 
CO jfreai a benefit by his conviction. Upon an 
iodirtmeiu for an usurious contract, the person 
trhofie deed it is ciinnot he a witness, because it 
is to avoid his own act: So in an indictment 
for perjury, on the stat, 5 Eliz. the party in- 
jured by the perjurv cannot be a witness, be- 
came \ie is to have lialf the forfeitures. 

Ait, Gen. I suppose ihey will make out 
their objection before they expect an answer 
from us, 

Sir B, ShoTser. I hope your lordsliip will 
not put us to prove a copy of the procUiniaiion 
from the iurolment, but that we may have the 
imme tiivonr as in the case ot the statute book, 
that the print of it may be ftUowed for 
evidence. 

AtL Gen. My lnr<J, we witl not stand with 
them for tljai, we know the^r are mistaken 
ttuoughout, we consent the procianiatlon 
should be read. 

CL QjArr. reads : 

• By the King a Proclamation, 

* William J?, 

* Whereas bis majesty hi8 received infor- 
« mation upon oath, that the persons herein 
* after named havCj with divers other wicked 
« mad Inutoious penoaS| catered ioto « horrid 



Trial ofAfnbrose EooJcmood^ 

' and detestable conspiracy to Msainnaie i 
*• murder his majesty's sacred pert<Wi tor wfa 

* caus»e several warrants for high treMoti f 

* been issued out a^iost them, bttt ihey ' 

* wittulrti^vu themselves from their i 

* plucf's of abode, aud are fled frtjm juitiq 
^ His majesty has therefore thouj^ht fit, by 
^ advice of his privy council, to issue bU i 

* proclamution, and his raaiesty dotU 

* command and require all his loving su' 
' discover, take, and apprehend James i 
*^ Berwick, sir George Bardey, major Lou 
« George Porter, capl, 8tow, capt, Wi'" 
■ capt. James Courtney, lieutenant Sfa 

* Brice Blair, Dinanl, 

* bers,- Boise, George Higgins^ ftndl 

*■ two brotheri^, sons to sir Thomas 

* Davis Cardell, — G« 

• Cramburne, Keyes, ! 

* gross alias Pendergrass, • 

* ^ Trevor, sir George Maxwell, 

' Durance, a Fl em mi ng, Christopher Kniek 
' lieutenant King, — Holmes, sir \\i" 

* Parkvns, — ^-^ RcM^kwood, where 

* may be found, and to carry them 

* next justice of peace or chief ma 

* who 19 hereby reouired to commit ^ 

* the next ^a<4, there to remain uoliU 

* thence delivered by due course of law^ 

* his majesty doth hereby require the i 

* tice, or other magistrate, imme<liately to{ 

* notice thereof to him or his privy 

* And for the prevention of the goiag 

* said persons, or of any other, into Ir 

* other parts beyond the seas, his maje 

* require and command all his office 
*■ customs, and other hi« officers and i 
' of and JR tlie respective courts and 1 

* towns and places within his kingdom i 

* land, dominion of Walts, and town of 

* wick upon Tweed, that tbey and eve 
' them, in their respective stations and pla 

* be careful and dihgeni in the examinah 

* all persons who shall pass or endcavoarJ 
^ pass beyond the seas, and that tbey do^ 

* permit any person whatsoever to go latv V 

* land, or other places beyond tbe i 
^ out a pass under his majesty^s royal sign I 

* Dual until further order. And if tbe^ ' 
« diL^corer the said persons above-naq 

* any of them, then to cause them to hmi 

* bended and secured, and to give 
*■ aforesaid. Anil bis majesty does 
' publish and declare to all pei-sons wbd 
♦conceal the persons above-named, oraovj 

* them*, or lie aiding and assisting in the c 
*■ iug of them, or turthcriog their escap 

* tbey shall be proceeded against, for so 

* offence, with the utmost severity, ac 

* to law. And Ibr the encourag'emeot of j 
^ persons to be diligent and careful in 

* vouring to discover and apprehend tbe 

* persons, we do hereby further declare, 

* whosoever shall discover and apprehend 
*• persons above- named, or any of them, 
■ shall bring them before some justice of pea 

* or chief magititrate, as aibrcsaid, aball U) 
4 



19S] 



J^ High Trautnu 



• wd ttouK n • vemird the auni of one thoa- 

• md pood ; which w4 eun of one thoatftiid 

• MM, the Ms oommiMioiiers of his ma- 
•jtf^'i liuiwiy era herebj reqiiirtd end di- 

• mad 10 Mf aoooftltiigly . AikI if any of the 
•faNHewve-BUiied shall discover and ap- 
*fgkainj of their aecoinplires, so as they 
•mj be braigk to justiee, his majesty doas 
*mij Mve, that every person makinip 
•Mh ^tcttfaj shall have his majesty's 
^fmm pudoB for his offeoce, aad shall re- 
* CM the reward of ooe thousand pound, to 
■hnTcd in inch maDiier as afonsaid. 

'wn at Mir court at Kensington, the 93d 
*AvefFebni87, 1695-6, in the eighth year 
■viwragB. God save rns. King.' 

1k,Fhifp9, My k>rd, the different penning 
tflbcdMniiiiot only in that proclamation, 
hi it if dw language of every proclamation 
ttiibat^eoat for the apprehending any of 
■afSiiiiiialuii. 

itti ues. Mj lord, all that we say in an- 
Mlillija obtfction, is, That Mr. fiarris is 
■tiBBd IB toit proclamation. 

IC J. What say yoii to that, sir Bartho- 
Imm^n mtf He ii not named in the pro- 
*"*"■/ aad an if he hath discovered and 
^pihaM the prisoner, he has earned his 
■■ey,wWt her he be convicted or not, beoause 
■^■"iPi Dane is in the proclamation, tho' 
liiiBML 

Jk,Hif ft. Then, my lord, with hnmble 
^■Mi here is another proclamation where- 
■^•■■•■ed; we desire that may be read. 

fcLtto. Aod when it is read, it will be as 
■*J*fW purpow as the other. 

J^^yca. Let them read what they please, 

MBhi^Bothing at all to it. 
^kA Certainly, upon this proclamation 
■■■■•ijection; for he is intitled to his 
jiy iheadj, though iUwkwood be never 

SkPkipi. But is he not by this proclamu- 
ii^ wlirh mentions his accomplices, intitled 
MAhpardQa? If bo, he swears to secure him- 

I (I / By the apprehending and discover- 

ktkg m BBtlcd to bia pardon. 
Mr. Pkipft, But not without he be brought 

kJHriee; that b to say, till he be convictert ; 
inCvv be cannot be an evidence to convict 
Ik 

L C. J. That is, as lo any that are there 
itoed, if any of them discover and apprehend 
^ aaother, it mOst- be so as thnt they be 
b^ lo juljce: hut if any person that is 
■iMBed there does apprehend any that is, 
ha iatitled lo the 1,000/. barely by the ap- 



Ur.FkippM. Then there is another procla- 
■laa where they are both named, as Mr. 
MftwDcid tells me. 

fc&SAsver. My lord, we will set this 
Mlv right ; w« will show the other procla- 
■NB, in whidi, if I am ri^tly informed, for 
kMCBBt nad it, Mr. Hams is named. 
Ju.Gtu. IfyMhBVtBotmd It, I would 
VOL. XII. 



A. D. 1696. [194 

advise jrou not to trouble the court with it ; for 
you Will find the latter part is restrained to 
three or four particular persons, of which he 
is none. 

Rookwood. I am named in the proclamation. 

Ait. Gen, Aye, but read tho latter part of it, 
and you will find you are not named in the 
clause that they referred to : yon need not read 
the former part of the proclamuUun, wc a^ec 
the prisoner is named there, but only look to- 
wards the bottom, which is the clause that they 
refer to. 

C7. ofAr, (reads). « And we do hereby fur- 
* ther declare,' &c. 

Att. Gen. They have not considered the 
proclamation, and therefore make an objection 
of they do not know what. 

Sir B, Shower, We ore in }?our lordship's 
judgment. 

L. C. J. For what? See if you can make 
or state a case for otir judgment. 

Sir B. Shaver. Mr. Rookwood is mentioned 
in the first proclamation, and Harris is not: 
but there are the word accomplices : he is like- 
wise mentioned in the last proclamation, but 
not in the last clause of it. 1 confess, if he 
had, it had been plain it would have taken off 
his testimony ; but now we must submit it to 
yon, whether he is not an interested person^ 
and consequently no good witness. 

L. C. J. Truly I £> not see any colour for 
the objection, is he not as well intitled to hia 
1,000/. though Mr. Rookwood hail never been 
ti^'d, by the bare apprehemling of Mr. Rook- 
wood, as if he was convicted ? 

Sir B. Shottcr. No, my lord ; because the 
I words are, so as he may l!e brought to justice. 

L. C. J. That is not so, as to any person that 
apprehends one mentioned in the proclamation, 
if the person that apprehends be not mentioned 
in it, and named himself ; if any one that is 
not mentioned apprehend one that is mention- 
ed, he is intitled, by the apprehension, to the 
1,000/. If any one that is mentioned appre- 
hand another, then he is to bring him to jus- 
tice ; now Mr. Harris is not named in this pro- 
clamation, and so as to the 1,000/. he stands in 
the same condition as any other person that 
discovered or apprehended one of the persons 
there nnmed. 

Sir B. Shtrtrer. But it seems he was one of 
the conspirators, liecanse he is himself described 
in another ])roclamation.* 

Att. Gen. If it were so, it would not be ma- 
terial, nor any manner of objection ; but as they 
have made tfieir obji^ion upon ibese^ procla- 
mations, we think there is nothin^j for us to 
give an answer to. 

Mr. Cow per. Nay, my loni, if it were so, 
will sir Bnrtliolfimew Siiowrr say his client is 
not broiitrht to justice unless he be cK»nvicted ? 
I am sure the wonls * convicted' or * attainted,* 
are not in the proclamation. 

* As to the admittin*; the testimony of a 
Particeps Criminis, see Howard v. Shipley, 
4 East, 180 ; and see 4 East, ^^ 686. 

O 



195J S WILLIAM III, 

i. C. X There is notliiug^ in it: yoti roust 
twear Mr. Harris. [Which wa* done acconl- 

SoL Gfti, Will you give an accounl to oiy 
lord aud the jury, whut you ka<>w of this cun- 
spiracy against tlie kii^s lite, from the <irfil 
lime you were acqu&iiited with- it, aad what 
liatKl the prisoner ut the bar bad ki it. 

Att, Gen. Pray gire an account of ihe whole 
things your coroing over, ami who sent you, 
and u|Miu what errand, and the whole tlmt you 
know of this conspiracy . 

Cap«, /i»rn>. Upon I he 14»b uF January 
last, the Fmich Sule, N.^i, I was at 8t. Ger- 
irt:)Lns, whtrc I wa^i sent for by kiii<j Jarae«, 
and was ordered to wait his dinner till it was 
over, ayd accord iticrty 1 did wait till bis dinner 
was oyer J and then i came in, and col. Parker 
%vjts with hirn, and one Mr, Hare, who is also 
moniioucd in the procbmatlim, was there also: 
lite kill i*' told (lie he was sensible I had served 
btni well, and now he had an opiTortuoity of 
doiuif sonifthinj^ for me; htitold m* he would 

;id tin; into Eo|^laud, where 1 should be aiib- 

tr<!, and I was to follow the orders o\\ sir 
Cieorg^e RttrrJf y ; and accoi ding"ly be ordere*! 
toe ten kwidortsto be paid by Mr, Caroll, who 
is secretary to the lute ([neen ^ and colonel 
Parker wt;i)t aloiiLf uilh me, and Mr. Hare, to 
Curoll, an<t told him be aime IVom the kin«;\ 
and wc hud the lewidi^rcs, Hud we nent to Ca 
bus, in order to «inr coniirtn^ over luiher: But 
we wtre told if we were wind-Liouni]. that the 
money we received would not Ijcur our chartjfi'* ; 
the»e w;is orders pven for our further s^ubsisN 
ance ai Calais, to the president there, Accoid- 
ijijrly we came to Calais, and the wind did not 
ierve us tor eif^Ui or nine days; and v^hile I 
stayed there, the money that 1 spent at Caluls 
wu> piiiil by the president of Calais, Monsieur 
Lutour. Afterward!; i landed in En^landi near 
Uomncy n^ai-sb, as 1 was told, and I came to 
the house- of one Huni^ and be provided me 
a]vd iriy eonirude with u couple of borseis; and 
cjominj^ from tbencef I came in the tirst pUiee 
to one Tucker^s an a|K)ihecary in Sand way ^ 
and next from thence we came to R jche»ter, 
to CharleH Croft's, and from thence in a coach 
to Grave^iend, and from thence by v%ater fo 
Ixindou: That ni^ht we lay in Grace-Chnrcb* 
street at an inn, it beiujr night, the night-tide, 
ani! something late. The next day 1 came to 
fi lod^iikg at auactfuaintaoce's of my comrade's, 
Mr, Haie, at the Unicorn in Browulow-stixei, 
one Mi. \Vatoman*s. The neJtt m^ht 1 went 
to look lor mv (ieon^e Bjircley, whom the kiiSg' 
told me i should certainly tiiid by »uch a sifrti 
of a wliili* handkerchief haogin^f out of hi*? 
pucket, on Moiidays and Thursdays, in Covent 
Ourdeo, wl^ere bia walk was to be iu the even - 
ing^, becniiNC be was nut to appear in the day- 
time openly, ft iuippcnrd that tij^oii Monday 
flight after I came tt> tow »i, I went there and 
did not tind sir George Bjndey accordlnjof to 
the kind's dirrctioti, which i admired at; but 
tbcre wat» one Mr* Berk^nb^adt who ftotd my 
coimada, a day or two ailcr, Tb^t lir George 



Triat of Ambrose Ro€ihxood^ 



[ 



Barclay would mscds speak with me, and 
conlitij^ly 1 met with bim ; and he askod 
liow the kim^, queen, prince, and princeis i 
and I told him they were ?ery well ; I told 1 
1 was appointiHl lo attend htm, and obey 
orders. He told me he had no mon^y at f 
sent, but in two or three days he would m 
some ; and so he did, by major Holfnei. 
bad live shillings a day for buintstetice, 
had no horse ; and when I had a horse, tl 
six sbdlinG^j a d9.y \ after which rate 1 bad 
sisteiice for a month at five shilling's a 
Sruincas going then at thirty shillings. W 
Holmes paid me the moit(::y by sir Ge 
BaiTley V oitler, as he told me, and ' 
w ards gave mc a j^uioea, and that was 
Satunlay when tbt* a.^sa8Sioatjon was d 
for that we told hhu we watited moi 
was net reabonable we should take 
out of the stable before we paid for theiu: 
I met sir George Barcley several tii 
CiMrcot Garden, and he to hi mc it was. 
ciou^ place, and de<«ireil me not to 
more there i but when he had any 
ordeis to give me, be w ould g'ive me 
it where 1 libould meet Uim ; and 
I did meet him several times. 

Alt. Gen. Now, Sir, will yoM tell 
know as to the prisoner at the bur '^ 

Hants. As to Mr. Kookwood, the 
that the assa>Bi nation wa^i diKi^iu'd to 
Hrst lime that I knew of it, i met Mr. 
wuod, Qt one Mr, i^orck^s lodging*, wbcte 
was up, and t saw him in a ^rcat hurry 
MMtM! eun«Lernation, and in cau>e M, iiornard 
] asked bim the meanini^ of it, and what 
were uoiny' abimi ; and 5lr* Umikwoitd 
me, if I would go down to captain Couul 
(ibonid know -, accordingly I went, and to 
best of my rmnembratice, he jfave me a li 
iH>te lo captain Couuter* but that I am Dot 
Sktive in. 1 went to ea|itaiii Counter, and 
soon as ever I came, he told us, we must 
immediately reudy lo ^o to Tumham Greepi 

Ati. Oen. Where was that ? 

Hnrris. Ai the Woolpack, that was tbei 

aii near a-ii I remember. Mr. Mare 

I were oi-deretl together to come there, 
there was Mr. Uuugate, who had Ikceu tl 
smne time, and when I came in, sir Get 
Hrtrcley ilid dcclur*? lau^hioi^, *■ These 

* jani?isaries.' And he talked sometl 
brintj^inu: the garter, auil of .illacking thei 
btit he went out of the room, utid af\i 
he came in and det*laretl» ' W b* are all 

* honour, and that tiw business we we 

* about, was to attack the prince oJ _ 
but Dnrant came in alYer that, and said, * 

* prince of Oranije did tint go out that 
When he talked of attacking the prinoft 
Orange, i was very rimcb startled, not km 
ift^ any thin^ of it l)ctbre ; and 1 Came the 
uioiniug to Mr, Rook wotkI, and asked bi 
we werti to be the mnrdcrf rs of the pridca 
Oranifet Sa^'g Mr, Itookwood to me, ' I 
"^ afraid we are drawn into some such husim 

* but it* i had know a it before I catoe orarj 




m 

«%3cf mains, tnd ool have came over hither:' 

nd taid I, * This is rery fiuc, we have served 

'to a very good purpf*se, to he «e(it oFcr upon 

*iucb •!] errifid and iiccount.* After this Mr 

RooIcvioihI, nod Mr. Lnwick, and I, had a 

iB««ting at Retl hyou Aeh1^» where we did dis- 

CQune about the mutter. I did often declare 

against it, that it wax nt* hnrharous a thingf, that 

oa man <»f ht^oour almost woidd he g"iiihy of it ; 

tet major Lowjck an<iwtred, That ue were lo 

dhiy orders ; for sure sir George llarcley 

wmd not undertake a thtug of that Dature 

VftlMKit orders. 

^^^Att* Gen* Pray what said Mr. Rookwood ? 

^V Barris, lie owned it was a harharous ihtn^ ; 

^Ml lie was sent over to ohey liir Gtorge Bnr- 

Hpj% orderB, which he had several limes de- 

Hkunid be was resoked to do ; upon Ihnt 

wi» pCftet) : So afterward? I came to Mr, 

BmihriHMtV ltM%itig; it was the Saturday 

wmvmg I catfie to him, and no weut to 

■r Gf*>nje Barcley*s ; while he was there, 

Hr. F* ! gate me a note, naminif 

•» ma , pariicularfy Mr. Hnn^^ale^ 

Sfr. Huafiird, Mr. Hare, and his own name at 

top, not the name that he is arraigned by here ; 

^ a «liaiu name that he had| as the rest of tis 

ill hid fiham names, which at that time we 

wcntlr^. 

L. C, J. What was your name ? 

Hams, My name is Jetikias. 

L, C, X Who gare you that name ? 

ficiTti. Kin*? Jaines'al 8t. Gerinnrns» and 

legpffeBff. Hare the name of GuiDey^ and 

Mt* liwlrwood'^ name wns Robert*;, ^^ng 

liMilold us in hiis bed chamber, we were to 

filjribHe Dames. 

w. Gen. Pi'aVi Kir, what did Rook wood 
•fivyiio, when he gave ymi that lii^t? 

Bp^ii. He ir»!d me, he was to go t<i Turn- 
^QB green> and 1 waii to |^o alonfjf w'nh htm^ 
todnya he to me stiiilin2"i * You J^hall W my 
lidde eainp ; and g'et the rest of tlie gonfle- 
■fO fvmdy :* and aceordinpfly I went t'> look- 
er lererai of the ]»ersun^ — pariitrularly *or 
Hf* Bludttntrrie ^ ^ hen ! came back ag^tn, 
t foood him lyini^ on hts bed^ and thnt sir 
L Ccocge Bare)ey had told him the prince of 
I %miigt did not go out that day ; and from 
I ^kmett we went lo dinner, where miijor Low irk 
€aed with us, and Mr. Bernard e and major 
UwirJc seeing me in a heat, aske<l me. Why 
I iru IQ such a s%veat ? I toJd him I were^et- 
tinj^lboiie men really for Mr. Rookw not) ^ who 
bi^ made me his aid de camp ; says majnr 
Lawtek to me, You may very well do il^ for 

rMi have six shilfhirjs a-day allowed you, and 
Iwte nothing'; I hnnji;- two m».'n at my own 
cbari^. Said 1« Major Lowick, I wonder you 
^ ftot apply 3'nurieH' to fir George Barclcy, 
lad tlien, I Wieve, yon may be subsisted t€H[». 
Hemtwered me, He did not think it ivnrth 
ilKwItiJeto trouble him, since hir had never 
mfkt to him of it before : aod Uookwood, and 
mnmgde^ and Lowick, and myself, several 
lioei met b Red -Lyon -fields, and talked of 
I the prince of Orange* 



Alt. Gen, Who did T 

Harris, R^okwood, Bemarde, I^owick and 
myself^ 

Alt. Gen, P»^t Sir, let me aak ymi one 
one question. Where was your horsse'at 6rst? 

Harrh, At first it was at my lord Fever- 
shames stables, as tliey told me, in Somerset- 
House. 

Alt, Gen, Where wera the other persons 
bcrrses? 

Mortis. There vva<« Mr. Himgate^s and Mr. 
Harems hcirsies in the same place, at the same 
time, UA tli<iy told me. 

Alt, Ccn, How came you by yoiiir horse 
there ? 

Harris. Major Holmes did deliver my horse 
and committed it to my care, aod I carried it 
thence lo another place, 

Ati. Gat. Did you ob^^erre there was any 
more faorses there ? 

Harris. I beliere there was five or siac, as 
near as I can guess. 

At i. Gen. Do you know where Rook wood 
was to have his horse ? 

Harris. He had a horsey but whence he 
had it I do not know. 

Alt, Gen, Had jou any arms delivered 
you? 

Harrii, Yes, I had by capt. Conoter. 

Mr, Concert, Were you at do other place 
together that Saturday night, the 22d of Fe- 
bruary, lie cause you say you dined together ? 

Harris. Yes, we were at the Bear tavern. 

M r. Cmiyers, W hut discourse passed betM ccn 
you there? 

Harris. They were talking about the assas- 
siuation ; but what any particular person said, 
f can ant tetl. 

Mr. Conifers, Pray who were there ? 

Harris, There it is Mr, Kui^hlly, captain 
RooKwond, and Mr. King; and' Knightly 
went mtt, and came iu again, and dechred, 
we must btive a jjrent deal of rare of ourselves 
or weshonhl he taken up : and he whispeied at 
fir*it, and lifter** ards I asked him whit it vias ; 
and he t<»M me, and said, ' We must have a 
care of ourselres,' Says Mr, King, staring 
ihis way with his eyes, * Surely God Almighty 
is on oilr side ;' and so we partctl, 

X, V. J. Whcii was this? 

Harris. This was the ui^^ht of Raturday the 
22d, wlien il wsis discovered; for souie Oilhem 
were taken tip the next day. 

An, Gen, Was Rook wood there at thai 
time at tlie liear tavern ? , 

Harris. I cauBot positively tay whether he 
was or not, 

Att, Gen. What discourse had you there? 

Harris, We t:\lked of assassinating the 
kin^; but what it was in particular,! 1 cannot 
tell, 

L, C, J. W as Rookwood there ? 

Harris. Yes, I beliirte he was ; hut 1 cannot 
positively say. 

L.C. J. You say it was the la^st Saturday 
that the king was to g» abroad, that you appre- 
hended yott were ditco?cred f 



199] 



S WILLIAM m. 



Harris. Yei , we apprabeiided we were di»- 
oofered before that ; tor Mr. Lowtck told me 
that three or four days before, in that week, 
that his name, and one Harrison's, were given 
into the council, and another, and another, 
two or three of them, as he told me ; I think 
three or four; and 'upon that account major 
liowick went from his lodging, and did not lie 
at bis lodging the night bc&re ; and I came to 
major liowick, and he told me the same thing 
at the King's -arms ta?em. 

Att, Gen, Can you remember what discourse 
you had that Saturday night? 

Mr. Cowper. You say that on Saturday the 
93d, Mr. Bookwood ga?e you the list. 

Harris, i do not say it was the SQd, for I 
cannot swear to the day of the month ; but it 
was the second Saturday that we were to hare 
gone about this business. 

Mr. Cowper. You say he gare yon a list of 
names : pray when he gave yon tmU list, what 
discourse hapi)»2Dcd in the room just before, or 
miler the giving of the liit? 

Harris, Sir, I think I told the court that be- 
fore. 

, Mr. Ccmptr, Sir, I desire yon would re- 
peat it. 

Harris, My lord, T humbly desire to know 
whether I am to answer that gentleman that 
question ? 

L, C. J. Yes, you are to answer, being 
upon your oath, until to tell the whole truth. 

Mr. Cowper. I asked him the question so 
fairly, what discourse introduced the giving 
of the list, and what followed upon it, that I 
perceive this gentleman does not know which 
side I am of. 

Harris, Mr. RooLwood said we were to <^o 
to Tumham green ; and he told me, that I wus 
to be one of his party, that we were to attack 
the Prince of Orange. 

L. C. J. You suy yon were tci be one of his 
party ; prav was it there that he tuld you, you 
should be his aid dc ramp ? 

Harris. Yes, he did tell me I was to be his 
aid dc camp. 

Mr. Fhipps, Whose hand writing was that 
list? 

Harris. 1 cannot tell, 1 iuul it fVom that gen- 
tleman. 

Mr. Phipps, Rut whose n riling was it ? 

Harris. Indeed I know not bisTiand-writin^, 
and therefore cannot tell whose it was : he w 
for his life, but I believe he cannot deny any 
thing that I have said, I suppose not : i should 
bo very sorry lo accuse Mr. Ruokwuoil of any 
thing that was not true. 

Mr. Fhifps. Pray whose names were in that 
list? 

Harris. I have mentioned Mr. Hare, Mr. 
Hanford, Mr. Blackburne, myself, and you, 
Mr. I^kwood, had your own name at top. 

RookKood. IVhattt that Blackburne? 

Harris. He is a Lancashire man. 

Hookmood. it is a very strange thing I 
■hookl give you a list with a man's name 
that 1 & not know ; I declare it, I know no 
■ucbponm. 



He gave it into my hands, and hai 
me agam, or I threw it away aftpr- 



Trial tfAmbrote Rookwoodf [XW 

Harris. 'Mr. Rookwood, I belkvoyovoi 
very sensible I do not accose you of any thnf 
that is not true. 

Mr. Phipps. When did you see that list 

last? '^ ^ 

Harris. 
it from 
wards. 

Hookmood. But you that were to be an evi- 
dence ought to have kept it to justify your evi- 
dence. 

Harris. Truly 1 did not intend to have besn 
an evidence at that time. 

Att, Gen. if they will ask him any qucstioM^ 
let them. 

Sir B. Shower. No, indeed, I will ask him no 
questions. 

Ati. Gen. Then, my lord, we have another 

fnece of evidence which we would offer to yonc 
ordship, which is not direct evidence agaiasl 
the prisoner, hut only to prove a circumaCanoi 
or two of what has ali-eady l>een sworn : wtt do 
acknowledge, my lonl, it does not aftctNr. 
Rookwood, but only to strengthen and eonfini 
what they have sworn. 

Sir B. Shower, With submission, we hopo It 
will not be eviilence tit to be given as to the pn« 
soner at all ; for because a man may i 
true in the particular circumstance of a 
that therefore he swrars true what he 
against the prisoner, 1 ihiuk is no consequ 
in ilic world. 

L, C, J. ft is a thing distinct and foreign Is 
the matter^ as to Mr. Rookwood. 

Att. Gen, Mv lord, we do not say itdiradltf 
affects Mr. Rookwood ; but when your l<irdili|^ 
bus hcurd it, we shal^ submit it to you, how w 

it conlirms even the evidence given '^^ 

him. 

Mr. Coni/ers. My lord, we say the pn 
was to have his horse from SuinerseU bouse; 
and that there were horses placed there for 
that purpose we are going to prove. 

Att. Gen. My lord, it is one entire ooupi- 
racy, in which every one had his part; ont 
was to have his hordes and bis party in ent 
place, and another in another : Now that thcit 
were at such time such horses at SaoMmsl- 
house, and tliose horses were i lelivereit out fioa 
Somerset- house, is certainly a confirmation tf 
the truth of what the witnesses have said. 

L. C. J. It is so. If that be it you offer, it ■ 
very material. 

Mr. Coni/ers. We shall prove, That upnn 
the disuppointiiient nn the iiist Saturday, tkt 



15th of February, th«*y were to be ready agniMl 
the 22d ; and you will hear how the honm 
were diK|iod<Ml of in the mean time. Call 
Chamberlain, Maskel, and Allen. 

Att. Gen. Call any of tlK.>m, I believe itii 
enough. 

(Mr. Chamberlain appeared and was sworn.) 

Att. Gen. Pray will ynu give my lord md 
the jury an aucount what you know of UM 
horses that were brought to SomeiMi4M«i» 
abont February laat. and how long they i 
there ? -^ ^ 




Jqt High Tremm* 



A. D. 1696. 



[2QB 



There ivas six horses. 

Aii. Gem, Who bn>u|^hl tUew in f 

OmmUrU^t. They were sent in by iom« 
pcnoo» in Mr. Lewis's Dstne. 

AtL G€m, Had you a&y direction to take 
tweof ibeaif 

Ckmi^bfrUiin. Mr. Lewis sent in a note to 
1^ cafe or them for a ni^fhtor two. 

iff. Gtm* Who carried tJiem away ? 

Ciaiiiieri!<t*a. f cannot tell ; some people 
eiaa to wtt. tbeui thtU 1 oever saw before, and 
di«f|ookcM« of them; I know not who Utey 
«af,iiMl I defer saw tljera since. 

Ml Gen. What tiuae waa it that they came 
lirihn? 

Ckamktrlain, U was about the middle of the 

Att. Gen, W hat monlh wasi it m ? 
CkamhTiitin, I think it was much about the 
baer end of February, to the beft of my re- 



Ail Gen. How kmg was it before the plot 
[ m disoovered ? 

fTTTTiff-^ " It waA about a week, or a 
mttlier, before the plot was discovered, 
beat of my knowled^re, 
. Gem. How luog staid the horses there at 



Tliree of them staid a nigrht or 
-tet the otlier tliree of them about a 
' of n week or ten days. 
I, G^n* Who <*\vncd thcM»e horses ? 
_ ..riain. They w^-e sent m in Mr: 
»> iMjne ; but who owueil theoQ I cannot 
ndeeil. 

lU.Oivjferf. Then swear John Allen* [Who 
mom.] Pmy tell mv lords aart the jury 
jou know coucerning- any horses aoout 
I the one of the breakmiic out of the plot. 

dU, Gen, We mean in Soon ei set-house 

m* There was seren horses came in. 
, C^wtn. Who brought iheio ? 

AUen, There was six in the firsl place j one 
MIM is aiier wards io ihe evenitig. 

Mr- C^myeri, By whose order were they 
WMnrlit there ? 

Mien, By Mr* Lewis's order. 

Aii, Gen, How loni^ did iltey stay there? 

Alien. Home of tiiem stuid there several 
^lyi ; ihrM of them went away the next day, 
» I thuik. 

Mr, Cemiftri. Bo you remember about what 
ine tlmae horses were brooght thither ? 

AUim* They weye brouf ht there, I beheve, 
ibout trfreo or eight days before the plot broke 

J^, Gen. ftly )onl« we only ckll thewe wit- 
M^ci to confirm the testimony nf the others. 
Ibt them wisre auob burses there at that tinie, 
lid Ibr lliejpinent we rest it here. 

L, C, J. Then, gentlemen, what say you to it 
fcr the pritoiier f 

Uk B. Sksmer. If your lortkhip pleaae, we 
Hiofoou— cJ for the prisoner ; and ih .t which 
^ aie 40 tnaiat upon, is tkk, which we submit 
to your iordsKipA* jndgmeut ; 1 u the fifpi place, 



whether here be two wttneaaes against the pri- 
soner to proTe this treason ^ according to tbs 
statute of Edw. 6, which ref|atrestwo witiiessei 
in High -treason, and lawful ones ; but that in 
the 6rst place we say, there are not two wit* 
nesaesat all, at least not to any overt-act ibatis 
laid in this indictment. As* to what captain 
Porter snys of what passed between him and 
Durance« the dialogue between them where 
Rookwood was preseut, we are in your jordship^s 
direction ; and we doubt not but I he jury will 
take It into their coDsideration, how fur ihat af- 
fects the prisoner ; that he shall not be eun- 
cerned in any trarisaction lietween Mr, Porter 
and any other persons ; none of their declara- 
iiooK, none of their treasonable practices, can 
be imputed to or aflect him in any way what- 
soever. Now all that captain Porter says of 
Mr. Rookwood is, that he was once at the Ulobe 
tavern, and there was a discourse about this 
matter ; and then he telU your lordtbip of a 
dialo<^ue between him and Durance, and an 
account of what passed between them ; but he 
floes not say any thing of Mr. Rookwood being 
any ways concerned in the matter, but only 
that be dropped this eiprcssitm, it was a des- 

Kerate adventure, a dangerous enterprise, and 
e seemed against it ;, out in tlie end he con- 
cladpd i*ith something in French, which what 
they are, and what they mean^ we must f^tdimit 
to your lordship and the jury ; he interprets it, 
when sir Georfje Barcley said he must have a 
share in it, then Rookwood rcpUeil, There is an 
end of it But there i^ not one word of aj^ree- 
ment sworn to, that Air. Rookwocid spoke to 
»hew his consent. There is hut utie time more 
that Mr, Porter swears to^ about the prisoner at 
the hiir^ and that is, at his lodgiog<t in Little- 
Rid or- street ; for as to the other consult*, Mr. 
Rookwood was not present there ; ll sesfiis 
there was a discourse about the affair, but that 
Rookwood said nothing, hut went away ; there 
was not so moch as the learn intimation of an 
agreement to any such design, or approbation 
of what was a(;ritated in the enmpnny ; and we 
insist upon it as to this in |M>int of Uiw, that it 
amounts to no mor«' than mispn^ion of treason 
at most. My lord, 1 will not now contend 
about notions, nor w i1] I ar^ue whether con- 
sulting and agreeing t>e eviileuce of an overS- 
act ; I submit to your lonlship'^ directiona, aol- 
wiihstanditig the* variety aitd difterenoe of opi- 
Dions thai h«ve hf*en. 

L, C, J. 8ir Bartholomew Shower, I know 
not what yariety of opijiions you mean ; there 
have been some dietcourses in pamphlets, 1 
agree ; but it was always taken aitd hdd for 
law, that consulting and agreeing was an overt- 
act. 

Sir B. Shiiwer. Here is no evidence ef any 
agreement. 

L, C. J. Pray let us hear what you sey te 
that. 

8ir B, Sfimrer. It is not the being present 
where traitors do consult and conspire the 
death of thie king, unless they actually agree ; 
nor is it evidence suliicietit to ^tde or prevail 




J03J 



8 WILLIAM m. 



I 
I 



I 



upon a jurv^s conscience to afiimn tjponlhdr 
onths, tnal such a oU€ is guilty of bigh treason, 
because such a ooc w&s were, and said noliiing 
at all ; for the not diaooveriog' nAenvards, tior 
accusing, i« no evidence at all against Mr. 
B<H>kw^. As to Mr, Harris, be gives ynu 
an account of a great tJeal that does not afiPect 
Mr. Roukwood, neither all that |iassed at 8t, 
Germainst nor in their jnurnev into Knglatid ; 
for all that wa) be true, am! yet the pris»>ner no 
ivay concerned in it. \u to what he affirms of 
the prisoner, we !>hall submit it to your consi- 
deration : what it aniounttt eo, and all that bia 
deposition comets U[> to^ i«, that Mr. Uonkwood 
complained thai be was lu uky implicitly sir 
George Bardey's orders ; uiiil i I arris g^res an 
account but of one particular time that Mr. 
Rook wood undertook, or did ag^ee to be con- 
cerned in this matter ; it was but once, and 
that was, when he gave him ibe note of those 
that were to go to Turn bam- Green » and that 
he was to be his aid -de -camp : and as to that, 
we shall gire you an acwjimt by witnesses 
whom we shall call, that these two witneaaes 
ought not to be believed as to what they have 
sworn, though they do not come up to make 
two witucKses according to law upon ihij 
indictment. What they have aaid as lo 
this man, ia not credible, though thev 
nmj speak true as to others; aud no douGt 
there waa • barbarous conspiracy ; it appears 
there was such, beyond all eiceution and con* 
tradiction ; and the persons that bare been 
condemned as cons|iirators have acknowlei^^ 
it : but, my lunt, that which is now before 
your lordship and the jury is, to enquire whe- 
Uier the prisoner is concerned in this nflair at 
all J and how far ; and we hope the jury will 
be of opinion he is not ctincemed. The 
beinousness of the crime, and the aggravalioi» 
of it, being to Ik* abhorred by all mankind, we 
ihink ought nut to snay with the jury, nor in- 
lluence thtfir judgments to believe a witness 
ever the sooner in accusing any other pei*son ; 
it ought rather to have a contrary allay; for 
the greater the crime is, aud the farther off 
from having any tolerable opinion in the world, 
Ihey ought to expect the greater proof; and 
no one is to be presumed guilty of such an 
act, without very suOleicnt evidence of it ; and 
the greater the crime, the proof ought to be the 
more (lositive and undeniable. It is not their 
being plainly positive that is sufficient, but 
whether it is such that is good in law ; and 
about that we are sure your lordship will give 
(rue directions in paint of law : and whether 
the witnesses be cmlible or no, must be sub- 
mitted and lefl to the jury, afkT we have called 
some wilnesaeD, ulio will give you an account 
of their reputation. 

Air. Phippt, My loffd» we humbly insist 
there are not two witncMCi, such as the law 
requires, to prove the charge upon this indict- 
ment against the prisoner: the two overt acta 
that touch Mr. Rookwood are, first, csnsulting 
and agreeing bow to kill the king ; the other 
ja» Ibe Coding artm and horses lor that purpose. 



Trial qfAmbroie Rookwood^ 

But as to tin's latter, Ibe finding arms 
hcki^ef, there im not one eviAenor that comes 
to it : and tLs to the former, the consu 
whether there be sufficient evidence that 
op t*» that, is very much a question wtti 
but we say, with submission, there are 
two wit:iesses in that case ; for Mr. Porter ta^ 
only whut he was told by sir George Barcle^ 
thut sir George )iro|}Osed this matter !• 
withal he teils yoti, that when sir G< 
cley proposed it, and Mr. Rookwood 
fonniKl what the design was, he 
from conspiring, consulting, or agreetng to 
it, that he said it was a bariiaroiia act, and 
recoiled at it. Then at last says sir Gi 
Barcley, * You must command a party* 

L. C. /. Well, and what said Rookwi 
then? 

Mr, Phippt, Porter says, tie then 8»Md, ti 
is an end of it. Now, my lord, what evid 
is this of a consultation and ugreemtnt.' A 
this is all that Porter says. As to win 
Harris says, we are In consider whetl 
list given to him be an overt- net ; and 
the poitit in question is, whethr.'r that list 
be given in evidence against Mr. Rookwi 
upon this lale act of parJiamenl^ as an oV( 
art, it not being laid in the indictment f Tf 
is indeed an overt-act of a list laid in thei]i< 
dictiuent, as given to Cranbnrne, but none 
given to Mr. RookwooiL 

L. C. X i*ray take the evidence rMd, 
first, ubiit will you make an overt-act? HKf 
do you thu^k when there is a debate ai 
divers persons abaut killine the kiag ? 

Sir B. Shower. With submi»isiun, that 
be no overt-act, if there be a debate of sudl 
matter, though he be present. 

L C. J. Aye ; but when there ts a consnll^ 
and upon debate a resolution is formed, aui 
Ihuugh he does at first dislike it ; yet when tie 
15 tuld be must command a party, he says he 
is content, or tliere is an end of it — W hat doy 
you make of that f 

Sir B, Shouer, He said he did not like it 
it was a barbarous, desperate design. 

L. C. /. It is true; but when sir Georai 
Barcley said he should command a party, hi 
aorpiiesced, and said there was an end of i1 
There was a discourse about cutting off tb< 
king, and that was agreed upou in the conn* 
pany at that time ; and though at grst he dii~ 
Dut like it, yet he might after^vanls agree to il 

Sir B. Shcfwer, My lord, that is it which 
deny ; we say there is no proof of his agree* 
meni to it. 

L, €, J. Captain Porter says, he did 
that he said be looked upon it as a ' 
desiga, and wa«i averse from being euj 
it, but aftenvards did agree to it : whetl 
not that such an overt- ad sa is laid in the ii 
dictmeot ? 

Hk B, SftDwtr, My lonl, we must beg leavt 
for the [irisoner in a case of this nature, that il 
may be recollected what the evidence did aay« 
Mr. Porter did not take upon him to affirm th; ' 
Mr. Rookwood consented to it, but only sai 





fmf High Treason, 

If n ftd of it.' Now we must leave 
e jorjr, what they caa make of such 
laMrorioB. 

[ CiO Mr. Pteter iu again. 
n^tru My lord, the first meeting 
ripnbof, where the prisouer, Mr. 
I, wu, ii at the Glohe tavern, where 
Hie wai ;. the next meeting that he 
mfoo the Friday night before the 
iby when the buiioess was to be 
iamrwards he met at Porter's lodg- 
ibirday morning, in RidernBtreet. 

a Ca|it. Porter came in again.) 

Hirk ye, Mr. Porter, the first time 
■Iter was proposed, when Mr. Rook- 
vcMSt, Tou say was at the Globe 
forter. Yes, my lord, it was. 
And you say he disliked it, and did 
»beooiioemed in it? 
Yes, my lord, he did so. 
. Well, what said sir Geo. Barcley ? 
Sir George Barcley said, he ought 
ii orden, for he had such a com- 
r nch a thing, and he drew out a 
w it was to be done ; ana when sir 
icley told Mr. Rookwood he should 
bii party, he replied in French, 
acnlof it.' 

Thif was at the Globe tavern, was 
ffto*. Yes, my lord, it was. 
I. Pray then, capt. Porter, let me 
Mber question : Was he afterwards 
tioy other meeting, and when and 

Be was with me upon Saturday the 
\j lotlging in Little Rider-street, 
V George Baroley and others. 
L What discourse happened then, 

rbey did there discourse the whole 
lir George Barcley was not for go- 
time, b^aose there was so many 
rent with the king, that there would 
d onportunity to effect the design : 
n they would go off after the hunt- 
', and so it was agreed upon to go 
mdertaking. 

Pray, at tliat time did Mr. Rook- 
1 to ifislike tlie affair, or refuse to 
It ail concerned in it ? 
Vo, my lord, I cannot remember 
B one word. 

(Vas Mr. Rookwood there ? 
^es, there was Mr. Rookwood, sir 
ley, and Mr. Dun nee. 

And had \ou discourse at that 
lis buatinesN f 

fes, my lord ; there was that ob- 
of so many people going with the 
Bade that answer that 1 tell you. 
Why, then, suppose at the Globe 
in expression had not dropt irom 

hot a man is present at two con- 
» Md about the death of the king, 
liif «iilMr at the first or second, 



A. D. 1696. 



rsoe 



Sir. B. Shower. My lord, I confess this is a 
case of a very barbarous nature, of which I 
hope my client will acquit himself: but I think 
we have the authority of parliament on our 
side, thut tills does not amount to a proof of 
treason. It seems they lay a stress upon thta, 
that Mr. Rookwood came to captain Porter's 
MgingB on the Saturday morning the 16tli : 
but then take the case as it is ; for aught that 
does appear upon the proof, he knows not upon 
what account the meeting is, befin^hand. I 
think that is the case of my lord Rnasel, npon 
which the reversal of his attainder went, that 
the evidence came short, and that it was but 
misprismn ; fi>r the evidence was, that he was 
present at the supposed declaration's readtng, 
but said nothing at all to it. 

L. C. J. But i speak of two meetings ; thsrs 
was but one. 

Sir B. Shower. My lord, I do not know whe- 
ther there were two meetings or one then : but 
this is the ground we ^ upon, there ought to 
be two witnesses : and if there be two meetings 
upon s|ich a design, the second may be as ac- 
cidental, and it does not appear to be a designed 
meeting ; and there was no appointment of 
Mr. Rookwood to be there, nor any negocia- 
tion by way of message or otherwise, to that 
purpose. Is this, my lord, an overt-act? Sup- 
pose a man be present at a consult about trea- 
sonable practices, and he uses words that are 
indifferent, it is tme, in the case of a wager it 
amounts to an assent, but it hardly Will come 
to that when people meet by accidenty or for 
they do not know what. 

L. C. J. How is thb by accident? 

Sir B. Shower. It does not appear that it was 
by design or appointment. 

X. C J. Thay were acquaintance. 

Sir B. Shower. He had no acquaintance with 
him but in sir Georg^ Barcley 's company. 

L. C. J. But, besides, there was an express 
consent at the Globe tavern, when Rookwood 
said, * There is an end of it.' 

Sir B. Shower. That is as much as to say, 
I will not do it, I will not go with you 

Sol. Gen. Sir George Barcley was the per- 
son whom they were to obey; and Harris telhr 
von he told them what they were to do, and six 
horses were first placed, and three of them 
after^vards removed. 

Sir B. Shower. That will not affect him what 
sir George Barcley said, any more than Lewis's 
a|>pointing of the horses. 

L. C. J. Then here is another thine, Wh j 
did he give a list to Mr. Harris ? The list that 
was given had Mr. Rookwoofl's name at top, 
as he was to command the paity, and there was 
H»rns*s name and Harems name as of his 
party ; that is, their feigned names : Mr. Rook- 
wood's feigned name was Roberts, that was at 
top, and &ey were to go to Turnham-Grsen, 
and Rookwood told Harris he should be his 
aid-de-caiiip. 

Sir B. Shower. My lord, for thatvl think we 
have a point of law, that we apprehend will 
turn off all that endence, ind sure we may 



«7J 8 WILLIAM in. 

take thai exception now. The words of the 
act are, That no evidence ihall be tnven of any 
overtpact that is not expressly laia io the in- 
dictmeiit Now cannot I shew upon this in- 
dictment, that there is an overt-act in such a 
positive direct manner as tiiey now urge about 
this list ? Will not that satisry yonr brdsliip's 
jud^ent lo set aside all this evidence? To 
make the indictment good for treason, there 
ought to be a compassing of the death of the 
king laid, and an overt»aet laid dedarinjg that 
compassing ; but no evidence is to be given of 
any overt-act that is net fand in the indictment. 

L, C. /. You ans not to take exceptions to 
the indictment now, bnt only to theevidsnoe. 

Sir K Shower. I have tliis one exception 
more ; there is never a * Quodque,' nor a < Ju* 
ratotra ulterins prHsentant.' 

L. C. J. There does not need f bnt that is a 
fault, if any, in the indictment^ and is nor to be 
stirred now. 

8ir B. Shmtr. If there be not a presentment 
by the jury, then tliere is no overt-act alleged : 
and if there be no overt*act alleged, or no such 
overt-act, then we are within the words of the 
act, That no evidence shsll be given of any 
such overt-act but what is alleged ; and it is, 
if not expressly alleged, as if it were oot al- 
ibied at all. Now here it is very feoee, * 6ec. 

* iidem Chrietopliorus Knightley,' and so it 
goes on with the rest, did so and so. There is 
a presentment at first, that they did compass 
and imagine the death of the king ; and then 
the indictment comes farther, and says, that 
forty men should do this business, and of those 
forty these four should be some; and then the 

* iidem' bought horses and arms, snd so it must 
go to the last antecedent, and then there is no 
express alleging of any overt-act; and then it 
is as if no overt-act at all was alleged. 

L. C. J. This exception is not to the evi- 
dence, but to the indictment: it begins < Jura- 

* tores preseutaiit quod ;* Does not tliat relate 
to all P 

Ijir B. Shower. No, my lord ; and 1 can tell 
\rou a reason why not : if it be not so well al« 
hfged as it should be, it is sn indictment as 
if it were never alleged at all ; and so within 
the words of the act of parliament this is not 
an uveit-aot aUeged, and therefore they cannot 
give evidence upon it. 

Sot. Gen. Truly, iny loni, I crannot imagine 
what tlK*y are doing, they are moving in arrest 
of judginnit bclun* a verdict given : they say 
the overt-art is not (*xpn!8«ly laid ; In that an 
eareeption to the ovidence, or to tlie indict- 
mentr 

Mir B. 5AfiMT. If my lord will plc;iso M •{ivr 
us ihe iihcrly, we would Hhrwtlieni can lie no 
venlict kivcu upon this iudiotmeiit. 

L, C. J. Certainly tliia ia an imv^ilur pro- 
ceeding ; this is iiui'sp time of exception to ihe 
j»lgmi*nt. 

Mr. i^hippa. Then, my kird, wesiw in your 
JMdgtnisu, aa 10 the ppaaf ikat has bean niveti : 
if a own be pmssnat m aiastinir if several iier- 
lip % PmmmmSim Mnt^absut 



Trial qfAmbroie Rooktcood, 

killing the king, and this man is 
but neither assents, nor makes 
how it shall be done, whether tl 
silent, and saving nothing, is sncl 
as fdiall coq,vict a man of treason r 

L. C.J. i tell you, oonsentini 
ous design is an overt-act of hig 
that consent be made to appear b; 
Now the question is, What is a gi 
evidence of this consent ? A man n 
times St a treasonable consult fb 
king, and tliongh perhaps at tb 
not, yet at the second he did ki 
meeting was for such a design, 
the purpose there was but two n 
at the second it is determined to g 
design ; Is not that an overt-ai 
cannot be proved that the priso 
thing? 

Mr. Fhippg, If the first meelins 
sent or an overt-act, neither will 
third be, if there way no more dot 
first, but they are like so many c; 
out a figure. 

L. C. /. The first meeting posi 
accidental, he might not know wh 
though that will ge a great way i 
dissent or du»over ; but when he 
with the same company, knowii 
bad in desiffu; does not that prov 
That was the case of sir Everard 
Powder Plot. 

Mr. Phippt. But where it may 
my lord, whether it were with a 
or a bad design, that he met with tl; 
it ought to be taken most favoi 
prisoner : This man might be pn 
to a discovery. 

L. C. /. But besides, that is m 
you are mooting upon points that 
case. When Mr. Harris came U 
wood, and finding them in some 
being inquisitive what was the 
was sent u> Counter ; and when I 
what they were to go about, h 
meeting Mr. Rookwood, says to 
sent over to murder the prince of ( 
Rookwood, if I had known of this > 
1 came from France, I would hav 
king's, that is king James's pardon 
to nave been excused. Hereby 
Ilia knowledge of the design, anil 
to do ; aud though he dislflfied, ye 
orders. 

Mr. Phippg. Tliere is no doubt,, 
he knew of it; but whttlier your 
construe his silence as a consent, i 
the question. 

L. C. J. A man is at frequent e 
killing the king, and does not re 
great evidence ut' liis consent. 

Mr. Phippt. Unt it is not prove 
actually consent lo it. 

iSii/. 'Gen, My lord, we most 

your lordbhip, whether this is nol 

IMPoper and irregular at this ttnw! 

arguing how Ihr thn cntact i»lc 

8 



209] fir High Treason, 

hhtt ibe time pf^per for sucti tin nirgiiiDetit 



dit. Gen. If Uiey will call thdr whnes^e?, 
kt them ; «jt if they say they have ncme, then 
iht-v uiAy make ibeir observations upon the 
^ii«»Dce ; but else we desire we may be kept 
miiie tisuai met bod of jmiceeiling^s. 

Mr, Fhipps, With submission, we thoutrht it 
fklo know I be opinion of (he court fir^t, if there 
be iwu witne^Ases against the prisoner ; for if 
tet be not two witnesses, as ibe law te~ 
•BRi, ire Deed not trouble the court vritb our 





I 



*r B, Shower, Then» my lor J, we mott de- 
^ IliM tbe reeori) may tie read of captnin 
^« eotivictloQ of luaDslaur^bter ; a man 
s been ^^^iliy of doin^; auch an act, felo» 
, mahcioijshy and voluntarily, us that is, 
m nnt a coiiifjetenl ^ritneifs. 
Ci. fJ'Ar. It haf been read already. 
da 'Gem, 1 thought we hatt been over that 
«ljKiio0 Fiefore. 

Sg B. SAcater. We think it h proper for us 
li Mfve it now a^ahi ; for tbouoph it is no ob- 
MEfjoQ to bid beiujf a legal witness^ yet we 
mf^ It will influence his rep*Jtation as to bis 
fur lie ibat has been g-uilty of killing a 
In guch a manner as the indictmeut lays 
" ll find but little credit, we hope, with a 
of comitrymen. But since it bas been 
;, and your lordship and tlie jury have takon 
of Vt, we will call some otber witnesses 
Id Mr, Porter's reputation and behaviour, 
mk they wiTl prore things as bad as nn 
, I shall not open them to your lord- 
heg leave to call oor witnesses, who 
ac^^naint you what they have to a^y, 
da. Gf». Certainly, my lord, you will not 
ik 10 let tbcm do so. I desire they would 
vm nny ibing* of evidence without ac- 
the court what ibey call ihem for : 
Were the way to let thein in to call 

to thiu^ that are not proper. 
X Nay, without doubt it is not regxilar 
ti'pfiodace a»v evidence, without opcniDg' it. 

Ait. Gen. iFor if it be for any crime that a 
ntn may be presented for, and there is no cod - 
fiction ; 1 think that ou^ht not to be given in 
evidtnaee to take awav a witness's credit : f f it 
beonlv tr» bis gencraf reputation and behaviour, 
cy may jjo, and we cannot oppose it. 
1 desire sir Bartholomew Shower 
irm opf^i to the court of what natare hii evi- 
i l e o c e is. 

Sir B, Shower. Well, 1 will tell you then 
what 1 call them to. 

L. V, X You must tell us what you call 
them to. 

Sir B. Shoti^t' Why then, my lord, if rob- 
tifiirtipo Vivvayjf clipping", if convers- 

ing with , it fornication, if bng-gfery, if 
any of tbe^e irregularities* will t«ktf utf the 
credit of a man, 1 have inj^tmction^ in my 
Wif, of «Tidieiiee of crimes of this naturi*, and 
jMint porpofe against Mr, Porter ; and we 
that by law, a priiioner standing for liis 
m tlberiy to give an acGoaat of the ac* 
VOL, Xltf. 




A. D. 1696. [2Ifl 

tioD» and behaviour of the witnesses ajjain*! 
him. I know the objection that Mr. Attorney 
makes, a witiie<<B does not come pre[mrcd ti 
vindicate and give an account of every cctioii 
of his life, and it is not commoi^ly allowed to 
give evidence of particular acTions ; but if those 
act tons be repeated, and a man lives in the 
practice of them, and this practice is continued 
tor several years, and this be made out t>y evi- • 
denee ; we hope no jur3'^ tiiat have utiy con- 
science, will upon their cat lis give any credit 
to the evidence of a person against whom 6Uclt 
a testimony is given, 

3Ir. Phlpps, We are speakings only, my 
lorfl, to the credit of Mr. F'orier ; and if wo, 
can shew by evidence Ibat !ie is so ill a man a« 
to be guilty of those crimes that we have 
open eel, accord ingf to the instructions in oilf 
brief, wc hope the jury will not think him fit 
to be a gooil evidence against us in this matter* 

X. C. X What soy you to this> Mr. At- 
torney f 

Alt. Gen. My lord, they themselves know; 
that til is sort ol evidence never was admitted 
in any case, nor cun be, for il mu«t tend to the 
overthrow of all Justice and legal proceedin^st; 
for instead of trying^ the prisoner at the baf, 
they would try 'Mr. Porter. It has been al- 
ways denied where it comes to a particular 
crime that a man may be pvosacuted for ; and 
this it seems is not one crirae or two, but S9 
many and so long^ continued, as they say, and 
so often practised, that here are the whole ac- 
tions of a man*s life to be riot up, which they ^ 
can never shew any prececfent when il wae 
permitted, because a man has no opportunity 
to defend himself. Any man iu the world may 
by this means be wonnded in bis reputatioii, 
and crimes laid to his charg^c that he never 
thought of, and he can have no opportnnity of 
g-iving an answer to it, liccause he never ima- 
gined there would be any suc^h objetrtiou : It 
IS kinitig a man in his good name by a side- 
wound, against which he has no protection at 
defence. My li>rd, this ranst tend to the pre* 
venting all manner of justice ; it is agutnst all 
common sense or reason, and it never was of- 
fered at by any lawyer before, ns I believe, at 
leastwise never so openly ; and theri-tore I 
wonder that these gentWmea should do it, who 
acknowledge, at least one of them did, that ae 
ofleD as it lias been now offered it has been 
over-ruled ; arid I know not for what end it is 
offered, but to make a noise in t!ie court: 
They know that it is irregular as muth as any 
tbiiitj" that could be offered. 

SoL Gm. IndeeiJ, my lord, if the prisoner 
at I he bar had oflTered this matter, if bad bf en 
f xcusabte ; but that gentlemen of ibe long 
robe, and who are so w^ell acquainted with thu 
practice of the courts of law, shoyld pretend to 
do such a thine^, is unaecountahle. There 
was somewhrit like this tliat was offered at 
Manchester, but that was by the prisoner, to 
prove that one Lunt who wits a witness had 
two wives, and they brouj^ht a copy of an 
indictment upon whicU i\ixx< yi^ u^ ^^'lyi^e^a''. 



J 



8 WILLIAM m. 



I 



I 



I 



811] 

after lEiat they endeavoured to prove Uim 
guilty of scleral robberies ; but all tbat sort of 
evidence was refused. I only give tlu^nt this 
iJiKtaPce to shew, ihftt where "the prisoner has 
attempied it, il has l)eeo always rejected ; and 
I am sure they caonot shew tne that ever it 
was allowed, even to the prisoner himself, to 
give any thiuj,^ of this kiud in evidence ; and 
Ibis 1 must say, they can never shew me any 
oue parlicidrtr ini^^tiiuce^ wlieii counsel ever en- 
deavourerl it> do it, before this titne* 

Sir Ji. Sh&iier, My lord, 1 ment'otied the 
particular crimes, the faults which I had in 
my instructions to object against the credtt of 
the testimony of capl. Porter, in answer to Ulr, 
Attorney's desire, that 1 would ojien the jiar- 
ticulars of the evidence, that I would call my 
witneascs to the truth of it ; I was loth tore- 
peat the words, I think the thing's themselves 
»o abominable ; but we conceive, with sub mis - 
iiou, we may he admitted in this case to offer 
what we have oflfered. Sun pose a man be a 
commonf lewd, disi»rderly telhyw, oij^ that fre- 
ijiiently swears to tahhouil lor his life : Wc 
know It is a common rule in p«int of evyeoce, 
that airainsl a witness you shall only give an 
account of his character at large, ot bis gene^ 
ral conversation ; but that general conversa- 
tion arisen' from particular aetionn, and if the 
witnesses i^ive you an account of such dis- 
orderly actions repeale*!, we liope that will go 
to bis discredit^ which is that we now ai^e la- 
bouring for, and submit it to your lordship's 
opinion whether we may Rot do it» 

L, C* J. Look ye, you may brin^ witnesses 
to give an account of the j^eneral tcnour of 
his conrersationt but you do not think sure 
that we will try now at this time, whether 
he be guilty ot robbery or buggery.* 

Sir B. Shi/ner, My lord, we wd I give you 
an accoutU that he used to have a private lodpf- 
ing*, and cume in with his horse tiitd, aiid 
several other such things, as tbat he used to go 
out in disguises, and the like* 

Mr* Fhipps, My lord, I cannot imagine 
why a man tbat has been giiiltv of any such 
crimes f and is not taken, should be of greater 
credit than a man tbat has beea token and 
pt)nisbed« 

X. C. J, Wliat istbat y^u sa3% Mr. Phipps ? 

Mr. Phipps. ^ly lorJ, I say it is the crnu» 
that renders a ujan infamous, and 1 do not 
know why a mun that has had the good for- 
tune not to be taken and punished fur great 
crimas by him coiumittedt should be in a belter 
condition as to the credit of his testimony, than 
one tbat is token and undergoes the punish - 
mentof thelaw. 

SoL Gtn. Mr. C ha mock urged that as far 
ms it wouhl go, but we are obligSl, it seems, to 
hear things that have been over- ruled over 
and over; but I desire to know of them» 
whether they can shew he has been guilty of 
a greater crime than he has confest himsielt 



3, 




• See Peake*s Law of Evidence, chap. 
WitueMe«y sect. 2, art. General Chamctcr. 



Trial of Ambrose Rookwood^ [212 

{(inliy of in court, I mean of tlie intended 
sa>isioation. 

Mr. Phippt. No^ we agree we can not ; hut 
pray let us prove him guilty of as many 
crime* as we can. 

Sot. Gen. But, tny brd, 1 ho{)e you will 
keep them to ihe general question of the CQfn% 
mon ordinary tenonrof tiis r^nversation, 

8ir B. Shouer. Call Mr. OldfieId» Mb 
Nicholas, Mr. Millbrd, 6hck Will 

[Mr, Mitt'ord appeared, 

Cryer, Lay your hand on the hook. Tii« 
evidence that you shall give on behalf of th 
prisoner at the'bar »hall h# the truth, the wbol^ 
truih, and nothing but the truth. Ho bei| 
you God. 

Sir B. Shovecr. Pray will you give my lorJl 
antl the jury an account whelher you knoi* 
captjiin Porter, and how long you have knowi|r 
hirn ? 

Milford, I have known him about fonf 
y ears- 
Sir B. Shower. What reputation is he off 

Miijhrd* I never knew any hurt by bim i| 
my life. 

Sir B. Shower, Pray what is your naoief 

Miiford. Frederick Miitbrd. 

8ir If. Shower. But the name tdk my brief I 
John Mil ford, that is my man. 

L.C^J. But you sec ibis man knows hln. 

Sir B. Shoutr. Call ftlr. Oldfit- Id. ^ 

[Which was done, and he appeared 

inglvO, 

Mr. Phippt. Do you know captain P^ 

Oldjield, Yes, I do. 

Mr, Phipp$. How long have you knowi 
bim? 

Oldjield, T believe about twenty yean, 

Mr, Phipps. Pray will you ^ive my l'-^^— 
and the jury an account of his lite and coAvec 
sal ion. 

Oldjield, I can say nothing, he was aliray 
civil in nsy company, but he was lewd in ' 
discourse. 

Sir B. Shower, What do you mean by bei 
tei^d in bin discourse T 

Otdjitld. Why, he would be talking 
extravagantly. 

Mr. Phipui, What do you mean in talking 
Was it of what he had done himself, 8ir? 

Oldjieid. No otherwise than that he 
whored, and those kind of things. 

Sir B. Shotiitr, What other things 
whoring? 

Oldjield. I know no other part of it. 

Sir B. Shoucr. Where is Edward Boucl 
(He did not appear.) 

Mr. Phipps, CaU WiUiam O^Bryan 
did not appear.) 

Sir. B* Shaver. Where is Mr. Page, and 
IlardimaD ? 

(Wone of them appeared.) 

Cryer* There is not a man of iheio berl 
Sir. 

Sir B, Shower. Mr. Webb#r, Do you kooi 
where they are, fur the court stays fur them 



I aooi^ 



1 



(Bi 



Jar High Treoim* 

Webber. Inilced I Jo uol, llicy were 
turned to he hrrc'. 
Rf B,Shimcr, Where is Black Will ? 
Crjftr. BUck WUI. (He ajipeai-e*!, und was 

JL C. J. Ask him if lie be a Christian. 
I Cryrr. I bav« asked him, and he says he is 
ICJuistiaa. 

(ThcD he was sworn.) 

, /, Well, what do you ask hitn ? 
^BoDkmoad. Will, Pray gire an account of 
rQinster^aod of his file and convt'ifcatinn. 
. Phtppt, You are sworn to I el I the tmlh, 
-Uciirt. 

It. I served him almost ei^ht years, aiid 
L» t>ee-o a rcry good master to me, my 

Shvwer. What do you know him to 
af?^WilL Nothing al all. 
Shoxer, 1 beUeve they hare put in 
• men to confirm his reputation. 
hCJ. Indeed,! thiols the king\ counaeT 
iM hire called these witnesses if there had 
t aceaAioa. 

rB. Shower* We siibmit it to your direc- 

Itow far this e?idence will aflect him ; 

inolbiogsaid, aswc ap^^rehend, that wilt 

, to treason ; if the prisoner lias a mind 

_ any thing^ himself, we hope your lord- 

» will p leasts to hear him. 

. J. Aye^ if he will, let him. 

od, Wy lord, Mr. Porter dops not 
I consented to command a parly « 
C. J. Is that all you have to say f* Then, 
tatUmcat w ill von sum up ? 

. Ctmyeri. My lord, we are agreed j we 
t to the court' on btfih sides. 
i C* J. Then, gentlemen of the jury, the 
rat the bar, Mr. Roukivood, is indicted 
Ibi^-treason, m compastsiug^, irna|riiiing, 
Imtetidin^ the death and destrnction of the 
, by a itumi barhaitius and wii'keil assas* 
you have bad an account of this de- 
two witnesses that have been pro- 
the one is captain Porter, the other is 
ris» who swear ihey were Inith con* 
< as actors in it. 
Captain Porter tells you, about the tatter end 
of Jinimry, or the beginning of February last 
ot^^e Barcley came over into England 
(France; and there was a former ilesi^i 
der the king; and al^er several meei- 
conferences amon^ the cons|iirators, 
itne to a resohitiun itiat he shnnlil be a<;- 
Bled ; but which way to effect ii^ ad- 
l of a dispute among them ; (or the kin^ 
yoa have heard, going frequently, aliont 
tm week, a hunting on theotlttfr side the 
Richmond, the design was lirsl to 
ISBvituite hitn at Hiatimond P/^rk, or tlierc' 

Rl he riHurufd from liiinLin!jf, and pre- 
vras made acci}rdin;rty ; bui thai not 
folly agreed upon, the convenicncy of 
held iiill some debate; for sojne were 
, _ .A* that it was better to make the at< 
Irniptao ibii ii'Je the water» tbao un the other i 



A,C. ie9f. 



[21* 



.iKai 



tfftma 



. Uarris 




theTefore, as Mr, Porter tells yon, to deter- 
mine that tlifficulty, ihfre ivt^re several men 
sent, wtit?rei>f he was one ; Knighltey another, 
and King a third, to view the ground on both 
sidas the water, ami to make their report : the 
grannd Ijeing viev»ed, and the report made to 
some of their aecom|»lireJ3, v%lio to receive it 
met at the Nag\s'Head in Covent Garden, 
which was about the tenth or tvvehUi of Pe- 
brnary last ; it wa^r (hen agieid Ibai tlie king 
and his guards slmnld be attacked on this side 
tlie water, about Turnham-Green. 

Mr. Porter has told yon, that at several 
mpt'iings lor I lie carrying on this design, the 
prisoner Mr, HiM>kwood was present* m<>re[iar- 
ticubrly at the Olobe Tavern in Haiton-garden, 
where were also sir George Barcley, Mr. 
Clianioek, sir William Parkyn^, himself, and 
others, and tliere they did enter into a consult 
liow they might assassin ale the king ; and it 
beini^ proposed, Mr. Hookwood did not like it, 
as Ml'. Porttjr says, but said it was a desperate 
a I tempt ; and thereupon Kir George Barcley 
pulJed out a scheme tbi^t he had, and shewed it 
at that time to Mr H<iokwood, and said, yoa 
Hte sent over from France, and ate lo obey ray 
orders, and you are to command a party ; and 
then Mr, ilonkwood made an answer in French, 
' There's an end of it,* which, as he says, im- 
ports a consent. 

Then at another time, which was tlie Sa- 
tnrday morning the 15ih of Feb nary, they 
met at captain Porte r^s lodging, and there was 
a discourse about going on to put the design in 
execution; and one Durant, otieofihe men 
that was lo watch the king and the guards 
going out at Kensington, came in, and th« 
question was, whether they should go that day 
upon the design? They h&d di^tcuur^e abonc 
it, and Mr* Huokwood the prisoner was ihera 
present, and there did not up|>car any dissieat 
in him to the prosecution of the design, but it 
seems it was readily agreed among ihem, to 
pursue it according to the former detertaina- 
tion. 

Then the next witness that is produced ia 
Mr, Harris, who gives you a large account of 
the beginning of his knowledge, and of bi» 
being concerned in this matter ; lie tells you 
he was in France, and at the court of St* Oer- 
mniits, where the laic king then was^ and tliat 
he spoke with him, and xvhere was also co- 
lonel Parker ; and king Jiiines took notice of 
him and of his taithfut sen ice, and tuld him^ 
he ulways designed him a kiulne^s, and then 
h'^d opportuuily i>f doing it, jlthI «:atd he would 
send him over into England, where he shouM 
he subsisted, and directed him to obey th^ 
orders <if sir Oporge Barcley ; and there beiog 
one Mare by « who was to come over with him, 
knvj James gave them both names of di!$<^uise 
wtiich ihey were to go by in England, and, as 
it ^eeuis, i»ther& that came over did also assume ; 
tor Mr. Rook wood went by the name of Ro- 
berts, Han is was to go by the name of Jen* 
kins, and Hare by the name ofGuiney; they 
were directed to apply thftxtselroitoiirGeori^c 




I 



I 



I 

I 



I 



Biircleyf ^Ttd had ftirRctioDS how lliey shnuL] 
f]|]d hint^ lihith wtre lo f^ointri Covenl-g:ar<leii, 
in the ev*>ning, ujmti a Momb y or a Tlnii-siby 
unrj it' they nnw ii persui) thiit had a vihtte 
hantlkerchitrr hanLi";^' out at liis pcu^kel, they 
were to Xnke nonce »it' him tn te sir Gc-orije 
liarcley, urMl liny hud len levvisd'itres a piece* 
tor Ui^ir ji}ume\s tt* carry Ihem uff; ami 30U 
haF(7 hi^ard tram whom tney had itietii ; anil 
|bey were toM, ihai ifat Calais they were kept 
2im|i^ei- than I hey expected, whereby their mo- 
ney was spent, care wns takf^n tiiat they sihould 
i>R till ppl led from the governor of Calais^ the 

Sresj.letiithere; and it sccm*i Mr, Harris and 
Ir, Hare m ent together to Calais, and lay a 
coaHiijerdlde lime for want of a wind, wherehy 
Iheir oioupy fell short of defray injf their cx- 
peuce^ ; hut thry were afterwards aopplied by 
the (Tovernor of Cnlaii, acrordioj^ as was pro- 
iniaeil at St, Germains. 

Gentlemen, lie tells yon, thai af\er they came 
intu Eot^huulf tlie firt^t time thny went to seek 
air Getiix'e Barcley, wfts npon the Monday 
uitfltl, huL ihi-y didnot find bun at thyt time ; 
hnt al'teruauU thry met with him, and Mr. 
Harris hail snbsistenee- money from him, ac- 
cording to kinj^ Jameses promi<«e, which vvai> lit 
^he rate tA' 5i. a -day, when he had rm horae» 
«nd afterwards when he bad a lior^e, at 6*. 
fi-day ; this is the account he ^i^ca you how 
lie came overt ami of his jounjey and inetftiniif 
with sir Grorye Bare ley. 

^nd now he conies to «i{)eak particularly con- 
cerning* ilie prisoner at the bar, Mr. KookwomI - 
He tells you, that on Saturday morningf I he 
l^th of February ^ the first day when tliis as^an- 
■inuiiou was deniirucd to be committed, he wi nt 
to the lodi^itig i>f one Burk» wheie Mr. Rook 
wood was, with others, and he found tlipm all 
ia a i^eut dii^oriU^r ; and ihi^reuiiim Iil^ asked 
rijeni, what wjir the matter, and what they were 
l^oin^'' In do ? And Hftokwood bid liiiu go to one 
Conuter, aiid Uv shuuld know ol him whal wu8 
the matrcr : acoordtnifly he went to his h»d^* 
la^, atid Counter told him ami those vUio weie 
with bnii, tliat ihey muiit {^f't ri'udy to go to 
Turnham Giien ; tiiid at the same time and 
jdace hi' mt*t widi sir Giorj/e Barcley , and atWr 
tome ttiNcouriie of aitnckui»,r thi* coach, sir 
Ge^iri^e Bdrclcy at the fir^t said, they nvre tit a 
iiinizarie< j ;ttu\ athrwards ^TfjjM^ out, he caiue 
in ngaui aiul sbhU llit-y were mm ot houonr, and 
ihut iiu y wtre to go ahroad lo attack tlie piiuce 
pf Oninge, 

The n«'Xt day, or a little time after» Mr, 
Uarriv mei witi» IVIr, Hook wood, and enters 
jntii discourse \* ah hrni to iIiir cHVcl : \\ hai ! 
jire we sent 01 cr to aiunler the prime of 
Ornmre? It m a strange sort of employment : 
(for It fcecrn» lliey wer^^ not inrormt'tl iuViauce 
what lliey « ere to do here, hut they viere to 
put themseKes under ihp cjihiuci <d »iir Gemije 
Barcley, nndohe^ lissordcTS ) Air. Uuok^Mlod 
taul, he wiw afraid thetljint^ vas >o, mid tliat 
fhey wcredniwnin ; hiil said. It he had Unov^n 
pf the dt-Mii^n helore-hnnd, be would out have 
^fce o^ei*! but bafe begg^^ the king's pardou. 




Trial qf Antdrase Roohmod, 

Which »ihews not only \m knowledj^ of 

desifrn, but bis being engaged in the pn 
tion ot it. 

And then, Gentlemen, you are told fiirti 
Tl»a< upon the gfoin^f out iipon8dlurdn\ ihe \ 
whii b was the second time it w^^ to have i 
put in execution, there was a \\^\ of meo 1 
Mr. Uookv^ood |ravfc to Mr. Harris of sei 
names that he ha« mentioned to vou ; lie sa' 
Mr. RookwoodV niirne waii at the top, 3fi 
that was to command the party, and I ho m 
he went by w»& Roberlfi ; and there was (far 
connterteii name, which u as Jenkins ; 
Hure*!i comiterteit name, which waa Guii 
and they wtie to nifike ready lo go to T( 
ham-Gietn. He tohl liim, there was a 
and thnl be and Harri<i was f 1 be of hifi pari 
that he nus to attack the prmce of Orantje,! 
that Mr. Harris .should l>e bt^ aid ile camp, 

G( ntlemen, I fur^ot to tell you, That betwi 
the tirstS^aturilay and the aec<md, Mt^. Han; 
Mr, Hr»okwondt anti Mr, Lowick, walkriig 
Hed-Lyoo- Fields, and tht^re in di^coi 
amonf:*themselviii, Mr, Hun is and Mr, Ron 
wood did express tiietosclveR lo he iiiueb c 
cerned that they were to lie employed u 
m»ch a desig'n as this was* w bich they owi 
to be tery Jiarltaronai hut Mi% Rf»okwooiJ \ 
Lowick said. They were under comiuund, 1 
tnuKt obey orders^ though Mr. Ruokwood 
not like the design they were enifatfed in. 

CJeiitfcmetJ,thev hii*etutd }ou ol horses I 
were plai"©!! at fciuraenwt- ho«ise in a sti 
thtre, under the cpre of Mr. Lewis, my I 
Fe* ei'sham'si gemleman of the horse, about 
or seven horspK, und those n\ horses tf 
thereat that time were afterwards taken 
but that \s only a circumstance, 

80 that, Oetitlem^Ut tins i« now the aitm i 
siibvtQUce ol this evidence thai has been gii 
you, as tar aii it relates to the prisoner : 
counsel in his ilctence have ins i^teU upon 1 
veral ihiogs ; in the tirsi place, thougU i| 1 
last merit loneil in tune, yH ii ou^hi to have \ 
first con!< id etation ; the ciiunset for thepriaoi 
have endeavoured 10 lake otf ttie credit of ] 
Poller, ami have 0|ieneil indeed very jjri 
crimes ihut he Blioufd heg<dhy ol« whn h nil 
»*ender htm a person n>*t u» be lieht*%edj I 
tbty have not plowed iiny thio^ ; no utni 
that they haie calleil ajjaiiiHt Mr. l*oit#r*a 
the leufit a;(auii»t Imii lo invalidule hiK lestaiicii 
or to induce yon lu disbelirte wIihi iic baa sfl 

Thtn they Ray in poitit of law, Tliere is 
overt- art pm^nl fd' iin> design agaioM | 
kiiig^s hfe ihai affects ^\\\ Rtkokwc^od ; ui 
that main-r you are to coiinider of, wbethep* 
noil ilots a|*fi^»r by the it'^iuuony of two n' 
I ne^^c^, that Mr liooki«ood hqs toneertiml 
this desif^ii of U9»jia«}iirialiiig the kiOiT ; Cft|ill 
Porter is pruiitive that lie ^^ aiv 31I the cuu!»uli 
the Glolje-iavern, where it nas firopt^Ftd, 1 
battd, and resoked upon ; but Mr, Rookwc 
Kny.s, hu <ltd dii^like 11 ; (^o ^uyscapiatn V*\ 
lit- d d not Hpprove of it at the fiui updn | 
bi tit;; ioifuuhitid ui h it-, but bein^ m 
j to obey the orders of sir George Dardey, 



•UUUl I 







imi 



High TreasomJ^ 

George Bareley producing a sclieme ready 
drtwn« wlief^m he H4« tu cntnmaiul the party » 
l«Hij]g hitik^ that be mtisl n\\ey oide rs. Wan 
hrar wbai he sakI, uitl tl>e answei- he rrtiirnect 
inPraiichT Tbrre is an etui oi it ; whether that 
4iCi Mtiamuutil to a amsfut und a^rt^t-ment tu 
biiOgfm^i in lU« cle»i*^n, is l«t'l m ytmr codsI- 
4ii»liiiii ; trir i^' ii ilo^ it is pUmly an o?ert-act, 
Tben, Genlletiien, yau hcAr further, that 
liiiTTA was luld by iVlr, Rjokwocvl, that lie 
■hAQlii b« orbts party, and le his aid itu campi 
»B4|fotuTuriikiaiii'iir4^c'tJ to attack the prince 
iift)r»ni^,and Ue had a]t»tot men given Iriuihy 
Jliikiirooti, and viras directed to get the rc^t 




ICfiff^&^cKH/. That was not in thcindietmcnt. 
L*C J. But you were at that rattling, which 
1 lU the itidu'tnieiit. 

itrood. My lord, that list ig not in the in- 
em ; the list in th« itidtctiiient rctcrs to 
Mr, Cranbume, 

L C J* Sq, but thai is an evidence of yoar 
kifif in ihede^iun; I hope ih»t list of nieti 
•iit^aitfiieetideQceot the Lunjieut and aj^ree- 
■mtiJiaiMr* RookwouJ WHS to cifinmanJ a 

6ur B. Shower. With ffubmission, my loril^ 
i^ftbcaci seem otIitTwise, and that 
&htiii1d bt*|^veo in evidence, that is 
iy allrili^ed. 

L. C* /- But ran not there be one act, that 
m%\ \m [if*H%i of another uet wbirh is a! ed^ed I' 

liir B. Sfnm€r> Then there \s no advautau^e of 
Ibiv lanr ; |iir« my h*rd, the end of the act uus, 
Tttal tht y dhuiihi ktiu . the puriicuhir cnines 
tbsltbry Merc to antiM^r tu. 

LC'j. TUat cotdd ne^er be the end of the 
law, \\ml all particular facts that are hut evi- 
4ri3«F oT ibt' tnc)^ al led cieif should he set forth in 
tW 4mJ*eUiietit ; it mii» sutlicient before the act, 
to 4J**<d|;r any overt act; mid any oth^rovfrt- 
aci, |Jb«Ma|^U iiut alh'd^^tdautil h^d no relation to 
|lw ofipf t-sct that Masaiti'd^ed, ytt if it ucre 
ID ilie cainif s^irt ol ireasou, might be given in 

*ftr B "^hoirer. The law says, Ye sltaU not 
^r e«iilei)i'«> of any overt-act that is Dot ex- 
H ui«£iiiio(jed« 

C J* It i« not urg^cd as an overt- act, 
ft r»idence of ati overt- net ibnt is alled^rei) * 
liriailsiiee. theov<rt-ait alledged iii, tbuf they 
M HMWl attd conduit, ^hall not ihey fi^ive in 
fvidf«l04$ wliat Mixv, ^idHiiiM^ii^ ^* thosi: tneet- 
IDfpi, tliautrh not iilUdired :' ^ijr George Burctey 
^roilnc4^i a sbcbeme at the (j lobe- tavern, $iball 
oat tbe producing of that scheme be ((iven in 
v^vU^tictr ^ If it may, why n^it the giving the 
list tM Harris? 

Mr V^ihjtfti. !^Vy lord,, it U plain it was 
Itr Attofuey's opinion, it couhl nut ije gi*en 
h ^viueoce, noteH!4 it wns alletlged in the in- 
lifctiuent \ liecao'^e he has particularly al- 
Id^l lh« bM lu Craubnrne^s case^ in this 
bilifitinefii. 
Oen. I know not ivhat those srentte- 
by \\\i% twrl of practice ; certainly 
iiet«r urera w^ mftoy irreg'uliM'ities com- 





miitcd in any trial as in this, and tinw parttcn* 
larly to break iu upon the court in the midst of 
tlvc eliur^e, 

L. C. J. Nay, nay, if ihcre l»e any nxiatakep 
let us hear them, ih^it it n»uy he recltliied. 

L. C, X Tre6y. I think we should receivo 
them, to iiT if they can o*ake it our. But the 
objection 1 do not very wi-ll understand yet j 
^r, as I take tbe matter to stand, it is alJed^ed i 
in the indictment, that ttiey hail prepared men 
and anus, and horses, fai the execution of this 
desijfn. Now ii it not fpa^onable, or can 
there beany thiniif niort* proper, than to g'iv^ 
in evidence^ and prove that the fnisouer had, 
and dehi ercd to some of the complices^ a hst of 
those men that were to do ilf ^V'hy, it proves 
the very thiti^ alktfged ; but let usscewbe* 
ther it he so. 

Sir B. Shower. My lord, there is do eucIi 
thing a Hedged, 

L. V. J. That ts strange ! pray see if It b« 
in tb& indictment. 

Clerk if Arr, (Reads.) * Conreniebant, 

* proposuenint, traciaverunt, consuliavernnt, 

* consenserunt, et a|^reaveiuut, ad ipsum Do- 

* mhium Kegem nunc ex Insidiia et Dobper« 

* cniiGiHUim^ Angiice * to as^ssinate,MDto^fici- 
' end urn, «t murdrHndutn ; el ad execrahilemi 
' horrendam, et dctestabilem Assasbinationem, 
^ Angtice ♦Assassination,* et interfectionem 
*^ illam cilius exeq»iendum ci perpetrandum^ 

* postea scilicet t^iadem Die ct Anno, ac di- 

* verbis alii^j Ditbusot Vicihus, apud Farochi* 

* am pro^diciam in Comiiatu priedicto, prodi* 

* torie troctavtrnnt, projH'Huei imt, et consulta- 

* veront *}e Viis, Modis H Mediis, ac Tempore 

* et Loco, ubi, qnando, cjualiter ef quorimdo 

* dictum Dominuiu Etegeni sic ex Injiidiis fa- 

* eilius iiiteriicerenl ; el consenserunt, asjrea- 
f vcTunt et asseuserunt, quitd quadraginta 

* Hiimiues equestres aut eo cir<'iter, qnorura 

* ii*ltm IJlirisiophorns Koighlley, Rohrrtos 
' Luwicki Amhriiiiius Hookv^ood et Caiolus 

* Crauburne Jbreut qiiatuor, et quilihet horum 

* proditorie sujier se j*usceprt esse nnum, cum 

* jjomlmrdis, Sclopis et fciclopetin, Putvere 
' bofidianhco et GUdiuUs plumbeis oner at is, et 

* cunr Ghifliis, Ensihus ct aliis Arm is annali 
< imiidtiiti tortnt, et essent in ^iubse^sn, Art' 

* gikt *■ in ambuiib,* adundem DrMiimum Rc« 

* ^em in ftbeda sua, An^Occ *■ hif* coach,' cx- 

* ihtentcm, qnando IbriN iret invurteudum ; 

* quodqne quidam et competens NuTuerus do 
*• HuminihuK il i^s^ sicarmatisinHaielhteft, Art' 

* glke * I he guards,' ipsius Domini Regis euni 
' tunc attendenies et bee um existciiti :^ agtjrcssi 

* ibreut, et eoa expugnarent el deMnterent^ 
^ d nm alii eonindem IJoininum sic armiatoruiii 

* ipsum Dominura Regtm perruterent> inter^ 

* tkerent, occiderenl ct murdrarent/ 

Mr* Ctwyfri. And, my lord, there k cH- 
dence of some of these forty men, wKoM 
nameti were given in a list by Rook wood t» 
Harris? 

Mr, Fhipps. But now, in CraDbnrne's perl, 
the list is expressly altered as an OTert- icI* 




Ttiai of Ambrose RaQkw:oi^ 



I 



L. C. J* Never talk of Cranbum^, we have 
Pdi him before Ui» uovt ; Imt wbnt ilo yua »ay 
10 this of the ru.i|riven Uy Rookwuod to Harria ? 

Hit B, Shoicer, My Lord, «ie s:i y this b 
not evidence of aa overt- act, aceonlini^ tu tUii» 
act of porhameol ; whicb sa)s, wo efi«kiiee 
shall be given of any oiert-act, ihut is imt ex- 
jiresBly ^ledgeci in tlic iuiliftinent ; lujw ihe in- 
nictment says, tbey did sy^ree that T^rty hi^rse- 
men armed, ot which liietour named werei<» In? 
foor, and every one uudertook U> ii€- otie, ^vbo 
fthoiilti lie ill wait to svi upoo ilie kii^i; in bis 
coacbf aud a competent dumber sbuiild set upon 
the guards; and then it E»ay$, in ordtitr to fulfil 
this, they did pre^iare tiorscs and arms, and one 
of Ibemby ihe cooseui ot all the rest did <'arry 
forward aud backward a hst, that is, Crao- 
bume; atid that partirulur hst is a purlictdar 
overt-act alledged hi the indicltiient ; which 
makes it plain, ihey thought it necessary to he 
particularly alkd^ed by iliis act of parha- 
lueDt, or they could not g-ive any evidence of it ; 
now the list tliat evidence is given of, is sup- 
posed to be delivered by rhe prisoner to Harris, 
Now first we say, it is not evidence tliat torty 
ahould du it, for tbey may dr* it without a list; 
and next, it is not e%ideiite of iht; hst that tbt;y 
have mentioned, lor tliat is alledged to be car- 
ried about by Cranburnc j iiod as the prisotier 
himself has observed, this litit ^iven to Harris 
is not in the indictincat, and iKeretbre no evi* 
dence cmo he given of it, 

Mr. Conyns. It is an evidence ofthat overt- 
ftct wbicli is el press ty alteJ^eil iu the indict- 
iQent, that they met together to consult how 
to effect this treason, 

Mr, Cow per. My lord, wc are In a very 
strange case berr, it we be not very proper iu 
this part ol'our evidence; the overt-act livid is^ 
That the prisoner iint together wilh olheriJ to 
consult how to assassinate the king, and tlui e 
the prisoner among' tlie re^t did a^ree it lihould 
be done so and so. It in admitted the prisoner 
was there ; hut^ say they, if you only prove 
that he sale by while there was a ja^cner^d dis- 
course of such a matter, but do not provi^ ilnit 
li« said or did any tiling expressini^ his usscnt^ 
that will not amount to a proof of the overt -uct 
laid ; and yet, if w t? go abtuii to prove further, 
any act done that manifests his assent, then ihey 
fifty you go too fur, and prove an overt- act that 
in not menuonetl in the iudictment. Thtis they 
j^rant, the agreement U a sntHcient overl-act, 
but object, that being' present barely is nol a 
snflic'ient proof o!" his n^reerueni; then whcii 
ive go to make prool of any thing' that is a auSi- 
cient proof of bis agret* menl, they teU us it is 
not proper upon this act of parhamcnt, be- 
cause nut hiid in the indictment, though his 
agrei'meut be laid in iho indictment : And m 
they would amuse us, rather than mJike any 
solul ob|ectioD to our evidence. Thi^ doctrine 
is certainly very o<ld, my lord, and we doubt 
not will bavc hitlc weight with the court or 
the jury. 

Ait, Gen, According to this doctrine, all ibc 
evidence mu^ be put in the iodictuietit. 




L, C. J, Tbey ask you, wbai Ais givii^ 
tliis hst does prove. 

Alt. Gen, His tt§rr<-eing at that m^^liner 
the cuuspirary, and the esecutufu of it, by ^t 
ing that list of the names of iheni that were 
he of bis parly, aud his own name as eoti 
mauda* of that party, this he I'-ives to one tli 
was to be nf the party, and particularly wan 
l>e his aid du eamp^ in order to ^et them read 
(or the txeculiun ; is not ihis an evidence 
the agreement, which is the overt^act? N 
man in the world can he convicted of treni 
if thi!!( doctrine be true. 

ihf. Lien, My lord, tbey have not txpi 
something; m tfie iudintmifntthat has beeu 
which will make it plain tlmt tins is the 
pfO|»er evidence of the overt-act taid in liie 
diciment. The indictment tiays, tUey 
there hiHinld be forty men or ihcreaho 
ed, of u hich a certain number shouhl m; 
assuult upon the king's coach, while aoi 
purt sliould set upon ihe guards: N^ 
proof wt: tnake is, that I^Ir. liookwooil 
soner was to command a party that w 
upon the guards ; and in order to it, ' 
a list of bis lueu to Harris, who was to 
aid du camp, and bids hiui get those 
reiidy ; and this was upi»n tlie day that tl 
nmtler was ly be acted ; So that it proves vcj 
pliiinly that oven-act that we suggest in ll 
iudictment, that a certain number of thoae mi 
were to ai^sault the king's perMoo, and tini 
the guards And therefore tiiey ueednl not 
huvtf interrupted your lordship; for this I 
that Harris s]ieakii of is a very good proof 
tlie (jveit-act that is laid iu the iudictment. 

L, C X Then, gem I em en, as to this 
which they have objected, that this liat gii 
on the day of the intended asisa^inutiou, oi 
nol U* ha nlhiwcd as evidtnee to prove: the ti^ 
son^ because it is not fipecially laid in ihe ti 
dictment, but i« by the lute act of parliame 
excluded from btuig proved to convict the pr 
souer: Now though itie act d<*th exclude tf 
{giving in evidence of any o^crt-act that h n 
laid in the indictment, yet it doth not exclui 
tiiah evidence as is proper and (it to prove tin 
ovt rt act thai is laid in the indictment, T' 
tore the <pit:!3»riiio ia, VV heihcr this giving of 
hst drich not prove some overt -act that is 
led^cd in the indictment P There is in the ia 
dictinent an agreement l^iid ti» kill the km0 
and if that Itc piovtfd, that is an overt-act of tlii 
treason. Now when the cum sent and agre 
rnent of 3[r. Kuokwood to that ilesign isprorc 
surely the proof of his giving a list of men, 
a furlher jiroof that he did sgree to it, and ihi 
it is very proper to be niveo in evirlence -, t 
if by the new siatoie no one act r^^n be givi 
in evidence to prove {luollier, th' u must a 
uii\y the 4jvei t-act, hut also the evi^ience of 
act'be ejcpressed in the indictment, 

ifontlcmen, Vou have lieard ihe witiK 
wfial they tmy c-ucerning Ibi^i mutter. J 
first place, if you do believe that there wj 
cojiisnlttt and meeting!^, where tiiui inteoi 
soisioaiioD of the kmg was debated and 

a 




Trial qfCharUt Cranbufne. 



A. D. 1096. 



[S». 



I, mud tiMt Mr. Rookwoofi was present 
a^ree to it» tbal is an overt-act: And 
r yoa are ntisfied that there was an 
lit to prepare and proride a number of 
et opon the king and his guards, in 
iDcr yon have heard, and he was con- 
n making this provision, and was to 
ost, and command a party in that at- 
t is a further proof of that consent and 
nt that is laid in the indictment. 
men, I most leare it to you, upon the 
that you hare heanl. If you are 
upon the testimony of these two wit- 
bat bare been prodoeed, that Mr. 
nd is gailty of thbtreason of which he 
ed, in compassing and imagining the 
' the king, then you will finuhim 
If yoQ are not satisfied that he is 
eu will aoqoit him. 

Jr. Cryer, swear an officer to keep 
, (Which was done.) 
J. Now, if yon have any thing to 
I behalf of your other clients, pray 

Skoteer* Yes, we hare an exception, 
r a one of false spelling. 
J. If so be it be any such matter as 
i move in arrest of judgment, it bad 
esei ied till after the verdict. . 
. Skomer. Our exceptions wiH serve, if 
be, for Mr. Rookwood in arrest of, 
It, and tbey will serve for the others 
■event the trouble of the trial, if we 
or lord^iip's opinion that they are good 

I the Jury withdrew to consider of their 
jwl after a quarter of an hour's stay- 
.Mwned, and gave in their verdict.) 

fJr, Gentlemen of the jury, answer 

Hmrs. Samuel Powell. 

^melL H«i«. (And so of the rest.) 



Cryer, Vousavez. 

CC, ofAr, Gentlemen, are you all agreed of 
your verdict? 

Jury. Yes. 

CL ofAr. Who shall say for you ? . 

Jury. Ourfoi-eman. 

CL of Ar, Ambrose Rookwood, hold up thy 
hand, (which he did). Look upon the prisoner i 
How say yon ? Is he gnilty of the high trea» 
son whereof he stands indicted, or Not Guilty F 

Foreman. Guilty. 

CL of'Ar, What goods or chattels, lands or 
tenements, had he at the time of the treasoil 
committed t 

Foreman. None, to pur knowledge. 

CL ofAr, Then hearken to your verdict li 
the court has recorded it. You say that Am- 
brose Rookwood is guilty of the high treason 
whereof he stands indicted, but that he had no 
g[00ds or chattels, lands or tenements, at the 
time of the high treason committed, or at any 
time since to your knowledge, and so you sav 
all i»— Jury. Yes. ^ 

Mr. PmoeU, We desire we may be dia* 
charged. 

X. C. J. We cannot do that, till we see 
whether there be enoo'gh upon the other pan* 
nel: We will give you as much ease as we 
can: We shall not, I suppose, tiy the other till 
the afternoon, therefore you may take your 
ease for the present ; but you must be about 
the court when the other trials come on. 

(While the Jury was withdrawn, the court 
offered to the counsel for the prisoners, that 
they might move what exceptions they bad 
before the Jury was sworn as to any of the 
otiier ; which accordingly they did ; but that 
relating to the case of Mr. Charles Cranburne^ 
in whose presence, being then at the bar, tbe 
objections were made, mat part is left to bia 
Trial.) 



The Trial of Charles Cranburne, for High TVeason t At the 
Sessions of Oyer and Terminer for the County of Middlesex, 
sitting in the Court of King's-Bencli at Westminster: 
SWuliamIII. a. d. 1696* 



Aprii SI. 1696. 

SR the trial of Ambrose Rookwood was 
bile tbe jury were withdrawn to con- 
r^Sacir verdict, the court proceeded thus : 
:. J. (Sir John Holt.) Mr. Attorney, 
w3| yoQ hare tried next ? 
Gem. (Sir The. Treror ) Cranburne, 
letdAmpleaiei. 

if Ar, Then, keeper of Newgate, set 
I Cranbome to thenar. 



.flSS. Holt, 68a. Bast's Pleai 
Gk»«i^e.S,a.40«49|6S. 



L, C. X You, ffentlemen, that areof coonsei 
for the prisoner, if you have any thin(|f to 1 



for your client, you may move it ; but first let 
tbe prisoner be uere. 

(Then Charles Cranburne was brought to the 
bar in irons.) 

L C, J. Look j^ou, keener, yon should take 
oiTthe prisoners irons* when they are at the 
bar, for they should stand at their ease whea 
they are tried. 



See in this CoUectiooy ?oL 5, p. 979. 



I 

I 

I 



I 



8 WILLIAM IIL 

Keeper. My lanl, we UaTe no instruments 
li«re to ilo it jnsjt now. 

€L of Ar. You may send Lo the Gale- bouse, 
tod borrow insiruuiciits. 

Just Pouxti It sJiMild be 4uoe, mdeeit j 

L. CT J. Well, go on I sir Baiiliolomew 
Sbovver, 

ii//* Gen. My lord, bf^foreuir Bardiobmew 
Shower cuter upon his excrptioiiK^ ut)1c<i«i) tboj^e 
exoefitiofHj of bi!» »re some of the pMiiiculars 
m^nttotieO io this acl^ he imiNt tir>l do it tnav, 
after plea pleaiJed, befur^ ibe trial ; btil be 
iDUil ilo it in arr<fst uf jufl|rrtieDt. 

L. C. J. Trcbif, It is true, regularly ; but 
let bitu use his own juilgment. 

L. C J. It is very true ; the course ha? nol 
been to allofr them to ino?e to quasb an imliel- 
meiit lor treatjon, or felony ; but it may be done. 

Ait. Gin. 8ure, it must he only ft'r such 
thinffs aa ihey cannot take advantage of in ar- 
real m Juilg'tnent after ll»e verdict 

L, C J. It hats uut been the eonrae, but it 
may be done. 

Ail Gen, Not where there is an isaiie join- 
ed, and a jury returned to try ihnt issue ; I be- 
lieve ihat oever vva» done, nor ai tempted. 

L.C. J. Triby, If there were any prejudice 
to the kro^ by it, it were not fit for nn to alter 
the course ; but tel ii5 hear \% hat his ei^ceplians 
«i*e. 

Sir B. Shnwwr. I have several exceptions ; 
five at least ; one of them is within the very 
word« of the act, that is, improper Latin ; I atn 
aure some of it is so. 

L, C. X Well, let's bear what that is. 

ii\T B. Shower, It saya, ^ anno re^ni dicli 

• doitiini regi< nunc ^eptimo,' and Lewis is the 
last kiofif rtienttont'd before ; and so here in no 
year of the king of Eng^lond meniione^l. It is 
A certain rule, that relatives most refer to the 
last auteeedent ; and that rule hol(]» ahrays, 
unless there Ue weirds thai accompany the re* 
lative^ which undeiiiahly shew to what it 
refers* 

L. C. X Aye ; but do we call the French 
kiB^ * cfominus rtxf* 

L, C. J. Trehtf. He would have beeu bo, if 
hm had succeeded in his invasion^ aud thi^ as- 
sassin at ton. 

8ir B, Shomer. In every indiclmenl, if there 
be occasion to mention a former kin^, il \% al- 
ways nupcr res and such a one, naiiiin<T the 
©aiiie of the kiuj?, where llie preseut king's 
Dame does iiiterveue, to prevent contiisioo; 
and so in civil actions it i« the same ; and so it 
shouki have been here. 

L. C, X Ay , but I tell you^ it is * dotninua 
' rex nunc/ which i^ our king^. 

Mr, Phipps. It iii not said * Anfjlia?/ 

L.C.J, But wherever it is * dominns rex,' 
we understand it of the kiniif of Kny:land^ and 
nobody ehe» Readnhe indictment, 

Ci.of Ar. ' Necnon cundeni Uoitiinum He- 

• gem ad Morieiu et finaleni De^tiutiioncm 

• ponere et adiluceret »c subdjtos suos fideleh, 

• ct Liberoi llonaiues Hujus llegtii Anglia: in 



Trial ofCharUs Cranbume^ fl 

I * servitutnm intolernhitefn et fiitserrimani 
j * dovico RpLri Ctullico sulijoi4:arf, et maneipal 

* Dectmo llie Frferuanr, Anno Ket^ni dicti D 
I * mini uunt* Regis ?»eptiiiio, el tltYersia i 
I * DiehiH, &c.» 

I L. C J Can any man imagine this to be 
' Frem li king ? 
I Sir B. Shower, My lord, jour lordship U 

to imagine one way or other, 

Mr. dm per. In the strictest sense 
grammar in the world, it must menu kin|; \ 
Imw^ a nil no other. We do ncH need 3 
irnsigmaijoo, v^ hi n in the strictest constnit;!! 
it ift pin in who it refpvs to. 

Hir B. Sh(*wtr. I am «nre no grammar 
make it go^id ; nothing but a &up{M>sttii>ii 
hefp it 

Mr. Corrper, When it is said * Dictus 1 

minus Hex,' if sit Barlbokmiew Shower 

ItuiI out another *■ Dominns Rex* in the im 

I tneni, then he may make something «d' hi* 

i ji'Clion ; hui the * Dinnmus* is only appbe 

mirovfn king throughout. 

L. C. J . PnOj/. Hesides, as to the rule 
sir Bartholomew Shower menlionUt it it 

* ad proximum Amcceilens fiat relittio nisi 

* jjediwl Henteufia.* That is the rc'stricti( 
the rule, it must relate to the next aiiti 
uidess the sense would Le projutltced ; 
here if ibis const rut- 1 ion should be, it m 
make this clause in he no better than nni 
\ix. I'hat the Hidyects and freenieti of 
realm « ^re to be brought into inii>lerabte alavf 
to Lew«i the French king, snch a day m 
seventh year of the reign of our lord the 
king. 

Sir B. SAoo?er. We say it is little better 
notisense ; I am sure it is looin;, ami un^ 
and not grammar, but carries a tiew I 
with it, 

X. C. X No, it is as well as it con be. 

Sir B. Shtnrer* Then, my lord, there i» 
other exception ; it is said, ' riiver^B Diebin 
^ Vieihus tnin antea quam ]K)stea ;' and tl 
afterward*! it say^, * posieti nt ilicet eoilem 1 

* cimo Die Februari* •/ that is repugnant j 
is wi much as to say, That upon the lOtj 
Fchruary, and two days after\*ards (to wit) 
said lOiliday of Felnuarv ; ihat is, afler 
days afler the 10th of February, viz. upon 
same tenth day. 

Att. Gen. 'Vhat * Postea'is another sentei 
and relates to other tn att era 

Sir B. Shower. It raunot in propriety 
speech be said to hr after wanls ihe B^ame tfa 

Soi. Grn. (>»ir Jolin Hawles,) If sir P 
tbolomew Shower remcnlhers the evidence 
we have given this. day, he will find it w&f 
fact so ; they inirt on the 8atunlay mom! 
and allerwanls met again the night of the 
day, 

L. C. X There is notlnng in that oh} 
sure; it is a common form, when they tell 
tliffereiit mnllcri. 

Hif B, Shonrr. Well then» if yon will beti 
the rest which are not of the same notntv, 
bhuli come to what we think % faitid except 




»] 



fur llfgh Treason* 




ite««f tbb b4lcltii€Qt af Hic1i^Trea<«on l>emg 
tfiiii»4t • 9(i)>jecc hurt), ought to have liud the 
irc>fJ»iii it, * Contm siiprcftium nutumleitt Li* 
'^ijtfi l>oniiniim %uu%\\ ;* ac?cor<linif to Cal?irr» 
V^ute in the 7th Report, \o\. septimt* 

L, C. J> It h ^ L'ODtra Ligeonttie su:£ I>c- 
kitiim,' IS it not ? 

Sir B. Skouer. That won't help it, my lord, 
fiDr «)t that H appHcaMe to an ahen horn : ami 
foiifhe raae in luy tonl Dy«r, 144^ where it i^ 
■H, thai U' an indictmc tit of treasrrn he ajritini^t 
ttufieii, you mai^t not pnt in the word nnttira- 
Im; if yoti do, tt will be t'itulty, because he 
#«w but a local alle^ance to tlie king of Eng* 
bad, and not a uaCural one. Now ne say^ 
llmv are none of thase prisoners hnl are «iib- 
horzi, and the constant fornn in queen 
lb 'a time, and queen Mary 'a, was to 
( the wortls * Natur&Jem Dominum/ and 
f cannot a hew me any of those prece^leots 
tit. There wa« occasion in Tncker'ii 
tMelo lixjk into this matter, and seardi aJl tiie 
frwl4R>t». 1 have looked in my lord Coke's 
■Mi^ and alt the preccdetit;» ; * I have seen 

Zlerd of £sjifx^it indictment, and all the 
m in queen Eli/aheth*s time, and those of 
lii b^orst in the Power- Piot, and tho<ie of 
^ Rcpcide?*^ and Tucker's* own indictment 
iMf ; nil a!oti«^ it is ' Njuuralem Ekiitnnum 
wttm i* and the reason for it i^i, he that U 
ilMvloffi, yon never pot in * Natumlem Do- 
iImmii atitjm«' because he owes a double alle- 
gincv; ufie natoral, to liis own ktni^ under 
dotninion he was bonj, and llie other 
to the king in whose dominions he re- 
^for lie is bound to observe the laivs of the 
here he livci: and if he violate them, 
Wettlc the allegiance that he owes to 
iment where he lives^ upon nccotnit 
^|tf«i9ectinn he cnjuyn under it. But if he 
h s fubjeet uf the king- of England, he 
Itt kii ime oainral liege*lord ; and he Wwv^ 
^ai£iiffi»tiinau born, the kin^rstEinds in that 
I to Him, as he does to all bia native ^uh- 
fJHti * I to tbreigtters; and therefore it 

Wia 1 I equisite to be, nnd has always 

heUi ito indictments of trertson Qjraiujit 

iiKjr And, my lord, we think the 

•«\ f^:,.-,.M,vMi ofthe court, afterwards afdrmed 
klbellou^euf Lords that reversed Tncker'ii 
r, went upon thta opinion, that Ihe law 
I * natormletn ligeumi Dooiinum' to be 
pot in. There the exception was^ that * Con- 
Urn Uebitum Lii^eaotite su»^ waa omitted : to, 
vl^lcii it Witt objected, that there was * Dottii- 
inn Sopremum Naturatem,* which was equi- 
Hlmt; no, It was amweredjioth were reqtii 
#i, becmu<ie every act chared in the indict- 
Mil oiit^ht to he bid against the duty of hla 
al^giaace. Now io indictnaents of ueason, 
M« af» certain words ihnt are es«enti>tl, be- 
Otte of their relation between the king; and 
tei people. There are c^-riaiu forms of words, 

"^' ' * ...i ....... f.-.-. I 'tjntoinHke 

|f^ ►f Those 

....^.,. ..^ .;. .....V,,.. . ^iidlhe want 

will be a fatal ej(crptioa ; ^ vrc tliiiik 
Xill. 



A. D* 169G. [29fl 

it would be in this case, ns nnith as if the word 
^ Proditorie^ had been left out ; oras if in a case 
of^lony and btlr^la^yl the wortls' FeSunice^anit 
' Bnr^lariter* had been left ouU 

Mr. F hip pi. .My lord, we take the prnctice 
and precedents to be the rule of law in thecaiite ; 
nnd I have looked over a great ninnv t>rcce- 
derits, besitles thofie that sir Bartholoiiievr 
Shower has cited ^ and 1 never saw any one pre- 
cedent of an indictment of treason a|;ainst a 
snbjeot born, without the wnrd Natui-alcTu ; ami 
all ilie cases cited by sir Barlholoniew Shower 
are full in the point. Counter's ca?te tu my 
lord Hobbart, 2fl, wher^ it is i^aid, ihut if 
there bean indictment agnint a subject iKirn, it 
most be * Contra naturalem Domi.imu ;* if 
n^^ainst an alien, * naturalem' must h<* left out* 
Ty say * Contra Ligeanttfc susc Dfbiium* will 
not do, it is not enough, for that may bi» said ^ 
ag'aiof.t an alien, because he owes a locsil aU 
legiunce, though not a natural one. Ami I 
take it, upon this difference, this indictinent ii 
not Lfoml. 

Att, Gen, My lord, 1 do not know how faf 
you will think it proper to enter iuto thi» mat* 
ter before the triaL 

L* C. J. Mr. Attorney, 1 think yon had ai * 
good speak to it now as al'an other time ', though 
1 must confess it is not so proper in point of 
practice. 

Ait, Gen, Well, ray lord, then we u ill speak 
to it now. The objection is, that the words 
* natundem Donnnum^ is not in the indictment ; 
which they say is conlriiry tolhe usual form ; 
as to the 'prece<lents, llier'e are a great oianj 
n here it has been, and lam sure a great many 
where it has not Ijeeo ; and I am sure for this 
six, seven, or eight years hist past, it has always 
been omitted : and, with suimuassion to your 
lordship, it is not at u\\ necessary, if there be 
words m the indictment which shew, that what 
he did was agiinst the duty of his aHcgiiincft 
to his lawful and undoubted lord (wbtL-h are 
the words in this inflictmetit). h u true, if he 
he not a subject born,* naturalem* cannot be in, 
because that is contradictoiy to the obedience 
which he owes, for it if not a uiitui*ul obedience 
that he owes, but a local ; but if a man be a sub- 
ject born, and commits treason against (he al- 
legiance that be owei;, that is against \.m na- 
tnral allegiance; for whatsoever he doe* 
against his allegiance, he does against hh na- 
lural allegiance, and so there is no need to put 
in the word ' naturalem i* becau.<ie he owes no 
other alkgiance but that; it is sufHcient if 
that be put in whieh shews its being ngainst 
h\9 allegiance. If they could shevv that a 
subject born has two allegianres, one that is 
naiuralpand the other that is not natm-al ; then 
if you would prosecute him, you must shew, 
whether it was against his natural, or against 
his other allegiance. But whrn he has none 
but a natural allegiance, certainly against his 
allegiance, without putting in natural, will be 
well enough. It is true, where there is no na- 
tural allegiance, it must be wrong if you put it 
ID, because you put iu thatalle^uiiu:« ^Uv^k 



8 WILLIAM III. 



Triml of Charles Crmihurne^ 



I 



he iloe^ liot owe ; but where he is a suUjcctborti, 
to fHH ill iiaturul Lic^e-Iorij, there is no grouud 
at uU lor it; there are words enow that sliew 
it was against his allegiance to his biwfu) 
ajid uudiJitljte*! lord. 

L, CJ. Lrfiok vou.fiir Bartholomew 8iiower, 
ho%v does it appi'ury that these uieu are subjectii 
J>orn f The metier yuix go upon does not B|i- 
pear hjjoq (lie indictment, and you are not to 
ijo rttf trom lliat. 

Sir B. Sitowcr. Every man is presumed to 
\ be 80, unless tlie contrary appears. 

L. C* /. Yoii quote Caivia*s Case, and the 
oilier ca!»es that are there put ; those are all 
cases of aliens; there is Dr Lopez's Case: he 
hein^ au alien comes into England, and coin- 
luits high-treason : why, say they, how shall 
we indict this man ? We cannot say it ia * contra 
*• Naiumlem Do m mum sutim ;' for he owes no 
natural allegiance to the queen of England ; 
how shall ne do to frame a good indictment 
ag^ainst this man? They considered of thisj 
and they said it will he a good indiclmeut, to 
charge htm with high-treason, or any one elsc^, 
leaving out the word * Naliiralem:* For if it 
appear he ha<i cimimittetl an offence ai^ainst the 
laws of the kiog^doni, and against the duty of 

this allegiance, which h high ti-eason, that is 
enongfh* ^ow as to Tucker*s Case, It was re- 
versed for want yf the conclusion, * contra De- 
* bitum Ug'eantia; sua?.* Thoise words arc ma- 

I ferial ; for let the oifcnce be nevtT so much 
tt^ainstthe person of tlie king-, as to assassinate 
him, or levy war a^ain^l hihi, yet sliU if it be 
not against the fhity of his alle^iducc, as it 
cannot be if he owt^s him mine, it is not ht^h* 
treason. And therefore if it be againi!il his al- 
lr;fiance, whether that allegiance bo natural or 
local, it IS ail one, it Is euough to moke it high* 
tfttuon. 
Sol, Oen, In that case in Dyer, ihey nht^w 
where it was a fault to put thewoid in, but 
tliey can she\f U4» caKC where it has bei'u ud- 
judt;e<l lo be a fault to leave the word fiut, 

L, C J\ No doubt it would be a fjiult lo have 
that in, * Contra Naturalcm Dominum isuum/ 
where iheie is oidy a loia! allegiance due, 

Mr, Vhipps, ifuw di^es it wppear whether it 
is the one or the other that is due ? 

L. L\ X It is no maltci whether the one or 
tilt' utlier do appear, it is hi^h-treason be it the 

I one or the other, if it be against the duty of \m 
alk-q-iance. 
Mr, Phippt> Nuppoii^ au indiclment against 
an alien were, ' Coniru Natunilem Dominum.' 
JL- C. /. That would be ill, because then 
you liad laid it more specially, and otherwise 
than really it is, and restrained it where you 
ou^ht not" to doit. 

Sir. Phipps, How then, ray lovd» shall it ap- 
pear that lie onfy owed a local obedience ? 

IL.C. J. It may be given in evidence, that 
he is an alien Unu, 
Sol, Gen. lie may plead it in abatement to 
the indictmsnt, 
X* C* J. He ought to be acquitted, for you 
ktve indicted hiiu of a criine against his natural 



allegiance, when he owes no such. Bui altc* 
giance generallj coa>prehends all sorts of nU 
leg^tance, natural and locaK 

8ir B. Shou'cr, Ho*v then, my lord, come att 
the lawyers of all ages to put in those wiird»ii]K 
indirttuents of high-treason against subjecisi 
born ? 

L. C. X No. I have seen abundance of priH 
cedents, that have only * Contra Ligeantisf sun 

* Debitum' generally, and so the tnost part are 
for allegiance is thi* genu^, and if that l*e sug-, 
gestedj all the iijHi^ies are contained iindtrr tUat«' 

Alt, Gen, Well, have Ihey any inore:* , 
Sir B. Shotrcr. Ves, we ha%e more. j 

L. C. /. Well, you shall have them all in 
lime. 

Sir B. Shou.cr, My lord, here is another ob- 
jection, and that is thi^ : Here is one Ihct tb«t 
they have laid, and that is the second overt- 
acL in this indictment, that tliey conaeoted 
agreed (hat 40 men, (whereof* these four w 
to he four) hut do not lay it to be done trailof: 
ously. They 9>av * Consenserunt, agreaven 
^ et assenscrunt,^ hut not * proditorie f anil 
never saw an indictment that laid an ex 
overt-act, without repeating the word »_ 
If your lordship pleaBics, the words in the ii 
dictment are thus ; as to tlie first overt 
is laid in this manner; *■ Et ad execi 

* assassin at ioncm illnm cx^uend.' ut 
time and such a place * proditorie tractaverua^ 

* proposuerunt et Consultaverunt de vii£ et i 
^ dis mediis, (S:c/ and tlien comes this whie 
we except against; ' etcoosensenmt, agiemfi 

* runt et assenserunt quod quatlragiuta Ho 
*■ mines,' 6:c. Now this is a plain di^unet i 
and tiiere is no * pruditorie' to it ; and if ef ^ 
they can slicw me any indictment, in which \ 
overt-act was laid, of which they ga^re 
evidence, and it liad not the word ' prouitotj 
in it, 1 am very much mislaken. I am i 
nevcir saw any isuch. And it is not i 
say* ihat the nature of the thing is sue 
that it cannot hut be a treasonable act; 
they must alkdge it to be ho, by liie express i 
of that word w liich the law has appointed 
express this crime by. In the ca^^e of an 
dictoient for felony, if it l)e not s;iid felony, it j 
not g^uod* They are not to describe tfi 
circumlocution, which is a particular 
fixi by law, the}' must use the verba arii 
terms of art, and no other i if your lor 
plea!«es it may he read. 

SoL Gen, Let it be read if you please j 
take it in English, and ii is no more than I 
thej did Irailnrously compass the death oft 
king, and for that purjwse they did Itaitottiui 
meet, and consult abtjut the wa\s and mo 
and did consent and agrt^e that forty men, 

C/.</ Jr. Reads; sEt:-'^-- 
' rendam et Det»^stabilem 
^ glise A&iiassinaiion, et .i..v...--« 

* Citius exequeiidutn ct anno ac Divers 

* Diehus et V icibns apud parochiam pr 
*■ ill Comitatu piudicto proditorie tractaveruiil 

* propostierunt et ConsuUaverunt d,e viis i 

* et mediiB ac Tempore et Loco ubl quaii 



Vr 




for High 

^ ftidliler et <)UOfDndo Dictum Doaiinn na Repeal 
* sic e% m^ditd facilius Interticerpnt." 
SrJ5. Shower, There is an end of that, now 

Aft. Gin. No, sir Burthnloniew, yon mis- 
Itkr, there \9 no end of h, that ia done at the 
tmm tiiDf^ with that wkiich tbibws. 

Sr B. Shauer, No, it is oot iJie same overt- 
Mi; but Irt bim ^o on. 

€L tf Ar^ * Et Cons^iiscrtint Apfreaveruiit 
*fi A^os^ruiit (jutxi ijuariraginla Homines 
" lTe«.* 

' B. Shotrtr. Weill vou DWil read no fur- 
' for our objection. \Ve say there wants 
t^mir4 * Proditone:* for there are tvvo uvf^ii 
Kts lh^ oi>e is, that they Iraiioroiisl y did coii- 
iulld^the ways and means haw to kill the hioj^, 
iad that ovnt^act we agree to he vrell luid : 
fcni i' - they consented and agreed Ibiit 

lfc«»' lie fort)' raeu, whereof thciie four 

ilmAk be four, bat do<*8 not say they Iraitor- 
•i^ iigreed ; a/>e not these distinct acts * 

m. Phipps. Surely, my lord, they are dis- 
^ikta4:tf ; for this part of the bidictment upon 
vfaidi ttir BariholoEnew grounds hh objection, 
It tint overt < act of whkb the iist in Mr. K<*ok- 
mmd^ Case was ui^'ed by tbo king's roiSusel, 
md agreed by tlie court to be an evidence. 

Tbeo the jury against Mr. Hook wood t^ame 
^ % aud deb? (tred in their vejdiet, as it is in his 
H ttmi^ then allerwards the court wetit on thu^ : 

^L^i^G^n. My lord, the objection is, that 
^HHHbie* is not inserted into that |ninif nlar 
^^mt^nt the indictment, which shews thdr 
fOti f ment that there bhfmhl he <brty 

•m, ihe four named in the inditinirnt 

•WvUibefuur Now your lordshlji observes 
itov the indictment nm<i^ it is for €onipas«ini^ 
io^wairintn^r the d^^aih and destruction of the 
fi aft* i »i >ietB forth for this parpuse^ thai to 
compassing and imag^inUig', they 
iraetdverunt et consiiUaierunt ife 
fn Modis' bow theyshoithl kill the 

^at which immetl lately follows 
i>, tji** ^mrlicular method and means that 
verc agreed ujwn, that is, t!iat there sliould 
befbrty men. Now this is the strangest sojr. 
'911 that ever was, when we have lict 
^ fiiai fi iljoniusly they did so afjree of the 
•i, anf] then set forth the parti- 
tbat here must he * proditorir* 
ai. Thia is such a construction us 
nt adoiire how it couhl come into 
Wf UQcV head. It iif part of the sentence ; tor 
ilMotber part^a<? we have laid it^ i^ not com- ' 
ylBia before: it may be it might be sufficient 
; setting' forth the finrttculnr waysi and 
but when it is set forth it is part ot the 
bt iuid refers to the tirst begin i&ing^. 
-L C- J. Aye, sure it does. 
Ait, Gen, 'I caunot tell what they vi onld 
Wn^, unless ibey would have us repeat the 
•wrt * proditone^ in every line. 
StiL ijcii. Or before every verb* 
Ifcr U. Shmctr. So ; but I think it oyght to 
N npcileil tt erery overt-act. 



A. D. 1696. 



[■ 



sio 






[ Mr, Conyfrs, If your lordship please*:, after 
I thai they have set h^rlh that this was th^ par- 
ticitlar method and way ag:reefl uj>on at their 
confvdtfttionf that forty horsemen or ihere- 
ahout!i should q;o about it, of wliich the per- 
sons indicted w^r% to be four, it goes on, * Et 

* Quitrbet eoriim protliloric super se Suscepit 

* esse tmum/ there it is-pat in, and it ajijieari 
to be as particular as possible can be. 

Mr, Cofvpcr. i»u* Btirtholomew Shower says, 
limt when we have alleg-ed that they did trai- 
torously treaty propose, and consult of the means 
and ways uf killing* the kin^, there we have 
done the sentence, and ma^le that one overt - 
act. Now h(nv U the sfnlence done? Tlie 
next woj'd is a conjunction copulative, ^ et coit> 

* scoiiferunl,' See. And what is the use of a 
conjtinclirin copulative, but to convey the force 
ot^ the wonls in a fornoer sentence to the sen- 
tence following-, and to prevent the repetition 
of every woril iu the suhsetjuent sentence that 
wa.s in the precedent? But it is plain, they arc 
both one anti Ihe same overt-act, andth^se'sub- 
5e(|Ufnt words are only an explanation^ more 
partictdarly of the overt-act ^^ct forth in the 
piiet*etlent wonls. 

H(r B. Shower. In answer to thaNtbat has 
been said, if they shew me any precedeni, 
where aniudiclment has lieen for rdgh-ireason, 
settingf Ibrth several overt -atts, and nut the- 
word * proditone* bet to every ovt»rt-act, then 
they answer my ohj*5Ltioij. 11 lb c word • Quod* 
bad come in, that would have made Iheni dis- 
tinct to he sure ; and I think ihcy are as dis- 
tinct aci5 now * suppoi^e they had concluded at 
the end of tht! word * Interficereut/ that bad 
been a good overt- ntt ; 1 am sure they will 
arfri^e to that : and if it he so, then the oibcv ]« 
a good oveit-act too, For it is n distinct thin^ 
friim that which was a pert ect sentence before; 
and it either rei^nires a * likewise,' or the word 

* proditorie* most be repeated. They have not 
so much as sai«) * similiter Consenserunt/ or 

* simili modo ;* there is an * et^ inileed, but that 
does not ^o cou[de the sentences together, as 
not to make them distinct acts. There arc se- 
veral ' els* ibrough the vUjole indi"iment, hut 
that does not, as iMr. Ci*wper would have it, 
couple all tojifeiher to make one overt -act. 

Mr. Phipps. My lord, if what Mr. Cowpcr 
say « be allowed, (viz.) that the * et' makes it 
one intire seott'Tice, tbrn there is no ovtrl-act 
at ail ; for after the treason alle<;ed, the clauses 
are coupled to one another by an 'et,^ und con- 
sr(|ue4itlv, by Mr. Cuwper^H way ol" orijuing, 
the ivbole inilictmcnt is but one entire senteiice* 

L. C J. f do not utiderstaod your meuning' 
as to that; they tell you * proditorie* is ai- 
leg'ed to the consulting^, conirivini; and ag^ree- 
iiig', tlien they tell } on what was the subject 
matter of that contrivance and agrt'ement, to 
assassinate the king*, at}d in order to tint they 
agreed there shotdd be lorty men ; is not that 
ffood enough, without * Proditone* to every 
line ? 

Sir B. Shoner, No, it is tiot said in * Ordine 
^ ad/ there is no such iUit^ v ^^ ^^^"^^ ^^1 ^^ 



231] 



8 WILLIAM IIL 



Ttial (ifCharUt Cranbume, 



[SSt 



\ 



cunBitlt of tiie way* aod means, and did agree 
tliat'40 hursemen titioutd do it, and ailerwai-dii 
did 8ij:iee in provide horses and in^truraenU of 
^nii'« Now ihat being- with a * QuodqueV tlicy 

Kmnktflanew overt-act; but 1 caooot un- 
Und Hliy ^ Uuodque' is not as much a 

• C(»j>uUuvt* as ' Et,* and the one should not 
XiA'v^ Ihe same f flfect as the other. 

L. C. /. Fir*it, it letls you there was a cou- 
cuU and a(r^ri'(>uneat to assassinate the king;, and 
for the acoompUshnient of Uie said assassiua- 
lioij ; at ter wards * cisdetn diect Anno Proditorie 
*' Tractavcruat et ConsuJiavenint de viis et wo* 

• dii»/ huw iliey shoo hi kill the king. 

Hit' B, Shtitfcr, Thut is one overt- act, say 
ive, and thei e yon should hio\u 

L. C J. * tt Consenserunt et Agpreaveruni 
' qnod quadra«^int:i Homines,* Ike, it is att at 
lbi» snme tirne^ and must be intended the same 
consult and ronirivance^ that lliey consulted 
of the ^'£iys and nteansi and then agroed so 
many men shouhl be provided* 

BIr. J^hippi, No, u»y lurd, we say that is 
a&oiber overt act. 

L. C. J. Trehy* It seems to me to be a spe- 
cifying and [lariicniarisini; the ways and means, 
that I hey Itud consulted of, and concluded on. 

fcsir B. Shorter. If it had been a sjiecifyin:;, 
it bad Wen much better to put in either* then 
and thei^>, or tliat this was the result of the 
consultation. 

L. C J. Tr€hy. It docs seern to me so, that 
U was the nfsult of the consultation, and tl is 
\Yv\i enough. 

L, V, J, You had better have saved these 
kind of extt»ptions till the trial was over. 

Sir ii. Shower, But, my lord, if there W 
vcie oveit-act ill laid^ 1 sulnnitit whether they 
cflit ifive any evidence of that overt-act. 

L. C. J. rrd>y. No doubt of Ihat, they can- 
not ; but we think it is as well laid as it could 
bt! laid. 

L. C. /. Truly I am not well satis^fied, thot 
it is necessary after you ha*e laid the * P;o- 

• ditorip,' as to the jiarticu'ar treason^ to Jny it 
iigain to the overt*act. For (he ovt-rl-aci is 
but evidence of the treason : the treason its^elf 
lies in Ibo compastiing', which is an act of the 

tiuind, 

L. C J. Trihjf. You cannot indict a man of 
treason for aN«iiasi»ioating or killin^f \he kin^, 
but you nmst in every such case frame tlte iii- 
diclmenl upon the ait^cle fur cotnpa^^iuu^ unti 
iinaifinTnt^ the de:nb of the kinj^ ; wliich mu^i 
{\e laul tH he dnne tniiiurously. Tlien^ when 
afterMardii you say the penittn aceuHtd diil 
wound him, or iinpri^iau him, or consult and 
a^rre to as>>uSKiuate hiiu^ or did aetiially assns- 
sinaie biiUj ihipse are hut so mitny oven- acts *»f 
c<nmw*sinutlif- di'alh ; and you hav.ut; fir^i said 
that Ur did "" Prodiiorie' cuuipa^s ttnd tmujj^iue 
the kiuji's death, you have ihi'rehy sheivn that 
you char|(p him hiiIi a yi eater otS-ot-e ihan le- 
Jooy (whici^ my Jurd Coke says is the use td' the 
wiird ' Pio<*it<»r*ef) and that heujy^ thus iUmv, 
I do nul a^ip eheud it to be nece&'sa.) that ton 
should add ' Prodttonta' to all this rest 4>f the 



following particulars; for they are only ex- 
teroal discovt rit^s of the inwurd ireasuu ; and 
more properly deemed to be evidence of lhe< 
treason, than to he the treason iiself, 

Z. C. X Tiie treason ti ooosuminate in th# 
intention ; besides the words ol th« staial 
make that the treason, not the overt^act, thai 
is but evidence, and su it uas lield, (not u|iua' 
this exception, hut ui^ui the reason that my 
lord speaks ot) in the Cuse of the Regicides of 
king Charles the First, That the indict 
should not he ft>r killing the kin^, but lor com 
passing and imagining his death, and the kilt 
mg was alleged as an overt^acL 

iSir B, Shtmer, It tnust be so if it were fnr 
levying of war, 

L^ C. J. Most true; for levying the war ii 
the treason ; hut in this case we think tt isnl 
exception. 

Ail, Gen, Then let us have the Gfih. 

Sir iJ. ShofL^r. Then, my lord, here m 
ther thing. It is a question wheiher thert 
any overt^act prcsenteil by the jury at alh 
indictment says, ^Jurauurspro Uoinioo 

* praeseniaut,*' that I hey as false trail 
ciimpftss the deatli of the ktoii aud the sk 
of his subjects, and they did meet, and 
and agree how to do 'it, * Ht iidem Cii 

* phor us Kntghtley' and the rest, to fnltit liiflf 
said traitorous inlenltons and imaginations diiJi 
aflrr^i ard'^, the lOlh of February, buy 
ami horses. Now our objection is, Tl 
does not appear, that any one of th 
acts are the presentment of the jury ; h» 
niissiim they oug'ht to have bi^f^uo it 
eiiher with a * Uutwlque,' or somethi 
should ba^e rt^ferreil it to the first, * Jui 

* praasentun!,* or else ihey must have 
quite again, with a *JurHlore» Uheri»is pr»; 
» sentant,* and not have coupkni iheit* as thii-^ 
is with an * Et.* The mO!»t lorins begin wttll 
an * ullertu!ii prtesenitirt,' but here we find 00 
overt-act is so introduced. They might pre*, 
sent part, mud not pre^^ent the other |mrt, f 
any thing that does appear. Every i' 
ought to be laid positively, 11s the jury 'a «hetii«h 
it may I)e only the cleikS saying, and 
jury's, lor any thing that does appear. 
liirdslH|» remetnberti the case *>i tlie ki 
Troljrid!;t\ upon a Writ of Error t# reverse 
liulgmeut lor L't eiting and continuing a civti 
agftiuNLihe hn m of the ststuie; now * Coi>tii 

* IriiiiiHni SiatuiL^ uas in the beginning ol 
indicuiient, bnt not in the couclusion ; to thi 
erct'iing but not the t'ontmiiing. And ibotii|^ 
there uas there ' Juraiorrs idterius dicunt/ 
Wds not * iiUpf r Sut^ninieotum sunm/ and tli 
did not aaVt he did continue it against the 
tute ; and there being no hirmul presenin 
ilial he maintaiued tliL* cottage noLwhhstamtii 
the act, ^ Et' did lAUt so cou^ile it to ibr 
l^art, us til mnke it a gooti presentmvnt. 8^ 
we Scjy in iUlh case, thi» is a tault, aul ilitlWeoli 
I torn nil the common forms; thiMe ougut •• 
be a diref t presentment of each ovfitact, 
not toupJMl by an * EC For * Lt' wdl not d^ 
It; tor It is a distiact overt* act cf ery 



£3SJ 



for High Treason. 



sbAald bare bera ' El quod Consul tavenint, 
•qiKKkfue Ai;rem«eruut.' that a certain nil iiiber 
fbiHiId do so and iio ; and to be sure, it should 
bite been «o at the last-overt act, which is 
mIv * El lidem Christopborus Kni^^htle)',' ^cc. 
did* buy arms and horses. Nutv this last ' Et/ 
btug a hMMie voojunctioii copuative, in com- 
■oa sense oug'ht to refer to that which they 
bal a^TPeil upon, tor that is last inentioneil 
ibere. and tbe iiilural sense leads thither, and' 
Mktttbe lieginningof the bill ' Juratores pre- 
*iattiiquod.' 

Ik.tkippM, I shall not trouble your lord - 
^ farther ; they ought to hare put in a 
•fMqae,* or an • Ulterius piasentant.' 

Alt, Gen. Where would you have tbe 
' Qasdaue,' or the • Ulterius pnesentant ?' 

Nr. rhipp8» Either to every overt- act, or 
tf Inst to that last. 

Ait, Cen, The indictment sets forth, that 
Ibr; committed such and such a treason : their 
^^jnsB is, tbat * quodque' is not put into every 
Sfi ati ; and our answer is, that the first 

'fMrf* fovems all that relates to tbat treason. 
kaof be, if there were too distinct treasons in 
AtUctnieDt, when von come to set forth tbe 
-nand trg—oPy you should say * Juratores ul- 
'Ins pnesentant' the second treason ; but the 
•Nil-Mts to proTe the same treason, are all 
pvlisl'that treason, and make bat one species 
tf fenaan, which is the imagfiniog tbe death of 
fclai^. There is the treason ; and to bring 
illi fasi» they did so and so : this, roy lord, 
■■Hhe part of the finding of the jury as well 
m the treaaon itself, of whit;h these are the 
yi ilia. Bot then if yon will lay the levy- 
■C^w in tlie same imlictownt, then it may 
li^ aost say * Juratores ulterius prasen- 
*M amd,' &c. But it bad been a strange 
iiaM^ to aay, ' Juratores ulterius praesen- 
'^'sQch and such overt-acts: for the overt- 
Mis aat a further indictment, but only a set- 
laigftsth tbat which is evidence, upon which 
IhM fcnod the indictment for treason. 

ML Gen. "What the indictment says, is as 
4rci affimuOioD as can be all along of the 
pascataaent of tbe jury, that tbe orisonerand 
tfbers did compass and imagine tne death of 
lbs king ; and to bring it about, they did con- 
aritlngelher, and did agree to make use of such 
■d auch means, and were to have a party of 
40 BeOv and they bought arms and horses. 
Kow it does not repeat ' quodque,' or ' ulterius 
' pwsentant quod,' to everv one of those sen- 
Ince*, that tbey did so and so, and tbat tlicy 
Ai so and so. Now I would fain know tlie 
tferrace between saying, and they did such a 
Aiag, and saying, and that they did such a 
ttiof. Tbat is all the difference that tbey 
thiBk to ovcrtanf this indictment for. The 
imiiting of a ' Juratores ulterius pnesentant,' 
aartainly is notliing ; for tbe first presentment 
laas through the whole indictment, and there 
4ta not n«d an * Ullerins.' 

Sir B. SkoKtr. Certainly there ahould have 
ban a ' dnodqueP at kaat. 

L.C.J. No, UHlaadi I thud^ it ii better aa 



A. D. 169& [834 

it IS, than a^ you would have it ; because the 

first * Qu(»d' goes tliro:i{{-h tiie whole. That in 

onler thereunto he di'i «<o and so ; would yon 

. have it said * et qno'l' in order thereunto he <hd 

so and so ; bii though that may be good sense, 

' 1 think it is not so jGfood as the other. This in- 

' dictinent is lur one surt of treason, and ibat is, 

i for conipaiwin^ the death of the kinif : and it 

,' is, 1 think, more proper to have but one 

* Uuod,' than to have murt' ; for it makes the 
whole indictment more entire. As to the * Ju- 
' ratores ulterius preesentant,' tbat is never 
proptr, where the species of treason is the 
same: fur, indeed, if there bad lieen two dis« 
tiuct treasons, the one for compassing tbe death 
of tbe king, and the other for levying of war, 
in that ca^e you must hx'iufr it in by * ulterius 
*' pnesentani :' because they are two several 
offences, though comprised in one bill, and 
tlu'y are in law as two indictments. And so it 
is in the case that you mentioned of cottages : 
it is one offence to erect a cottage, and another 
ofFence to continue a cotta^^e, and tbey are to 
have several punishments ; and because they 
there jumbled them both together in one in- 
dictment, that indictment was held to be 
nought : for, by law, the indictment for erect- 
ing a cottage, ought to conclude * contra for- 

* mam Statuti ; and then the jury must begin 
again, * et ulterius prseseotant quod' tbe cottage 
was continued against the form of tbe statute : 
because they are several offences. But here 
the bigb-treason is but one and tbe same of- 
fence, and the other things are but overt-acta 
to manifest this tre&i»on, the compassing tbe 
death of the king; and truly, 1 think, it is bet- 
ter as it is. 

Mr, I^hipps, I have seen several precedents 
of indictments, where the several overt- acts 
were to the same bigh-treasou, but still they 
had each an * ulterius prseseutant.' 

Alt, Gen, I believe it is hard to find many 
indictments in tbe same words: I am sure all 
are not. 

X. C. Baron, (sir Edward Ward). Is it not 
as great an affirmation to say, and they did 
such a thing, as to say, and tbat tbey did such 
a thing? 

L. C. J. I cannot reconcile it to my reaaon, 
but it should be as good sense without * that' aa 
with it. 

L. C. J. Trebtf, In a long deed it begins, 
*This indenture witnesseth tbat* tbe party 
granted so and so, and the party covenants 
3ius and thus ; and so it goes on commonly, 
without renewing the wonl * that' to tbe sub- 
sequent clauses: but yet the first expression 
(This indenture witnesseth tliat^ governs the 
whole deed, though it be many skins ol' parch- 
ment. 

L, C. J. If yon begin with an indentore, yoo 
begin, That it witnesseth so and so; without 
renewing, unless it be a very distinct thing. 

Sir B. Shower. My loni, we think that simi- 
litude makes for us. A. B. covenants so and 
so in a oonfeyance, and then further, that so 
and 80. 



I 



S WILLI A \r IIL 

' L. C J. But there you fe«tritin thai in ihe 
beginning' of tlie covcuatjt to every particular 
in that covenant. 

An, Gen, Will your lordship please to cull 
ihciury now? 

L. C. X Have you a mind to go on with the 
trials or la go in ilmner? 

Att, Gen, I MitJfe your lordship can try 
but oQe more to uiy^lu^ km\ that may he us welt 
after iliuuer ns before. 

L. C. J. Well, ilieot adjourn till five o'clock, 
and in tlie mean time, you keeper, knock off 
»U*r prisoner's fetters. 

Keeper, They shall, my lord* 

Then the Court adjourned till five o^clock in 
the atlernoon, tt betug thea about three. 

Post Meridiem, the 2lst of April, 1696. The 
Court returned, and was resumed about 
SIX in Ihe Eveuing* 

Ci ofAr, Keeper of N'ewi^nle, hrin^ Charles 
Cranbiirnc to Iho har, (Whicli was done). 
Charles Cranhttrue^ hold up thy hand. (Wliirh 
he did). Those good men that you ah all hear 
called and persoually appear, are to pass he- 
iween our ioveiet^n luv*! llie kin^ and you, 
upon trial of your hie ajid death ; and there- 
lore If yon will chalU^jig^e theni or any oi' theui> 
your Utoe is to %^isk imt^i them as ihey come 
10 Uit' book to be fiworu, and before they he 
sworn. 

Cranbmn>f, IWy lord, I hunitly desire I m^y 
have pen, \i)k% %nd paper. 

CquH. A)r» five. (Hehadlhem) 

€L ff Jr, \\ here i* George Ford ? 

Cf*Siei\ Vous avez. 
Vrntth, 1 challenge hlrn. 
%ofAf\ William Underhil. 
Cranh. I challenge him, 
ffCl.ofAr. Wilhaiu Withers, 

[Jrfl«6. I challengii him. 
Ir. Phipps, If your lordship pleasesi, those 
that were of the last jury I hop*? shall noi be 
called of this jury ; tjiis prisoner heia^ tried 
upon the same indictment the lust was. 

X, C. J. If thty be not, it shall he in ease to 
them, but U Is not ui favmu' of you. 

Mr. F hip pi. We humbly conceive, having 
given their verdict upon the same indictment, 
they are not such indiftercn t persons as the law 
intends til e}^ filioiiUl he, mid thiuk it is good 
rcajon they should not serve upan this jury. 

L, C*JJ^ What ihnugh it be upon ihc same 
indictment ? The evidence is not the same ; for 
tbey are distinct olfenc^^s. 

Mr. Phippi. I do nut know ulielhcr it he a 
good cause of challenge, but submit it to your 
lordship. 

L, C. J, Well, you may doubt of it if you 
please, and try tbeWceptiuu.* 

* 8ee the seventh Resolution lo the Case of 
Ihe Regicides, ante; and Peter Cook's Case 
tn die same year, infra] and L#cach's Haw* 
king's Pleas of the Crown, hook 2, chap* 43, 
seel. 29. i 



T. 



Trial qfChnri^s CrSHhuitet 

CL of Ar. Thomjiit Tr'^nch. 

Cronb, l challenj^e him. 

CLo/ylr. John Wolfe. 

CrttnL i challuni^e him. 

CL of Ar, James Bodiugtoti* 

Crank I chaUenge him. 

CI. nf Ai\ Jonathan AadrewR. {lle4lidtiQi 
appear.) Jnhii Rnymond. 

Crunk I chaHenge him. 

C/. of Ar. GefTTf^e Hawes. 
' Cranlt, 1 challenge hiui. 

C/. of Ar, Francis Barry, 

Crunb, 1 challenge him. 

CinfAr. Arthur Bailey, 

Crank 1 challenge him ; he was upon ill 
last jury. 

L. C. X Tliat is no reason i will you ch 
lenge him peremploiily ? 

Cranh. 1 do challenge htm. 

CL ofAr, John Caine, 

Crank 1 do not except againU hini* 

CL of Ar. Hold Mr. Caine the hf>ok, cary 

Crycr. liOok upon the prisoner. Sir, 
shall well and truly try, and true delir 
make between our so?crcign lord the king i 
ihe prisoner at the bar, whom you shall hi 
iu cliarg^c, arid a tnii* verdict give, accordingi 
your evidence, so help you God. 

CLnfAr Thomas Glover. 

Crank \ challenge him. 

CL of A r. Doru I er Sheppard . ( H v 1 1 id I 
ap(ie4ir.) Ceoige Tredway. (He did noi i 
peur.) Matthew Uateman. (|{e did not i 
|»ear.) Timothy Thornbury. 

Cranb. J challenge him. 

(7. iffAr, Jarn^s Part he rich- 

Crnnb, I challenge him. 

CL 'ifAf^ Thtunas Freeman, (He did i 
appear.) Ro licit Biedou. 

Cnmb, t do not except against him. (E 
WAS sworn,) 

a. ofAr. Joseph Blisset 

Crank I chalk'oge him. 

CL ofAr. TimoUiy Laimo, (He did 
appear ) John Harris. (He did not appeari 
John Bil tiers. 

Crank I have nothing to say against hill 
[He was sworn.] 

CL nfAr* Richard Bourn. 

Cranb, 1 do not except against him, [H 
was sworn.] 

CL ofAr. George Carti>r. (He did not ap 
pear.) Franris (.hap man. 

Crttnb. 1 challenge him. 

CL of Ar, AlexanikT Forth. 

Cranb. 1 challenge hi in. 

CL lifAr. JNiicholas lioherts. 

Cmtih. I have nothing to say agaiost bifl 
[He was sworn.] 

CLof Ar. Ti 1 mas PI ay stead . 

Crank I challenge him. 
' CL o/At\ Wjlham Atlee. 

CranA. I chiillenge him. 

Cf,ofAr, Johu 3larsh. (He* did not ap| 
pear.) Anjre^v C«j«ik. 

Cnmb. I do not except against him. [I 
was sworn,] 



k 




fol^ High Treason. 

\r. John lUU. 

I challenge him. 
(r. William Partridge. 

I challeoee him. 
Ir. Peter Lerigne. 

I cliailenge him. 
\r. Thomas Moody. 

I challenge him. 
!r. Richard Belinge. 

I challenge him. 
Ir. Thomnai^vaiLs. 

J do not except against liin. [He 

"•] 

(r. Thomas Ramage. 

I have nothing to say agaiust him. 
iwom.l 
[r. Edward Townseod. . 

I challenge him. 
Ir. WilKam Guoson. 

I cliallenge him. 
[r. Philip Wightman. 
i say nothing against him. [He was 

Ir. John Wyboamc. 
S&over. I hope 3'ou take an account 
UengeSy Mr. Hardistey. 
. Nay, you should take care of the 
I, who are his coousel : if he had no 
ra would take care of him.* 
Here is Mr. Wyboume, what say 

I have nothing to say. [He was 

Skowcr, I hope your lordship will 

'coousel for him. 

'. We are to be equal and indifferent 

the king and the prisoner: but you 

mr his counsel by |aw, ought to take 

iW lose no advantage. 

Jr, William Strode. 

I bav^ nothing to say against hidi. 
iwom.] 

Ir. Dauiel Bv6e]d. (He did not ap- 
Icfwunin Noble. (He did not appear.) 
labile. 

I do not except against him. [He 
■•1 
ar. Cryer, countez. John Caine. 

Ar. Thomas White. 

Twelve good men and true, stand 
I lod bear your evidence, 
lanies of the twelve sworn were these : 
iiae, Robert Bredon, John Biltiers, 
Beam, Nich. Roberts, Andiew Cook, 

Evans, Thomas Ramage, Philip 
an, John Wyboume, William Strode, 
■tt White. 

dr. Cr^er, make proclamation. 
• Oyez. If any one can inform my 
tkiog'itjagtioesdf Oyer and Terminer, 
'•Sdjeaot, or the king's attorney>ge- 
^ this inquest be taken, of the high- 
Hfereof ibe priooner at tlie bar stands. 

tKsictoIha Cise ofDonPantaleon 



A.D. 1696. 



[23» 



indicted, let them come forth and they shall be 
heacd ; tor now the prisoner stands at the bar 
upon his deliverance : and all others that are 
bound by recognizance to give evidence agajnjit 
the prisoner at the bar, let them come forth, 
and give their evidence, or else they forfuit 
their recognizance. 

L. C. J. Mr. Attorney, do you think we 
shall be able to try the other to night f 

Att, Gen, That is according as this holds, 
my lord. 

L. C. J. T speak it for the ease of the jury, 
that they might be dispatched, and not attend 
another day. 

Alt, Gen. I doubt we cannot try any mora 
than this to night. 

L. C. J' Well, it is no great matter, it will 
be but a morning^s work ; it may foe too ffreat 
a stress and a hurr)[ to do any more to night ; 
and therefore we will discharge the jury for to 
night, those of them that are not sworn; but 
we will be here to-morrow morning by seven 
o'clock ; and therefore, pray, gentlemen, attend 
earlv. 

CL of Ar, Charles Cranbume, hold np.tliy 
hand, (which he did). You that are sworn, 
lM)k upon the prisoner, and hearken to his 
cause. He stands ilidicted by the name of 
Charies Cranburne, late of the parish of St. 
Paul Covent-garden, in the county of Middle* 
sex, veoman ; for that he, with Christopher 
Knightley , late of the same parish and county, 
genUeman, and Robert Lowick, late of the same 
parish and county, gentleman, and Ambrose 
Rookwood, late of the same |)arish and county, 
gentleman, the fear of God in their hearts not 
having, nor weighing the duty of their alle* 
fiance, but being moved and seduced by the 
instigatrau of the devil, against the moat se- 
rene, most illustrious, most clement, and most 
excellent prince, our sovereign lord, William 
tlie Third, by the grace of God, of England, 
Scotland, Fjrance and Ireland, king, d^ender 
of the faith, &c. their supreme, true, rightful, 
lawful, and undoubted lord, the cordial love, 
and the true and due obedience, fidelity and 
allegiance which every faithful sul^ect of our 
said lord the king that now is, towahls liim 
our said lord the king should liear, and of right 
ought to bear, withdrawing, and wholly to ex- 
tinguish, intending and contriving, and with 
all their strength, purposing, desiguinc^ and 
conspiring the government of this kin^oom of 
England, under him our said lord the king that 
now is of right, duly, happily, and very well 
established, altogether to subvert, change and 
alter ; as also our said lord the king to death 
and final destruction to put and bring, and his 
faithful subjects, and the freemen of this king- 
dom of England into intolerable and most mi- 
serable slavery to Lewis the French king to 
subjugate and enthral, the 10th day of Fe- 
bruary in the 7th year of the reign ot otur said 
lord the king that now is, and divers other 
days and times, as well before as after, at the 
parish of St. Paul Covent-garden aforesaid, in 
the county aforesaid, falselyi maliciously, de*v 



tSS] 8 WILLIAM IIL 

X. C. J. But Ihere you reKtmiD that in the 
heglnniiig' i^f ibe covenaut to every pmticuUr 
in that covenatit. 

Alt. en. Will your lordship please to cult 
iJiejury now ? 

L. C. J. Have you a mind to gpo on with the 
trial, or to go to ilinuer ? 

Att. Gen, I belief e your lordship can try 
but one more to night, and that n\iiy be us well 
After dinner as be fore. 

L. C. J, Well, then, adjourn till fire o*ctock, 
and in the mean iiine, you keeper, knock oCT 
the prisaner^s fetti»rs. 

Ktcptr, They shall, my lord* 

Then the Court adjourned till five oVIock in 
the ifclVemoon, it bein^ then about three. 

Post Meridiem. Ibe SUt of April, 1690. Ttic 
Court returneiJ, and was resumed about 
six in the Eveuiun^* 

Cf. ^f Ar, Keeper ol Ncwj^ale^brin^ Charlen 
Cratihurne to thi; liar, (>Vhich \\i\K ilunc). 
iJ bar lea Crnnhurur, hold up thy hand- (Which 
lie did). Those good mm that you h\\\\\\ hear 
calletl and jiersouully appear, are to pas^ be- 
liveen our soveieit^n hird the king arid yoUi 
upon tritil of your life and death ; and there^ 
lore if you will ihallt^ng^e ihem or any of them, 
your time is to spe^k unto them as tliey come 
to the book to lie SMroni, and before they be 
sworn. /, 

Crunlmrut, My lord, I humbly desire I iii§Yi i 
have pen, ink, and paper. ' , 

Court, Ayr. n ye, (He had them) 

C/. (fAr. Where is George Ford ? 

Crr/er. Vous avez. 

Crnnh. I ebatleoge him. 

Ct, o/Ar. William Underhil. 
' Crnnh. I choJIen^^c him* 

CL (yf At\ Wiihum Wilhent. ^ '' 

Cranb, 1 challenge* him. 

Mr. Phipps. If your lurdship r 
(hat were of the la&t jtiry t Is- 
i-alied of tins jury : »!ti^ pri- 
wpon the same '"' 

'x.c.j. 11 ;';; 

them, built k ut^t ii* U\' 
Mr. P hip pi. We hun»i 



Trmt qftfi 

a. qfA 

Ctvnk 

CL^fA 

Cranh, 

Crtmb* 
CL ifji 

ftp|M!iir«) 
Cranb. 
CL ^A 
' Cranb, 
CL of A 
Cranb, 
CLqfA 
Crank 

last jiirv. 
L CJ 



pivcn t^if i( 
ijiey are ii 
intends thtj [ 
reflion they ah < 



Not liui 
upon G( 
are ; yn 

i^'tiiltv 



% of the 

\mn\ the 

J, «nd murder. 



lordship, 

LC.J. W 
please, luul If 
f 

• H^ thf 
the Re(;i' 
in the m 
klna'j/ 




(ir, a^(ain«»t 
lAxI tiid caiivci with aod cad 




eo^tte the nation to Ij^wIh the Frenoh 

f: tnil lb** intlu^tment set? forth^ iUm the 

nwr nt the bar <JiH t(»r ttiin purpose »n^t 

bdconAiiit uiib st'Tcral fal^ Iraltons to the 

«ri4 g«>%'erii*ii€in» ol' the v%ays, mnoTier, 

rmeftftft itow, aii<i iIip time atitl place wh^n 

inri whf^re to tt»iissinal^ the king'; md at 

leoglh tlt«*3r ti|n*e«(l that iorxy horse men shoitld 

|W logrtb«r, and set upon the king" in his coach, 

ii he nftum^l lr«Hfi nuniini^ ; some to attack 

■j^ccv^cb, IV bile others set upon the -(ifuiiriis. 

^R\)ff mcitcttnent rjoes further ulmrge him with 

^Ffeltoi^ hordes and amis, and pariicularly witli 

B Mrr?iiu» a list ot the iissussm«lors irom one 

i %ta»$iner* These are the particular thiugfs 

I in tl)c indictment, and to this indict- 

t Ue has pleaded not i^njlty ; if we prove 

lit &cl^ gvtiiletuen, we do not doubt your 



Au. Geft, May it please your lordship, and 
ym ventlcm^n oj't lie jury ; the prisoner at the 
Wf Charles Cranbnme, i« indicted for hi^^h- 
ttWMi. tn cAnjpiMi!»iiig and iinsifriijHjg- ibe ileath 
rfA# kinjjr, Ointleoien, the overt - acts JJiid 
• id* imiictment to prove the prisoner guilty 
tn; that be was at fieverul meeting's and eou- 
MiHatioBaalKiiit the manner of puitinpr thia de* 
ifA In esyecoiion ; »t which ni«*eting7s it Has 
«frt€i1, ih«t there «hotdd b^ ahiMit forty UoiTse- 
■a rr ■ prepared, and armed for that 

fVjKt' y did provide hcii-fies and arms 

^thmx very iiiingf, and did agree to put it in 

(fi«ll»nefi(. the endence that you will hear 

fndUfied against the prie^ner at the bar wilt be 

^ tUi nature : You wWl henr iroro the wit- 

liva^ tbat about Obristniaa lust, or the be- 

|Ma( uf Jafmarv, sir George Barcley did 

MM ifw fro*n France from the late kin g^ 

^^Agpk U> ^ h<.io be was an officer iu hta iruartlst, 

^^^^p on for attacking- the prince of 

^^H^p^ \ M)|r wur upon bis f»erson. lie 

^^Eiroir«r MU>nt thnt time^ and several troopers 

^Vlh« lAte kin*r James's piards, to assiBt bim 

^BlKat hartmruutf conspiracy^ W hen sir Geor^fe 

Bwcky c«iiie ovijr, he did acijuaint with this 

^ iBMf a several persons in £n|>land, that he 

itnil^t proper to Ite accompticei: wtth him in 

k; pinicaUrly captain INirtet, Mr. Charnock, 

K WdJinni Parky OS, and s**ver?il othcru wlio*e 

B iiaa i you wdi liear of, and they had several 

iMetiiilfv ubout it the he^iouinj^ of February, 

ai capt. Porter'ft lodginc^s, at the Nag'ti-Head 

11 Covent- garden, at the Sun tivern m tlie 

luiiid. at \Ur Globe tavf-rn in Hatton i^arden, 

iiidt^ r ptsce^ where tlvey consulted 

^ wi ,1 they mi^,'hl altenipt and ac- 

iJiA Uoofly desi^fn. 

en, you will hear, tliat at these 

C' f ik£»4;.^ a was pro|K>»ed, ihat they should do 

iib^ »iid.ofcade A*t the king^ caine from Rjch- 

\ If hither ho used to go upon 

' rs were for doint^ it on this 

" A ^ tlicir opmrons bcinqf 

:bt necessary to find out 

the best place; and in 

they employed cupiain Porter, 




Mr. Kntjyhtley, and Mr, Kingf (wIto was exe- 
cuted) to view the L' round; and accordingly 
thpy went, and pitched upon the lane betue^o 
Brentford and Turnham*^rer»n for this pnr- 
|K»se. as the moat i-onvenieni phice r nnd bar- 
ing m\ dune, they came back, and g^ave an ac- 
count to those that had appointed to niet^t them| 
to hear the success of their expeililmfs, t%i the 
Nat(*»'Head in Co vent- garden ; and iu that 
jdace, yoti will find by the evidence, tbat thofe 
pcrsonx who \iere the beads of the conRpiracyt 
undertook to tind their several proportions of 
lUfu, for whom they would uudeilake that 
would gn with them, and he concerned in this 
desij^n. Sir Georeje Barcley was to furnisli 
about twenty. He had the command of the 
IrooperM tliut catue Irom France, and those 
other oflTicers that came thence were under him. 
Captain Porter was to furnish seven, Charnock 
was to furnish eig-ht, .sir William Parkyns iitt« 
lo furnish ftve horses and three men, and^ I 
Ihiukf Loivick %vas to lurrush some njor<* : in 
the whole niamber they i^eckoned there sJtoutd 
be about Coriy. 

It will appear, ircntlemen, that the prisoner 
at the bar, Mr. Crnnburnc, was one of the men 
that captain Porter untlertook to get, and en- 
jjai^e Til ibis rlesijjn ; and accortlingly captain 
Porter difl acquaint Mr. Cr^nbnrne with it j 
and he did undertake to be one, and lo be ready 
to go with liim, attd be concerned in this as- 
sassination. Yon will find lie was aeqnuinted 
with it nliout the I4t!i of Febmary, the day be- 
fore the first time tbat they intended to assault 
the king : then he did umleriake aTuI ffgree to 
prepare himself against the next day, Thyf 
next day. winch was the 15th of February, 
they had severat meetingrs, and they were 
fiiakiu!^ )Freparatton in order to go out. It 
happened, by g-reat providenoe. his majesty did 
not go abroad that day, and thereupon they ttts- 
pcrsed themselves ; " but they had meeiin;f» 
afterwards, at which meetings the prisoner wus 

E resent with captaij^ Porter, Mr. Peodergrass, 
ia Rue, and several others that were conecrrred 
in the conspiracy, |inriicularly the *ilst of Fe* 
hruary, the day before the second lime they 
were to have put this in execution. Captafa 
Porter being at the Hun tavern, with several 
other gentlemen, and they resolving to b*ve it 
ex<;cuted the next day, if the king wont abroad ; 
captaio Porter sent tor Cranhurue. and Kryei* 
that was executed, and Kendvick and 8hfr- 
boro, four of those that' he had undertaken for, 
(of whom, I say, Cranburne, the prisoner at 
I he bar, was one) and then he ucquainted them 
that ihey were resolved to go on with it iha 
next day. And then they agreed to be in a 
reuiliness accordingly. The next duy the pri- 
soner, with some others, met at Mr. Porter's, 
where they were preparing l<* go out and at- 
tack the king, and they had several diseourses 
about the ways and means of floiuLf U ; and 
particularly captain Porter at that time snid, 
that he had a vi-ry good gun that held about 
SIX or «igbt bullets, and thai Mr Pendergra^s 
was to have, who was tn tlUfcltiUi& ust^j^^Ms^ 




8 WILLIAM HI. 



I 



I 



I 



i 



S4S] 

shoot luto tb« ooadi ; Mr. Craiiburtie was there 
presettt at that titiio, aiid Mr, Cratiburne wait 
employ eit f^^ticitlarly by copl. Porier tu carry 
a lilt that IVirter wrilot the names of fiettral 
tneo that were to act iu it under liim, atid tUh 
he was to carry to Chttrm>ck ; Porter writ it 
and guve it hittii and he carried it^ with dirt^c* 
tlou^ to bnng it back witli the list of the names 
of Mr. Cliartiock^ii men* Cranburne itjd ac> 
cordin^ty at thai tliue carry the list of thtf 
tianies to cnpt^in Charnock, am) brought it 
kick, nitU at\ adilitluual hst irom co{>t. lJhar> 
90€k, nl hitimexi. 

At t)>at time, you will hear further, when 
Craabutne hroui^ht tiie hst, he biou^ht an ac 
count thill he heard the king did nertaUily go 
ajirond : for Mr. Charno^k hail intelltL^euce so 
noni i*hamber«, who lay at Kensington to get 
Hlteilij^^eace: at which there via» lory ^'eat 
i^joii'iu^ among alt that wtre pres^^nt aX that 
t|m(*f hoj^io^ they sliould have an o|iportuoiiy 
to put thi« execrable desig-n in e^ecniioa ; and 
!|0 they prt^jiared all of tiicin to ga out. There 
were sf.Teral inns in Turn barn- Green and 
ilreiitford« and thereabouts, and tliey i^ere to 
Ve placeil two or three m an inn, that Uiey 
might be ready to get together v,hen time 
should »f rvCt It hap^tcited the kijij^ did not ^o 
abroad that day neither, there beiu^ some dis- 
covery of thit» de»i^, and so ihey aid dt«perse 
tlieinseh eif, as appretiending it waa discovered. 

Gentlemen, it vt't[\ appear by levera) wit* 
QessfMtt that tlie prisoner at the bar waa 
engaged tu this horrid tieasonahle defsigo^ 
and IV aa to hare acted a part in it. We will 
cail our wit^ies&es that will make ilie particulars 
out to you, and we do not qnei^ioQ but you witl 
do what ia right. First, ^aU caiti^io Porter. 

tWhowasawom] 
ea»e,eqpt. Porter, 
gire the court and the jury an account what 
3rou kuo^v of this wicked mlendett as^as^ina- 
tion, and what ahar« Ifie priaoner al the bar 
had in h? 

Farter* My lord, hehre ihia wicked assas- 
«inaiioD was on toot, the prisoner at ihts bar, 
Hlf . Cranburue, was employed by me to biiy 
irms ; 1 naeil to give him money t«) go to the 
Irokers to buy arms at second-hand, a»d he 
brought a sword-culler to me, of whom I 
bought aibout tvienty s^Tords. And when air 
Gaofge Barcley earue into England, and this 
bMMOCSs vfm reaolved u(Hm, I acquitinteil him 
with the deaign, and promised to tnount him. 
He newer waa at any of Uie meetings with cap- 
laio Charoock, ur George Barcley, or sir Wui, 
Parky na ; hut he w ent to look for a horae, and 
waa ready both Saturday a to so along with me. 
Ou Haturday the 22d 1 aeot nim with a mea- 
■age to air William Parky na, for the note for 
the two horses, which he had promised me lo 
furniiih lue with, out of his iive that he was to 
furnJsb ; be came back again, and told me that 
there was a messenger came and said that iha 
king did go out, and he knew where to have 
the two horises ; that Mr. Charnock was afraid 
w^ shoulii not liave the fuU ouiuber of men, 



Trial ofCharUM Cranbume, 

aud desired me to tend him the naiDCS of i 
men ; I did write a hst of the names 
men, and 1 went aflerwards to the Bin 
I n firing- garden » whither he was to 
nie j he din so, an^h^ brout^ht back the list 4 
my men, with tbe iBt of Mr. Chamock'i mi 
written uoderneoth it, and at the aaicie I 
news was brought that the king did 
abroad that day. 

X. C. J. Vou say, that before th« i 
tiau wus set on foot, you employed hin tol 
arms and horses ? 

ForUr. Mv lord) 1 ac<|uaitilcd hini witbl 
the Friday before tlie first aS^urday. 

L. C. J. Vou said l»elore the 
vou employed him to buy arms: 
that ? 

F&rter. I said before the a^saastnati 
on f'»ot t employed him tf> buy nrms. 
Itim I waa to be a captain In cobnel Park 
regiment, and protntsed to make him my i 
ter-tDasler. 

L, C. J, Hew loni; ago waa thia ? Was i 
week before the assnssiutiUon was OB fwif 

FsHfr, He has known of my I 
tain in coK Parker^s regiment thia two j 

Ati, Gen, I do doubt, toy bird, he i 
distinguish the times when be bou 
arm«,and when the assasii^ation was, 

L. C i- Yes, yes, he <)o€9 imiw ; I mih 

Crebended him at tirst, and thought b« tiii 
ad employed bim to buy arma a w«ek f 
the assassination was on loot ; but he 
wtui a Ion gar lime. 

AtL Oen. 1 desii^ wy l<Nrd, He HttJ 
aaked what lime he bought arms before T 
sassioatiao : when was the last time be I 
arms ? 

Ftftiir. It was several tnotUbs bdbr« i 
assaitsitiation. 

Ail. Gen* W'aa it within a yaar before ilT 

Forier^ Yes ; 1 btlieve it was within a yc 
1 gave him several tim^ money for tliat pi 
pose, tti all above ten pounds, and be told a 
one with anothut, he had bought ten caiei 
pistols, and kept tliem in the liouae till 
were oocaaioii. 

A(i, Gen. How long ago ia it P 

Forttr, I believe about a year; wilhhl 
year* 

AU. Gen. When did yau first acquaint 1 
with the ai»sassLi)atiau ? 

Forter, Presently afW sir George Bard< 
aci)uainte4l me with it ; t sent to hin^ to \ 
him to get tlio pistol<» dean aiu) ready. 

Ait, Gem. Did you tell htm of thedesignl 

Farter . 1 toUl hitn titere was a demgu 
footf and I would t4.dl him more when 1 1 
him next ; and I desired bim to get ibe swo 
from the sword- cutlers, and the pistols t " 
aod ready. And 1 met him al^rwardiy 
told htm of the design, aud that we i 
do it on Saturday the J 6th; and be i 
to be ready and make oni^. On the 1 
fore the '^3d he went with me to the Cock«i 
and there we met with one Mr. Gunn, ancl 
aaked him if he knew where any good 1 




fif High Tire&sdn. 

nMit ^ Irtrf f H« Mid be }Mtft4 he 
M; aailT teiil CraQboroe with htm, nut! he 
■■i hmekj mod loYd mtht had fecund two or 
HtfMOiM m Bloomshttrj. 

L. CA /• I>K>li ye, eaptairi Porter, you must 
101 ipMkti Ito, tt is inopossible to undertUod 
i» viadi Bftlter ms you deliver without distin- 
rasluafl' of times* Yoti iiaid, that some lon|f 
mfe bmre the issafisinatioo wjis on foot you 
•wt him lo hiiy anns ; for what purpof^ were 

Aii. Gen. My lord, he has told you 

L C, J, Pray, let me tiear it frntn liim a^ain. 
t^rt^r, 1 »y, my lord, he knew ol' my be- 
ii| i Cftptttn hi colonel Parker's reg^lfDeat iim 
tpo years. 

L C. X But what were those arms for that 
belmai^ht? 

Farter. To be ready Bfratnftt kin^ J u noes 
knMm which n as desigtied several times. 

L C* J» Why, now you make the matter 
^ku to me. 

in, C^^n* My k>rd, that is not the tUinn;^ we 
fBipon* that is but introductory to the btisi- 
MS thnl we are tMkw trying^. Therefore we 
Me to liiii>w f»f him : captain Poner, when 
M |«e Unit aequaint Crodthuits^ of the asass- 
aniioii o£the kingf 

Verier. As soon as air Georgfe Bardey ac- 
^Bled me with it, and desired me to ^et #b»t 
Ofii I eotilr) to effeet it. I sent for C:rai)biirne 
f Mgfuga in Norfolk- street, and he caoae 
y mm mw nomijif ; and I told lijm ili«re wak 
lltaRgii on foot, and 1 would tell him more of 
rwartl«, 

► 0€U* When was il that sir George Bar* 
1 yod with itf 
About the Istt^nr end of January. 
Ait OtH. And H hat said be to it wbeu you 
him with it f 

He did agree lo go with me, and I 

I to furoisb itioi with horse and aruis i 

I FrhHiy before tlie 15th I sent hinj with 

r of pistolt to sir Wilhaiii Parky ns, to 

\ the tnree oaen he was lo mouui with 

I Knrses, 

, C J. Who waa to have those thiee case 

ifmiolar 

Fort^. Sir Wllfiaro Parky ns was ; and he 
einied them to ^ir VVilhuni Parky ns*s. 

dit. Gen, How lung* was tUis, do you say, 
Wibvt Ike assassioBCioit was to have been f 
p9N€r* H waa Friday before thL- I5th. 
Mt. Gtn, That was before the tinst time 
llal M waa lo hare been done ? 

Farttr. Ves ; and Friday before the last, I 
mthifB to Inok after the horstfS th»t Guun said 
hi behcreil he could help me to, and he came 
lkm t%o the Stra-tavero in the 8triind, uud tnld 
idJe0ery Gunn had found three horses 
bury, and 1 came out «jf the room 
I woa with i*ir Oeofge BafCl**y and 
, and there was kendrick, and K^eyes, 
and f toW them wc werc're- 
I H m execution the next *hiy. 
Well, prsy what discourae had 
19» ivi^ hia tiie next day ? 



A.D. t^. 



[SM 





PorteK The ocit day, the f 2d, he came to 
my tod^iog at Maiden- lane, and I sent him to 
sir William Parkyns for a note far the two 
horses, that I was to mount of his : he came 
back ai)d told me, he knew where to haVe 
them, and that captain Chamock was afraid 
we shoulil tiot have our complement of raerl, 
and desired me lo send him an account what 
men I could brings, which I did by Mr. Crafi* 
burne, aud bein^f to gx» to the Blue- Posts, or- 
dered him to brmgf it me thither, and he did 
bring* it back to me to the Blue- Foils, with 
captain Charuock^s list underneath. 

Soi, Gen. Pray, eaptaiu Porter, was there 
any body present when you terrt the list, and 
tlie prisoner brou|rht it back to you f 

Porter. Yes, there was Mr, De la Rue, and 
captain Pender^rstss, and Mr. King, I know of 
tjoue else. 

Ati. Gen, Pray do you remember whit 
heajttis were drunk iHer yoti heard the king 
was not to go abroad ? 

Porter. I do not remember u hat healths 
were drunk Ihatttay particulSrly ; but whether 
it were Thursday or Friday, (I catmot tell par* 
ticuUrly the day). We drank a health to the 
■qdeezuig of the Kettes Orange upon the uext 
t$uturday. 

Att* &Hh. Who w«^ present that day when 
that health was drunk ? 

Part er. M r. Craubume was there presettt at 
that time, aud did djiuk the bentth. 

Mr, Cowper, Pray, Sir, did he m^s^t you by 
appoint meat oil Saturday the 15th, or was ft 
by accident ? 

Porter, By appointment, at afl the rest didt 
to ret ready, as all the rest did, to go upou the 
design ; and so it was both days. 

Sir jB. SAot»er. If they have done with Mr. 
Porter, we would ask htm a question or two for 
the prisojier : we desire to know when it waf 
thai thost; arms were bought that he talks off 
For we moit ackaowledge that Mr. Cranburue 
heretnfDre went upon iteveral messages for cap* 
tain Porter ; when was that huyhj;j of onus? 

Porter, I teU you, 1 cannot exactly teil the 
month. 

Crunbtttfte. Do you remember the year? 

Porter. I lielirre it was less than a year be* 
t^re the assassinuuoa was oti toot. 

Crmi^urne. Jfyou remember, Sir, it was a 
vnotith before colonel Parker was put ia the 
Tower. 

Porter. It was several timet ; I cannot tell 
the pHrticulur times. 

8ir M. Shower. My lord, f ilesire to know, 
when he first commuuicated this dcsigu to Mr. 
Crauburne ? and who was by, and where it 
was? 

Porter. I told yon I sent for Mr. Cranbume 
one day in the week hettire the 15Ch, and he 
came to me at mv toderfiig in Nortblk- street, 
and I acquainted ]iin> thai sir George Barcley 
was cocRp, and there was such a design on 
foot ; and I desired him to ^t thome pi!>»toli 
that he had of mine ready, and cJeaued, that 
they ought be r«ftdy for thief ex«cvLiv(^u« 



*t7] 



S WILLIAM UL 



Trial of Charles Cranburne^ 



D 



I 
I 



Sir B. Shower, Wlml day was thai ? 
Pprter, Oiie dav in tlie week liefore the 

CrMtbvrne* Did yan erer oamc sir George 
Burdev to a)^ in your JiJe ? 

Foricr, Ves» i iliJ ; I told you he wm«! 
ctitrie lT«>ni Franctv 

Cranbunu. Wh#?re waa that, at Mr. ? 

I*mier. In Nnrtblk -street, where I lay. 

Crunburne. VVdu i*aa by ? 

Pitfter, Nobf»dy hut mysf^U* 

Sir J3, SkiUi^^rr. Upou vi'batuceajtioii did yoii 
Beet there? 

Porter. 1 sent for him lo my lodgtojf. 

8ir B. Shimir. How lonj^ hud sir George 
Barcley been in towu, Wlore that lime ? 

Pvrur, I Ciinnot tell the limt; when he came 
to town. 

Sir h. Sftower. How loog was it after he 
came lo toivu before yon saw hira ? Had yciu 
P*'en him a week or a furtuight before ? Pray 
recoilect yourself* 

pQrter' J told you that the fii-st time I heard 
of him, was the latter end of January ; c»|)taiii 
Charooi'k told me he Has come, but I was then 
fiick of ibe gout 

8ir B. Shitmer^ Now ih^n I would desire to 
know, who was by, upon the Friday before tlie 
S2d, at the 8uti*iavern in the 8traud, whea 
you and Mr, Cranburtie were there? 

ForUr. 1 did tcU you, Sir. 

Sir B. Shower, I tiesire to know, whether 
there was aoy body betides Mr. Cranburne, 
Keudriek, and Keyes ? 

Porter^ Sir, 1 will tell you all I can re- 
mem b^^r ; I was in one roum with sir Cieorg^e 
Ilardey, and there was sir William Piirkyos, 
caf^tain Charnock, and myself; ai:d ajterwanls 
1 weot into another room, where there was 
Kendrfck, and Cranburne, and Keycs ; and 
J«0cry Guon came in afterwards j I remember 
nt»bDdy else. 

Mr. Phipps. Was not Gi}t)U there when you 
you fif^t ciime in ? 

Porter, Tq the best of my rcraicrobrance, 
be came in aftet wnrd«. 

8ir B. Shower, IMy lord, thts may be a very 
roaterial part of our defence, and therefore we 
must entjuire a little the more mio it. Mr. 
Purter is pleased lo a^y^ that be was in a ronm 
with sir George Barcley, and Ciiarnock, and 
sir William Parkyos; and he e^me out into 
another room, wberw was Mr. Cranburne, Ken- 
itrickf and Keyes ; and there he says, at^er he 
liad bceci there s()nrie ume, Gunn came in; I 
desire to know whether Guiiu was ibere when 
lie first came in? 

Porter, Tr» the best of my rememhrance, be 
came in afterwards ; but 1 cannot |iosiiively 
IC'IU fftr t was in and out several tiincH, 

Mr. Phippi, At the lime tliat ynu coramu- 
picutcd this design to Mr. CraBbyrne, what £>md 
be to you ? 

Porter. When I first commimicated the 
ib'mg- to bim, 1 told bim titers was a thintr on 
foot Ibr the service nf kin^ J&ai4KS| and desired 
him to go alQug wiih iii«. 



i 



L. C. J. What kiod of aerriee did you 

htm it was? 

Piirt€r, He asked mr, wh:it kind of »e 
it was? I told him sir G«onje Barclcy 
come Of pr, and 1 told the whoie d^t|;n of 
assassin dtiou u! the prince of Or inge, thai 
was intpib^rd to tuke bim oH't as Ur «:ame In 
Ricbiiioiid trom buuiing'. 

Mr. Phipps. And jHay what did Mr, Gn 
buruc Siiy to you r* 

Porter, lie said he would be ready to 
aloni^ with me. 

Mr. P/tippa, You say, yuu eent by bim thi 
ca^e of |ii^lids iii sir VVili^am Parky ns i at ll 
time did you tell bim tor what desijurn tb4l 
pistols y% ei e f 

Porter, I told him, they were for the thn 
men that sir William Paikyns was lo omm 
njion three of hifi tive borse«. 

Crunburne, Did ytm speak to me to cti 
ihoie pistoU to sir VVilliain Parkyns.^ 

Porter, t think so, to the l>est of my 
menibraiice 1 ordered you myself to e 
til em. 

Sir B, Shower, Captain Porter, I desire 
to recollect yourself, aiK^l tell us plainly, 
tber the desi|fn was coiinnunicated 
Cranburne belure the l'»th? 

Porter, Certaitdy, Su-. 

Sir B. Shower, Art- ycm sure of it ? 

Porter Yes, Sir^ I am sure of it. 

Sir B. Shower i I %hk you, because you 
what has been said upon Uiis occaaiou in 
trials. 

Cranburne, Wliere did you write the nol 
that you say you sent to sir Wiltinm Parkyn 
Was that note seHled, or was it not? ^ 

Porter, 1 did not tell yoa that J wnHHt 
note. 

Cranburne. You fwore that yoti wmlft 
note, and sent it by me to sir Wdhnrn Pu^jj 
for two horses. 

Porter. 1 said no such tbin^. Sir. 

Sot, Gen, Look ydu, ca[itiiin Porter, let hi 
ask you any quewttons ; and if they be prop 
answer them, and let not bis attirmations 
mistakes provoke yon to be angry. 

PorUr, I said, 1 lent bim to sir Willi; 
Parkvn!i, for a note to have the horsefr, 
Mr. Lewis* 

Mr. Phtpps, Did you send bim witi 
ter, or was it a messdge by word <»f mouth f 

Porter. ] did send hira by word of moul 
for a nc»ie. 

L, C, J. Pray, gentlemen, observe tht 
deace : sir \\ itham Parky us was to irive a 
JWr two horses, and captain Porter sent C 
burne for the note. 

^Ir. Phipps. I'he (question therefore that 
ask, is, wbi'tber he trot a letter fur the no 
or whether by word of mouth ? 

Portrr, | sent by word ot mouth. 

Cranburne. Prjiy will you tell the coi 
what you said upoti the *4^2d to Mr, Peuderg^r^ 
and toe, alter you came down from the Bin 
Posts, leaning upon the rail. 

Porter, i do not remember i tvord of it, 



iiOj 



Jot High Treason* 



I oAoitnt rememl^er etery word ihat I hare 

Sir E, Showtr, If you can remember one 
particutsr, sure you oui reiiieniber anotlit^r. 
if ^tM csniif^t remember tUb, bow came you 
M rrmeittlMfr fttiy pirt of tUe tluicounMs ibul 
iMten^ ot the Blue Posls? 
JVlcr* l^dkuse itial Has material to tbia 
, far 1 Un^l very soon af^er a particular 
I to recoUect U upon tbe breaking uul 
tf IIm |»b>t. 

CfttH^nuf. Pray what hour was it ibb Ski- 
tiiiiiy the l^tb, Uiat you conimunicittiMt lliiii 
^oifD Ui me t 

ftrt^r, i caiiDOt teU wbnl hmir, but 1 say 
t«a mrt at ttie Blue-iVsts Satunlay tbe K'^ib. 

Crtm6i*nir. Vou say, you fommum^ateil it 
tvinettie t5th. 

Hi, Gen. lie mys be communicated it to 
|0f, bclofff the 1 jtli. 

Cr^mhume. 1 desire to know where be waa 
tblMb, 

fwi^r I say, ooe day before the 15tb ; m 
tbi wwfk 1 sent for )i>u to c«me lo my loiltf- 
iflfif and yon did cotue^ and tli<:re 1 t?<Hiiniu- 
mmcA it to you. 

Cr^mhmrni* il^ir, I was nut at your b»%inga 
tbiweek, 

Hr Fhiftpt, VYhat day of the week ? 

ftrritr, 1 cannot be positive ultether it wa» 
UnivmiUy or Friday, or what day \ but one 
plir thai ^et!k it was. 
\ llr. Fk%ppu You ought to be positive wbeu 

I Fortfr, I do tell you as nrar as I eon. 
L Mr. Pkippi. U'ltb tuhmikSion, niy tord, be 
i lo be poeit&ve one way or other. 
.C^J, ni&yt 1 do nnt aee that be ou^ht to 
ire lo a day ; be may bo mj if be can* 
kime* Pray what day did you say you 
I tte ti> air George Barcley ? 
I fmter, I do not say that 1 ever sent you to 
^G^ense Uiirclty, 

i Mr. Phippi* Can you take upon you to say, 
A lie was at your lod^iug^ ihui week before 
jlMh? 

Forter, To tbe best of my koowbdge it was 
DC ilay tbat week. 
Mr. Fhippi* To tbe heal of your knowledge I 
Are you sure of it ? 
L.' C, J. Hpenk as certainly as yon ean. 
Pwirr, Indeed, 1 believe sci^ it was In-fore 
Ibel4th. i aui sure, I thiiik« it was with in 
t fir four ibtys after sir GLinf^e Bare ley bad 
aifileil me wrtb it, I sent tu ilie prisoner to 

-,-„• i» me to my M)ilui;[% at Mrs. , in 

Kor(u)k* street, uikI acijuiiinied him with it, 

JL C\ X And i^beo you :ic^uainteil tiini with 
it, w hut tbd yau tell bim? VVh^it p^ut uuti he 
bactintt? 

Ftrrier. 1 told him, I would have him ^n 
lAan^ v»iih me, and that t had set liiiii down 
for one ul my p^rty. ;&od wnuM provide hitii 
Wie atid arm** ; aiud be did a^ree to gu along 

ttilklM. 

Ir a Shattter. Mr. Webber, Pray let me 
far Cbintock*fl ximL 



Sb. Buckingham. Why, air Barthofomew, is 
Ibe irinl any ewnlence ? 

Sir B. Sitou'tr^ Wr. Sheriff, I know what 
use I can make of it, 

Soi. Gen. Will you ask him any more ques- 
tions ? — Sir B. S/iow€r. Nu» Sir. 

SoL Gen. Then swear Mr. De la Rue, 
[Which was dtme.] Fray, Sir* ihve the cuuie 
and the jury, an account what you know of 
the intended ftHsassinutiun, and what share tim 
[ir4.<>oner had in it. 

De id Hu^. It is too lon|f a story to tell 
you all that I know ol this mailer ; but. if you 
please, I will tell yon tvUni cH>ncerut the pri- 
soner at the bar. 1 am heartily sorry tbat I 
have oceasiiio m ap^K-ar nt^aimit bim, as I 
would be truly at^aiiist any h<»ily - but since [ 
am here nptui my o.ith, t uinst flt*cUr*» th** 
truth, and uothin^ hut the truth; und I hupe { 
shall nnt deelart' uny thiti^ but what is truili. 
U|ri>n Sut unlay thi; 1 5th ut FebrnarVf the da r 
that (he detiiijrn w^a u* have been put in eice* 
cution a^aiost biii mujeMy, and all that Wf>re in 
the coach with htm, ntM\ ni;njr»jtt his (fuards; f 
irteut to i^lr. Cbarnnik'si iiwljjing-s in Norliiik- 
street, to inioroi mvBelf whether they re^cdveil 
on that day to ^a out upon tbe design; and I 
fbun<l hy ^Ir. Charnmk that (hey did re«iolr« 
Jt.an<l I staye^l there nubile, tdl such time as 
>lr, Chauil»*'rsuuHent ; 1 did not know nhejico 
he etiioe then, but, an I uas inlorrned alter- 
waiHlji, be came from Kensintjton to Mr, t'hnr* 
nock, ami his boots were dirty ; and Mr. Char- 
nock told me be bail sent a me^^Keuger to Mr« 
Porter i ami* sayn be, * If you will wtay a tittle 
* time, I shall hhve an answi-r.' 1 he rnessenifer 
came hack, and told him. That captain Porter 
dined at the Blue^ Vosih iu Spring -garden. I 
did not 4to to dine wiib him, but went borne, 
where 1 saw Mr. Kin<j, who told me, that 
the kin^ did not ^t^ cnit that day. I told bim, 
1 beard he did imt c E Ibund by Mr. Cbambers^s 
e^iniin:^ hack, and (hat we bad no notice from 
Mr. Cburnockj tliat ii was cuncludrd tbe kinnf 
did not go out as itn3Sf;up|M>sed he should have 
^nue. When I bad ilined at my hnh^iritr^ J 
went lo tbe Blue- Posts m Spring-garden to 
Mr. Porter, and there were four, or ttve, or six 
people with hiui ; there was mie Mr, Slierlmrn, 
and Mr. Kendriek, and two pi'opte tbnt I never 
saw ht'fure, und another per^ni, but I cannol 
t^ll now who be was, \Vhen ^^e had bten there 
a little while, in cmnefi (bi« nnfor innate man at 
the bar^ Mr. € ran ho roe ; i i hi not know where 
be had hei ii ; hut hy hts coinni|( in so late, 1 
KuppiiAe he bad not dined, and he onlered (he 
dra%«er to ^ei biru some costelct<(. This is all i 
can say an to tbnt day, l hiol seen capt. Porter 
twice t>r tbrice bet ween (hat and the '2til, and 
he dfsiretl uie to be at home on Fridav nig-bt 
betwec^u eijiht and nine, and he wouhl send to 
me: be ihd send, and I was from bonte. Hui 
wlien 1 came 1 was iiiii>rnied his serf^aot had 
been to i^peuk witb me ; and in (be mornm(i^, 
about eh^hi or lune o'cloik, Satnrdav the v»^d, 
be sent bis fcerrnol to me to tell me Kis mfLsicr 
wuuld speak witlk rneai hii bdgin^. I wcui 



I 



I 

I 



t5I] S WILLlAAf III, 

lo his todc^AQ^, and he then lay in Maiden- 
lane» at one Brown's a surgeon ; when I c^me 
iti, He Wis in bed ; anti h^ told me in Freoch, 
* Toots purttes eotit presls/ M\\ partieB arc 
f«ody. I tinders tood ftlk alimc^ that tiitre were 
three panics to be engaged ; one to otuck the 
king's ctiach^ and the tWD otht»rs the ^aftr(Js : 
•if Georife Barcley ^t»i to he4*l the first, and 
FortfTftnd Hinik^ood, the rest. Mr. Porter 
arfise and dre^jsf d hi m<ie[f, «tnd in came Mr, 
C rati burnt ; and Mr. Portpr tveni out to him 
in the dtnin|f-nK)m^ and what he said I camiot 
t«lt ; but mx^a alter eame in Pender|pNU9^ Mr. 
ICeyc9, and Mr. King, and then he takes pen» 
iJik, and pafier. 

Sir B, Shff&tr. Who took that ? 

J)t In Riu\ Captam Porter took p<pn, ink^ 
«ad paper^ and ^^^rites dofrn a lisf of [its paily, 
3Hid put* me down first, Mr. Pendtrii^^ 
aaked me ifl was tiie captaifi ? And 1 made him 
mme answer, but what in particular i cannot 
tell ; I think I told htrtt I knew of the thing 
liefore the ruost did. But I can renftember par* 
ticularly that list was^feii to Mr. Craubm-oe^ 
to carry to Mr, Chamuck ; iipon whai account 
it wa», 1 cannot tell; hut I conoliukd, that 
Mr. C ha mock wahi to lie ncf|t)atnted with ihoi!j« 
persons thai Mr. Porter wa»» aure of: and Mr, 
Porter at that f inie totd me that he wa« dbap- 
poioted of $ome people, and desired me to i?et 
liicn some other men in their roon»«i ; and be 
sent panicnlarly to one that Mr, Kinyr pro- 

eiaed ; am) 1 did go, und hrou^bt him to the 
lue-Po5ta, where captain Porter told me be 
wai to dine ; and the f«'enth'nf*an I went to, 
told me he wonlil meet me at the Blue-Poicts 
in SpriLi^-garilen. When I came hack fn Mr. 
Porter's lodifiojpi, Mr. Porter and iMr. Pendct* 
grass, and Mr. Otdtield^ and f , went in a coa<!b 
lathe Blue-Posts in Spring- jjardto ; Jind when 
we had b**en there a little while, Mr. Cran« 
bume camt> hnck to ^ive an account of the er* 
rand Mr. Porter had sent liim upon, and he 
brings this lisit. 

J/r. Grn, Who brouerbt it ? 

De la Rue. Mr. Cranburne. 

Cranbume. I\ hither did I bring it ? 

DelaHue^ To the Blue- Posts in Spring- 
garden. 

L. C. /. Yon must not ask any questions 
till they have done with him. But Mr. Dc la 
Kur, let me ask vou what duy wits this ? 

De in Hue. 1" his waft Hainirlay the 2Sd of 
February ; and lie told .^Ir. Porter there was a 
tiiit uf VJr. Charoock*!* men at the bottom of 
that list; and 1 took the list in my hand, and 
there was 1^1 r. Chirnock^H hst of six or »cvftn, 
or thereaboots, oC bis party^ and M the bottom 
of it Wv8 R, C. I ihintj for Kobcri Chnrnock. 
Mr Poner takea Mr. Cranburo^ from the com- 
pany into another rootn, and I went *iftcf them, 
and he told captain Porter, in my hearing, that 
the kin^ did not ^o ool that day. There is one 
tbin|jr 1 furgot winch now [ rceolWt, and I am 
upon my oath to tell the truth, and the %%Kcde 
trnlh. When I was at Mr. Po«tef*s lodging, 
h« la!i me the kinf was to g9 dut ; aad that 



TrM ofCharUi CrAnbume^ 



DW 




Mr. Chambers^ the OTderly auM, hsd 
word, That the king resiolrcd to go oat 
len and eleven . 

L.C J, Who said so? 

De la Rtte, Mr. Cranbirme fold f 
Mr. Porter's lodgings: I say I bad fofgut 
but it occum to my metnory now, that be 
me there before be went lo the Bliie P< 
that th« kmg did go out that day between 
and eletcn; for Mr. Chambers^ the orderly 
limn, had been with Mr. Charnock or air W mi 
Parkyns, to let them know so mucb. Am 
afterwards, when be catne back with ibc* Ik 
of ca|itain Porter's men, to captam Porter 
the Blue Posts, in the Spring-garden, \\ 
was at the foot of that list^ a liirl of Mr. Cbi 
tiock*9 m«n in attotber hand, t suppose writ 
himself, but tliat I cauuot swear whose hai 
it was I and Mr. Porter took him into i»ft< 
room, and then Mr. Cranbnroe tcdd him 
king did not go oat, and I belifva it waa tlii 
between oleveo and twelve o'clock ; and 
aUo tohl Mr. Porter, that Mr. CI)artiock wi 
iipprflieusive the thing was discovered, 
ihereibre desired him to have a e«re of 
self, lor he himself was resolved not to 
home that night ; I think, my lord» Mr. Porii 
did seud biick Mr. Crnnburoe to Mr, CbtH 
nock I I cannot be potitire whether he did < 
fiot, but I believe ne did ; because I am wn\ 
Mr. IJranburue did tell Mr. Porter, sir Geotgl 
Barcley would speak with him ; and Mr. "" 
lor mnde answer, why should he desira m# . 
go to him, when he knows 1 am under fon 
ill circumstai^cefi, ami he can better e<iiii# I 
iwe f And I believe Mr. Porter did send Mi 
Cranburoe ouue again to Mr. Charndck. 

X, C. X Well, pray do not say any thiq 
of any matter, but what you can bo poiitiTt 11 

De la R$t£, Bat Mr? Porter did not g«» i 
Mr. Charnock, nor did Mr. Charnock cuoiel 
him, therefore they staid there and dineil ; an 
after dinner, or a little before dinner, Key4 
the tf umpeter came up and told us, that mj 
lord of 03tlnrd*s rcgiuient of Cuards wat 
inrned from Richmond, t!>arning: Keys 
down stairs again to learn intelligence, as 
thought, and C4ime up and told ub be aaw 
kin^'i conches newly returned to the Mc. 
»nd Mr. Craiibnriie was by all the lime; 1 ihi 
this was before dinner, and tbeti we went 
dinner. 

L. C* J. ] tell you agam, do not s|>eali mj 
tbifik llml it material, but what you oati be |MI 
sttifc in. 

De la Rue. I am positive as to the tkiftg 
and that it was the 9Sd of Kebruury, but I <»M 
wvt be positive as to ill the circutni^tait«ec« 
After dinner there was the usual bt*alib<$, t 
Jacobite healths lo king James, and the priAtfl 
of Wiiles, ami the Restoration, and the tike 
and iift<>r that I think it was Mr. Porter ti 
an Orangp in his hand, and i»c]ucezed it, 1 am 
sure one in the coui|iany did, and drattk some* 
thing lo (lie Rotten Orange, I cannot vei 
Weil ren^eu^r j u&t now w hat it was ; but 
would be cautious of spying any tbuig but fvki 



m truth ; ^Li1 if ymir lordship will ^ve me 
I Wte to rrci»IWct ray self, I will tell you what 
il was — Oil ! it wfts * to the i<jtteeKiiitr of the 
liutten Urani^e,^ aad the hcmlth i\^iit rottoit, 
' 9t\d Mr. CraolKim^ was in the cuitipany, sail 
I ^mtk tbtf l)f tilth. But bejug ilisapi«viul4Mi anri 
fuled of tkm iletftgu hy the king's not ^q- 
tJjat (fcay, aod Mr. Porttr b*^ing 
9ped by Mr.Charaock to take careof htm- 
lieing tolii that Mr. Cbamt»ck uoiild 
^Mlie ftt lioroe that mfiUx^ and the guards re- 
in that manner^ they were alt appve- 
I tK»l the thing hnd taken ^ir, atiil t!»c 
I of Aaaaaainatin^ the kui|^ was discovered, 
lai Hicref^ Mr. Porter coiicludt'd of ^oln^ 
Mfif Ipwa ; aeveral heeltbt wfre drunk rouud, 
lad I liitfik about tuo o'clock he weot out of 
kitm^ wmd tlMO the cotnpaQy broke up. This 
k vliai I €tm my as to the prisoner, and 1 hope 
IkftTe aaid nothing- but what \s trutlj. 

9tL Gem* Then, i»y \m-d, we dejire to know 
l4flb€r they will ask liiio any questions i' 

Mk. P^ippM. At the time yon say this list 
Hf gireo by captain Porter to Mr. Cranbiirn«| 
dUMr. F^ffMr declar€ to what purpose the li^it 
mmmmf 

Dt la Rue. No, Sir^ not a word of any such 
Afi||^. Mr. King- was by, and Mr. Pender* 
gnavwaui by, and 1 think Mr. Keyea was by, 
Mdbtt irrii a list of his party , putt ing^ me down 
fall #pil Mr* Pendergrasa said to me, You 
'o, and he gasrc it lo Mr. Cmnburoc 
it to Mr. Charnock ; what ilie partt- 
wa«, 1 cannot ha poaiti? e : in- 
do not very well remend^er the tnes- 
tBe^km the list waa carried to Mr. Chamork, 
iM lithe best of my memory it was to g^ive 
Hr.diarfiock ao account what men bo wof 
«it«f$ f<kr Mr. Porter told me of several dis" 
appMoienls he bad had, of persons ikftt had 
flMtocl inWf and failed. 

Mr. Phijps, Can you remember what Mr. 
tattlnirfte said upon Uiat? 
Dr U Ru^. No, I do not. 
Qrmmhmrne. Wiiat measag^e wa« thai» you 
HI, I brought from air Geor^re Barcley ? 

Dc la Huo I do not kuy that you brought 
my mcflsage firom i?ir George liardey^ 

Carji^rae. You said that I brought a ines- 
nigv, that air George Borcley would i^ee him. 

ht la Hur, I du not say so ; hut I iay that 
yan ttdd Hr. Porter that Mr. CljurnofJc sent 
foia with a message to let bim know thai sir 
&■•. Bardey was desiroui to see Mr, Porter, 
10 ooofer about taking care of Iheniselvc^. 

Cmmkumt, Did ynu hear me name sir 
George Barcley** nnme ? 

Sh l» Rmu. 'Ye», 1 *ay you lolrl Mr. Porter 
Ikat Mr. C ha mock md you caution him to take 
tan 0l'hiimm^il\ and that he wvM go tUcit way, 
ftf air George Barcley, and he, ilesirtNJ to see 
kin ; wd Mr. Porter said it was an uureaion* 
iMtlbingfor Mr. Gharnock to desire it, be- 
fittm iba J knew ho waa under cirotjmstancesi 
llittlfna not proper lor him to go, and he 
Mttdijud th^y would not rather come to bim< 
L C\ /» nhu lime a-day was this f 




k 



De la Rue, Il was about twelve o^clock, i 
think. 

L, C. /. Waf it aAer sacb lime as the newt 
was hrotight thai the king did not go abroad 

that day ? 

Jh ia Rue. Yes, my k>rdy il wtm aAer that 
lime. 

Mr. Phtpps, Were you with sir George Bar- 
cley when he was here in England? jDid yoii 
see htm here? 

De /a Rue. I did nol aee him on this aide 
oftbe water. 1 knew him abroad, and a great 
many other unfortunate persons, that were 
coDoerued in this aii'^ir ; 1 knew son»e of them 
here^ and thot ihey were concerned in the de- 
sign, but 1 did not converse with many, inde€4 
with hut a very few about it ; for to shew that 
J was not a man that defiigncd to trepan or en» 
snare any man, 1 did never exchange two 
words about this matter with any porsonfi that 
f knew were eonoerned in it, but sir William 
Parky ns% (and that lint in a small measure) 
and Mr, Chiurnockt and Mr. Porter, and Mr, 
King, and colonel Pnrker; except what passed 
u|Kjn the 2 2d, between Mr. Porter and Mr, 
Charnock, when Mr. Porter sent Mr. Crou- 
burnc to Mr. Charuock. Mr, Cranbiirne was 
one wlio Mr. Porter oalted his quarter- master: 
I know thiB gentleman was coiiimonly depend- 
ing upon Mr. Porter, but J think I never was 
much in hit com pan v ; 1 did not know what 
dchign be bad upon hfm, hut I was told by Mr. 
Porter, that he intended to make him hi^ 
quarter- master, and I understood Mr. Porter 
was to have a tvoop of hur:ie in colonel Parker's 
regiment 

Mr. Phipp$, Yon say you knew a great 
many of litem that were eoucerued, but yoti 
discourbeii and conversed hut witli & few P 

I>c la Rue. I do so. Sir, 

Mr. Phippi, How do you know that Ihey 
were concerned, when you did not dtsoourae 
with ttjem ? 

De la Rue. By information from Mr. Char- 
nock and Mr. Porter. 

Mr. Phippt. Do you krK*w any thing mor« 
of Mr. Cranburne, than the list, and what you 
have said already ? 

De la Rue. I give you an account of aU 
that 1 do know. 

L. C. X Answer that particular question. 
Do you know nothing moi-c than what you 
have said ? 

De la Rue, No, my lord, 1 do not remember 
nor know any inor<? aa to Mr. Cr&nbume thsn 
what I have decbred, artd I am sorry 1 bad 
occasion to decfure so much. 

dit. Gen* Then call Mr. Pendergrass. 

[Who was sworn. 1 

Sol, Gen, Pray will you give my lord and 
the jury an account of what you know of the 
intended assussinittion, and how fur Mr, Cran- 
hurne, the prisoner at the bar, was concerned 
in it. 

Pendergrais. My lord, the 13th of February 
last, I came out of fiaitipshire, Mr. Porter ^nt 
ibr me to come to town^ and j met hitu tK%t 



^ 



855] 



8 WILLIAM IIL 



day At the Blue-Posts in Sprfogf-f(irden, and 
there he told me of the assassinatiou that was 
to l»e d«>ne on Setunlay tbilowing: the next 
day we dined at the Kose-taTern, where the 

Erisoner dined with us, and we talked of the 
usiiiess ; that was Friday the 14th, and we 
were to be in readiness the next dav to assas- 
sinate the kingf, as he was coming from Elich- 
mond ; but some oom|Niny comme in after- 
wards, we lef^ oflT the discourse, and talked no 
more that nt({^ht. The next day that we were 
to do tlie business, we met at the Blue-Posts 
in Sprinf^- garden, and findings the kinji^ did not 
go abroad that Saturday, we dined there at the 
Blue-Ptuits, and talked over a^n of assassi- 
nating the king, and the priiioner was by at the 
same time ; tliey were aJI mightily conoemed 
the kinff did not go that Satunlay ; but when 
we liad dined there, we had no further dis- 
course am»ut the assassination that day, but 
every body was to prepare against the next 
Saturday. 

L. C. J. Was that agreed upon then ? 
Pendergran. Yes, it was by all the com- 
pany ; so we parted that dsy. 8ome time the 
next week I met 1^1 r. Porter, and Mr. porter 
asked roe, if I had a horseman's .sword ? I 
told him, No : says he to Mr. Cranbome, Let 
capt. Pendergrass have one of the horsemen's 
awords that you have got. 8ays Mr. Cran- 
burne to me. If you will come to my honse 
you shall make choice of one yourself, for I 
liave several at home. Said I, Mr. Cranbume, 
1 cannot go that way, but I will Uke one of 
your choesing, if so be you will leave it at my 
lodgings : he said he would do it, and did ; he 
left it at my lodgingi in Suffolk-street, which 
sword I have still. The day following I met 
him, and he asked roe if 1 had received the 
sword P 1 said, I had it ; and he said it was 
▼ery well. AAer tliis, I did not see Mr. Cran • 
bunie till Saturday the S9d, at which time f 
came to Mr. Porter's lodgings between nine and 
ten o'clock in the morning, and the prisoner at 
the bar was there, and 1 heard Mr. Porter give 
him a message to go to sir William Parky us 
for some honti'S, 1 know not how many, l^hc 
prinouer went, and in some time after came 
twck again, and brought an account that the 
king went out that Saturday the 33d to Rich- 
mond ; so every ho«ly was to get ready : and 
I'Ir. Cranbume said, that Mr. Cbamock de- 
sired that Mr. Porter would send a Int of his 
-meu ; upon which Mr. Porter wrote a list of 
his men, and gave it to the prisoner to carry to 
Mr. Cbarnock, and bid him meet him at the 
Blue- Posts ; and Mr. Porter, and Mr. De la 
Rue, and I, took coach, and went down to 
Spring- garden, and when we came to the Blue- 
Posts, there were some persons that 1 think 

Mr I>e la Kue had an^iointed to come there : say on behalf of the prisoner in this rest 
the tirisoner comes tnither, and brought the j this : Here are but tliree witnesses prod 
list back, with a list of Mr. Chamock's men ; and as to one of them, De la Rue, there 
underneath. 1 know not who the men were, i evidence that he ^ives your lordship ai 
for I saw it only on tlie one side of the table in jury that affects this matter, but only that 
Mr. Porter's hand ; at the same time the pri- 
coiicr brought an aocouuti that the |^og did 



Trial of Charles Cranbume^ 

not go abroad that day, and presently aft 
had the same accoimt: from other hands 
captain Porter and I went cot of town, a 
heard no more of it. 

£. C. J. Are you sure that ht did ag 
this matter before the 15tli P 

Pendergrass, Yes, I am sore of it 
agreed to it Fri«lay the 14tli, at the i 
tavern, in Oovent-garden. 

L. C.J. C>n the 15th, it seems they 
disappomted ; are you sure there was ao i 
ment to pursue it the 22d ? 

Pendergrass, Yes, 1 am sure there wa 
lord. 

L, C. J. Was the prisoner there ? 

Pendergrass. Yes, my lord, I am sor 
the prisoner at the bar wins there. 

Crunbume, Pray, Mr. PendetgraM, 
there any discourse about thia thiog w 
was there P 

Pendergrass, Yes, Mr. CranburiM, yoi 
not hot remember there was. 

Cranbume, What hour did I come 1 
pray. Sir .? 

Pendergrass, Truly, 1 cannot be potiti 
an hour ; but you were there while thi 
course was. 

Cranbume, Whether I did stay thi 
the while, and who was in the company! 

Pendergrahs, All ■ the company bnil 
about six o'clock ; there was Mr. King, 
Porter, Mr. Kendrtok, Mr. Cranbume, 
Keyes, and myself. 

Cranbume. Was Kendrick there wl 
was there ? 

Pendergrass. Yes, I am sure of it ; 
do you all the justice in the world that I • 

Sir B, Shower. You say. Sir, he did 
upon the 14th to this desigti ; pruy what ^ 
did he use ? 

Pendergrass. He did agree that we s 
attack the king the next day. 

Sir B. Shotcer. Pray, Sir, if yon ca 
collect yourself, what did the prisoner as 
whether you took him to agree liy being si 

Pendergrass. He said, he hoped we s 
execute our business the next day. 

L. C J. What day was that r 

Pendergrass. That was the 14th of F 
ary, and the same night I gave account c 
matter to my lord Purtlaud. 

Mr. Phipps. Did he agree to be one I 
execution of the design ? 

Pendergrass. Yes, he did ; he disoo 
the matter to me himself. 

Att. Gen. My lord, we have done wit 
evidence. 

L. C. J. Well, then, what say you to 
the prisoner ? 

Sir B. Shower. My lord, what we hi 



was a list given by capt. Porter, and o 
the prisoner to Mr. Charaock, and te br 



for High Treason. 

b. Bat he does not recollect, nor 
oy ineMage that was sent from Purter 



A. D. 1696. 



[S5S 



to Mr. 'Chamock : now, m v 
bare carrying of a note of names will 
idenoe of treason. Mr. De la Rue 
iwear to any privity of the prisoner, 
list was for, nor to the delivery of the 
h is the overt-act in the indictment ; 
what account this list was written, or 
coaght hick again, or any word that 
1 from captain Porter to him upon 
e list, or any word when it was brought 
in. So that as to De la Rue's tasti- 
e must submit it to the memories and 
un of your lordship and the juiy ; we 
only proves a plot in general, of which 
lo peradventure, every body is satisfied 
re was such a hornble conspiracy : 
It have been condemned and executed 
sve owned it, and so it can never be 
; but he does not say any thing to af- 

pnsoner at the bar; for as to the 

of healths, and being presant when 
alths were drunk, though it be an evi- 
' disaffection to the government, or too 
kmI manners and complaisance to the 
f a man is in ; yet that disaffectk>n, or 
iper, or complaisance, we hope are no 
s of treason. It is plain the prisoner 
od very much upon captain Porter ; he 
rath bis servant to go of his errands. 
Beted an office from him, God knows 
Mit it does not appear by any particular 
hat he did any tbmg that can be treason, 
r. De la Rue's evidence. Then, as to 
r. Pendergrass says, I must confess his 
t comes home : for he says there was a 
of tlie assassination, and some agree- 
'ibe prisoner to it ; but I must beg your 
1^ favour to observe, upon Mr. Pender- 
cvidence, if that stand akine, it will be 

witness, and then we are safe by the 
' of this act of parliament. 

/. Ay, and by the law, before the 
of that act. 

. Shower. Then, as to capt. Porter, I 
pg leave to say, if our witnesses are 
lat were absent at the other trial, and 
>ve what is in my instructions, it will 

much questionable, whether theve be 
idibiiity due to his testimony : then if 
£ off nis testimony, there is only the 
e of >lr. Penderrrass ; and if he be to 
fed, to which I nave nothing^ to say at 

in the case of a man's life, upon an in- 
t of treason, where the law requires two 
witnesses, his single testimony is not 
It to convict the prisoner. We 

call our witnesses, and then we shi 
lo your lordship, and the jury. 
Phipp* A% to the particular overt- act 
he in«lictnicnt, ihe carrying about the 
y Mr. De la Hue speaks to it, and sir 
MDCW Shower has gif en it an answer, 
laH not repeat it. 

/. Ijtok y e, for that, if any one overt- 
ovcd by 2 witnefses, it is well enough. 

XIII. 



Sol. Gen. Besides, they mistake, my lord, 
extremely ; for captain Porter and Mr. Pen- 
dergrass speak both of them to that particular 
as tothe^ist. 

Sit B. Shower. Wedonot deny it; the ques- 
tion is, Whether you have two credible wit- 
nesses ? 

Cranhurne. Pray, Mr. Penderj^rass, do you 
remember what daptain Porter said to you, and 
I, when we came down to the Blue-Posts, 
leaning upon the rail ? 

Pendergrat$. Indeed, Sir, 1 do not. 

Cranburne. I would have you recollect 
yourself; as we stood against the rails in 
Spring-garden, when we came down from the 
Blue-Posts, after the design miscarried, Mr. 
Porter said, Mr. Chamock and they might 
thank themselves if it were discovered; * For,' 
savs he, * I never communicated a word of this 
* thing to any of my party.' 

Pendergrass. indeed, I do not remember a 
word of it. Sir. 

Mr. Phipps. My lord, we have one piece of 
evidence to offer against the testimony of cap- 
tain Porter: he says, that he sent Cranburne 
vrith Gunn from the Cock- pit to see for hackney 
horses, and that Cranburne came to him to the 
Sun tavern, and there they had some discourse 
about executing the design the next day ; and 
being asked, who was by, when he communi- 
cated the design to Cranburne? and partica- 
larly, whether Mr. Gunn was by? He says he 
came in afterwards, hut was not there at the 
time of the communication about the design. 
Now we shall prove that Gunn came in with 
the prisoner, and was with him all the time, 
and there was no such discourse happened. 

Sir B. Shower. Call Jeffery Gunn, and Mary 
Gerrard. [They appeared/l Your lordship 
will observe, what captain Porter swore, that 
be went into the room to Cranburne, and Gunn 
was not there : now, if we falsify him in that 
particular, we shall submit to your lonlship 
now far he is to be believed iu the rest. 

Att. Gen. Pray, sir Bartholomew, ask your 
witnesses what you will, but make no descants 
upon their evidence till you have heard them. 

Then the two Witnesses were sworn. 

L. C. J. Well, look ye, you are both upon 
your oaths, consider what \ou say, speak the 
truth, and tell all that you know, and nothing 
but the truth. Which do you begin with ? 

3Ir. Phipps. Jeffery Gunn— Pray Mr. Gunn, 
did you go to the Sun-tavern at any time with 
Mr. Cranburne? — Gunn. Yes, I did. 

Mr. Phinps. What day of the month was it? 

Gunn. 1 cannot positively tell the day, it was 
of a Friday. 

Sir J5. Shower. Was it of a Friday, in Fe- 
brua»-y, or January ? 

Gunn. It was lu February. 

Mr. Phipps. Was it before the plot broke 
out? — Gunn. Yes, it was. 

Mr. Phipps. How long was it before the plot 
broke out ? — Gunn. I cannot tell that, truly. 

Mr. Phippi. Whence did you go ? 
8 



»55] 



8 WILLIAM III. 



I 



I 



day a I the Blue- Pastil in Kpiing-^rden, and 
thi^re litf toM me nf the HssFLs&itmlion that was 
III he iUn\f on JSnlnniay ttil]n«vtu|^ : tLj? licxt 
tlav we i\\nei\ al the K<>«e-tiiveni, wliere the 
prisoiier iHi*€tl wiib us, ainl we talked of tt*e 
buiii liens ; that was Friday tUe Htb, and we 
VtCFv lo be iu readioes^ the iiext dav to ausa^- 
ainale the king", ai he was comities fit»ni lUch- 
niotfd ; but some cniii|mTij coming m after- 
wuntij« we left utT the di^couiiKC, and latked no 
more that nigliL The iiejtt day that wc were 
to do lire husiness, we met iit the Blue*PiJst?i 
in Spring- £;iirden, and Hndirig tltt^ kiu^ did not 
(f abroad that Salurduy, \^e dined there at the 
Bloe*r«i»tii| and talked over aiTain of assas^i* 
Haling' the kioqr% and the prisoner was hy at the 
liamc tune; they were uU mightily concerned 
the kiog did not i^o thai Satnnlav ; bnt wh«r^n 
we iiail dined there, we had no further dis* 
loutse uiniut the assassination that day, but 
pvcry bmly was lo prepare og^aitist tJie ntixt 
8atui^ay* 

L, C' /♦ Was that agreed upon then ? 

Pendrrgniss. Ye», it was hy aU the coiti- 
fany ; so we parted thai day. home time the 
next week I met Mr. Porter, and Mr. Poner 
asked nie, if I had a hortwman^s iwmd ? 1 
told liim, No: says he to Mr. Cranhunie, Let 
<"ajil. Peridergrass have one of the horhemen's 
KWonh tliat you hin^e §ot. t^aya Mr, Cran- 
liinie to me. If you will cnme to my honse 
V«>u shulJ umke choice of one yourself, tnr I 
haveaeveral at home. Said I, iVlr. Cranburne, 
i caiHiot go that way, but I will take one of 

?'Oiir cb<Miaingr^ if ao be you will leave it at my 
wlgin^ : he said he would ilo it, and did ; be 
left it at my lod^ng^ iii Huflblk -street, which 
aMord I have stilL The day fotUnvitig I met 
him, and he asked nie if I had received the 
fword? I said, I had it; and he said it H-as 
Tery welL AlWriliis, t did not see Mr. Crau- 
hume till baturduy the 3'Jd, at which time I 
came to Mr. Porter's lud^gings between nine and 
ten o'clock in the mominjr, and the prisoner at 



Trial of Charles Crmnbume^ 

not ^ abroad that day, and presently after i 
had the same account from other bvida ; as 
captain Porter and I weat out of town, and^ 
heant no more of it, 

L. C. J. Are you sure that he did agree 
thia mailer before the 15th ? 

Pendergrau, Yes, 1 am sore of it ; I 
agreed to it Friday the I4ih, at the Rot 
tavern, in Co vent -garden. 

L. C.J. (In the ISUi, it aeenid they 
disap^ioinied ; are you sure there was an agif 
meat to pursue it the 22d ? 

F4ndcrgrau, Y es, 1 atu sure there waa^ 
lonl. 

X. C. J. Was the prisoner there ? 

Fendergrati, Yea, my lord, I an 
the prta«nicr at the bar was there. 

Crunlurne, Pray, Mr, Pentlerirraas. 
there any discourse about this thing 
was there? 

Fender grass* Yes, Mr. Cranburtie, y* 
not bat remember there was. 

Cran6urae> What hour did f come ll 
pmy, Sir f 

Fendergrau, Truly, 1 cannot be posittre 
an hour ; but you were there while ibe <f 
course was. 

Cranlmnte. Whether I did itay there 
the while, and whfi was in the company ? 

Fender gra^i, AH the company broke 
about hix oVlock; there was Mr. King-, cm 
Purler, Mr. Kendrtc^lc, Mr. Cranburne, I 
Key es , a n d m )'feel f . 

Cranburne. Was Kcodrick there when 
was ihei-e? 

F aider grau. Yea, I am sure of it ; 1 
do you all the justice in the world that 1 cj 

J^ir B. Shmeer. You say, 8ir, he did 
upon the 14lh to this desigu ; pray w 
did he use f 

Fender grass, ITe did a^ree that we 
attack the kin**- ilic next day. 

Sir B. Shower. Pray, Sir, if you 
c«dlect yourself, what did the nriiioner 




the bar ssas there, and 1 hearil Blr, Porter give whether you touk him to agree by being 



him a messat,'*? tu go to sir Wilham Parkvns 
for some hurbi%, I know not how many. "the. 
pritioner went, and in some time alter came 
iMck again, and bri^uj^bt an account th^t the 
kiug went out I hat Saturday the Qad i<j Rich- 
mond ; so every InHly was lo gut ready : and 
^r. Cranburne i^aid, that Mr, Cliarm>ck de< 
Hired thai Mr. Purler w*nild send a list of his 
ineu ; u|»on which Mr. Porler wrote a list of | 
htii %x\e\\ Bud gave it to the prisoner to carry to 
Mr. Charnock, antt bid him meet hini at the I 
Blue-Po«ts; and Mr, Porter, and Mr. De la ' 
Rue, atid I, took coach, and went down to 
{»priDg-gpirdeu,and when we came to the Blye- 
Posts, tlieie were son^e persons that 1 think 
Mr Dc la Rue had appointed lo come itiere 




Fender gntu. He said, he hoped we si 
execute our hintiuL-s^ the next day. 

X. C X What day was that ? 

Fendergraii. Tliat was the 14th of Febr 
ary, and the same night 1 gave account of 
matter to my lord Purtland. 

Mr. Fhippi Did he agree lo he one io 
execution ot the design ? 

Fender grass. Yes, he did j he disooti 
the matter to me himself. 

Ait, Gen. My lord, we have done with^ 
evidence, 

L. C. J. Well, then, what say you to it 
the prisoner ? 

Sir B. Sh oner. My lortl, what we hare 
say on btdtalf of the prisoner in this respect 



the [prisoner corner thither, and brought the j this : Here are but tiiree witnesses prodtii 



ha back, with a liiit of Mr. Charnock s men 
underneath. 1 kuovv nol who the Dien were, i 
for I saw it only on the one «ide of the table in 



and aa lo one of them, De la Rue, ibere is 
evidence that he gives yuur lordship and 1 
ury that utfecis this matter, but only that tbi 



Mr, Porter's hand ; ^t ijjc saciie time the pn* 1 was a list given by capt« Porter, aud carried 
foncr brought an accouut, thai the |^og did , the prii^iner to Mr- Charoock, and so brat^ 




w 



Jur High Trtaion. 




bthit\ 



EiorQpon 



a^fn. But he doe« uot recollect, nor 
T to aoy message that was sent from Purler 
the prtsooer to Mr. 'Chamock : now, my 
|fcrd, tJie ban earning of a note of names will 
lie ixi evideoce of trt^sott. Air. De la Rue 
iMn swesr to any priyity of tiie prisoner, 
the lis»t wnA foi\ nor to ihe delivery of tbe 
t, which is the overt-act in the imiictment ; 
what account this list was wrjittn, or 
;, or brought buck aj^ptin, or any wont that 
'ed from captain Porter to bini upon 
the list, or any word when it was brought 
ftgain. So that as to De la Uue^s testi- 
1MDT, we tmiist sn limit it to the roeftiones and 
leooilectton of your lordship and the jury ; we 
tbiak he ooly profesa plot in general, ot wlitcb 
Ibffe is no pcradienture, every body is salii^fied 
1^1 there was sncb a bornble conspiracy : 
thoK that hate been condemned and escectUed 
^il^ have owneti it« and so it can never be 
4ouiiUnl ; but he does not ^ay auv thing to af- 
hX ibe prisoner at the bar ; for as to the 
i^Amis of healths, and betn^ present when 
tbMt])«alihswere drunk, ihough it be an evi- 
Iao0 of disaffection to the jrovemment, or ton 
tndi good manners and complaisance to tbe 
tmffV^y a man is in ; ^et that disatTecttoo, or 
^fdimper, or coneiplaisance, ue hope are no 
tfiieooea of treason. It is plain the prisoner 
44 Impend very much upon captain Porter j he 
»u in truth his servant to go of his erranils* 
ind e3rpecie«i an office from him, God knows 
tbni; but it does not appear by any particular 
lavHuthai he did any thing that can lie treason, 
span Mr. De la Uue*s evidence. Then, as to 
WA Hr, Pender;; rass says, I must confess his 
^bec <?onies home : tor he stivs there was a 
^1^ of the assassination, ami some agree- 
MHI«f th4^ prisoner to it ; but I must beg your 
MiUp's favour to observe, upon Mr, Pender- 
linrMli eridcDce, if that stand alone^ it will he 
mime witness, and then we are safe by tbe 

Ifonifvr of this act of parliament, 
L, €. X Ay, and by the lavv^ before the 
^ikiaof of that act. 
Sit U. Shirmer, Then, as to ca|»t. Porter, ] 
lioat beg^ leave to say, if our witnesses are 
cooie that were absent at the oihtr trials and 
Ik^ prove what is in my instruclions, it will 
Ve very much questionable, whether there be 
lay credibility due to his teitimony : then if 
jou lake off his testimony, there is only the 
tridcoc^ of Mr, Penderpass ; and if lie he to 
be beheyed, to which I have nothing to say at 
proent^ in the case of a man*8 life, upon an in- 

(ifltonent of treason, where the law requires two 
Qiilble witnesses, hts single testimony is not 
■fieieot til convict the prisoner. We beg 
ktve to call our witnesses, and then we shall 
lave ' • r lordship, and the jury. 

II As to tlie particular overt-act 

Wi**...v ■' ' nt, 1 he carrying about the 

bl« only t [iue speaks to it, and sir 

navtSioliiiu. er has given it an answer, 

lad I that] not repeat it. 

L C J bx>k 3 e, for that, if any one overt- 
tct n proved by 2 mtueiiet, it ii \vetl enough. 
^OL. XIII. 



f 



SoL Oen. Besides, they mistake, ray lord, 
extremely ; for captain Porter and Mr. Pea- 
dergrass speak both of them to that partlcoJar 
as toihe^ist. 

Sir B.5Aoarr. We do not deny it; the ques- 
tion is, Whether you have two credible wit- 
nesses ? 

Cranhurne. Pray, Mr. Pendergrass, do you 
remember what (Captain Porter said to you, and 
I, when we came flown to the IMue-Pofit9, 
leaning upon the rail ? 

Fcndergrau. Indeed, Sir, 1 do not. 

Cranburne. I would have you recollect 
yourself; as we stood against the rails in 
Spring-garden, when wc came down from the 
Blue* Posts, after the design miscuriicd, Mr. 
Porter said, Mr. Charnntk and ihey might 
thank themselves if it wire discovered ; * For,* 
says he» * I never communicated a word of Ihia 
* thing to any of my piirty.' 

Pendcrgrass. Indeed, I do not remeniber a 
word of it, Sir. 

Mr. Phipp$. My lord, we ha?« one piece of 
evidetice to offer against the testimony of itap» 
tain Porter: he sa}% that he sent Cranlmrue 
with Gnnn from the Cock-pit to see fur hackney 
horses, and that Cranburne cnme to him to the 
8un tavern, and there they had some discourse 
about executing the design the next day ; and 
being asked, who was by, when he Cjommuni- 
eated the design to Cranburne? and particu- 
larly, ivhether Mr. Gunn was by ? He says he 
came in afterwards, hut was not there at the 
time of the communication about the desj|fn. 
Now we shall prove that Gunn came in with 
the [irisfmer, and was with him all tbe time^ 
and there was no such discourse happened. 

Sir B. Sihower, Call Jeffery Gunn, and Mary 
Gerrard, [They appeared."] Your lordship 
will observe, what captain Porter swore, that 
he went into the room to Cranburne, and Gunu 
was not there : now, if we falsify him iti that 
particular, we shall submit to your iortlsbip 
liow far he is to be believed lu the rest. 

Att. Gen, Pray, sir Bartholomew, askyom* 
witnesses what you will, but make no descants 
upon their evidence till you have heard them. 

Then the two Witnesses were sworn. 

X. C. X Wetl, look ye, you are both upon 
your oaths, cousider what you say « speak the 
irmh, and tell all that you Icnow, and Dothiug 
but tike truth. Which ito you begin with ? 

Mr. Fhipps. Jeffcry Gunn — Pray Mr Gunn, 
did you go to the Hun-lavprn at any lime with 
Mr. Cranburne? — Gunn. Yes, I did^ 

Mr, Fkippi. What day of the mouth was UP 
Gunn, 1 cannot positively tell the day» it was 
of a Friday- 
Sir B, Shower. Was it of a Friday, in Fe- 
brua'-y, or January ? 

GuHH. It was m February', 
3Ir, Ffiipps. Wan it before the plot broke 
out? — Gunn, Yi^s, it was, 

Mr, Fhippi. How long was it before the plot 
broke out ? — Gunn, I cannot tell ihat^ truly* 
Mr. Phippt, Whence did you go f 



859] 8 WILUAM HI. 

Gunn, I WB9 at the Cock-pH, and I went 
from thence to the Sun-tavern. 

Sir B» Shower. Whom did joa meet there? 

Gunn, I saw captain Porter there. 

Sir JB. Shower. What room were yon in ? 

Gunn. We went mto a room next the street. 

^^ir B. Shower. Who was there with you ? 

Gunn. There was Mr. Cranburne, and I, 
and Mr. Keyes. 

Sir B. Shower. How longp was it belbre BIr. 
Porter came in to you ? 

Gunn. He came in about half a qnartm- of 
an hour after I was there. 

Sir B. Shower. Were you there from the be- 
ginningr till Mr. Cranbnmc went away? 

Gunn. Mr. Cranburne and I went from the 
Cook -pit together. 

Sir J^. Shower. How long did yon stay there ? 

Gunn. 1 was there about an hour and a half. 

Sir B. Shinocr. Were you out of the room 
at all in that time ? 

Gunn. Yes, 1 was out of tlic room once. 

Sir B, Shower, How long were you out of 
the room ? 

Gunn. 1 went home to my lodging. 

Sir jB. Shower. Were you ever with Mr. 
Cranburne at the Sun -tavern at any, time be- 
sides tftis ? — Gunn. Never in my life. 

^ Sir Ik Shower. Whom did you leave with 
him when yon went out ? 

Gunn, Captain Porter and Mr. Keys, aa I 
remember. 

Sir B. Shower. Were you there before cap- 
tain Porter came to him f 

Gunn. I was with Mr. Cranburne, and cap- 
tain Porter came in about a quarter of an hour 
afler ; we came from the Cock- pit together. 

Sir B. Shower. Vny recollect yourself, and 
tell us upon your oath, Were you there when 
captain Porter came in ? 

Gunn. Yes, I think I was there uLen capt. 
Porter caiue in. 

Sir B. Shower. Did you go and leave him 
there ? 
' Gunn. We went all out together. I was 
there about an hour and a half. 

L. C. J. Nay, but you said you were absent 
some time. 

Gunn. I went home, and came back again. 

Sir B. Shower. When you went home, did 
you leave Mr. Cranburne behind you ? 

Gunn. Yes, 1 think so. 

Mr. Phipps. Did you leave captain Porter 
with him ? 

Gunn. I think captain Porter was with him 
then. 

Mr. Phipps. But, upon your oath, was you 
in company with Mr. Cranburne at the Sun- 
tavern, wlien captain Porter came first in ? 

Gunn. Captain Porter went in and out se- 
veral times. 

Sir B. Shower. Did you see captain Porter 
before you went to your own house? 

Gunn. Yes, sure. x 

Mr. Phipps. Then it cannot be true what 
Mr. Porter says, that Gunn did not come la till 
aflerwards. 



2'rial of Charles Cranhume^ 

Att, Gen. Now, Mr. Gunn, 1 1 
a question or two first,. Were yov 
while that Mr. Cranburne was 
you go home ? — Gt^iin. I went I 

Att. Gen. Did yon come ^k 

Gunn. Yes, 1 went home and 
tuab. 

Att. Gen, How long were you 

Gunn. I came back in half a 
hour. 

Att. Gen. How far is it to yoi 

Gunn, It is not above 100 yar 

Sir B. iSAoiver. Did Mr. Porte 
you before you went home, w 
came in with Cranburne ? 

Gunn, He came in after we 
room. 

Mr. Phipps. Captain Porters 
came into the room Gunn was no 

L. C, J. He did not say positi 
he rcniembereil ; now I would asl 
tion or two. 

Sir B. Shower. Pray, mj lord, 
from this evidence is this : Ct 
says, that upon Friday the 2tst ol 
was with Cranbnme at the Sun-ts 
of one room into another ; he < 
Cranburne, and talked with him n 
ami after that Gunn came into th 
the communication was over: i 
swears he went from the Cock- 
Cranburne, he was with him in 
first when captain Porter came 
afterwards he went to his own he 
captain Porter with Mr. CraQ!)ur 
back again, and they came aw; 
now, we Ktiy, these two are incc 
captain Porter swears that Gunn i 
till alter the cominuntcation was < 

L. C. J. As he remembers. 

Mr. Phipps. Nay, I think he 
he came in afterwards. 

L. C. J, As I remember, he \ 
tive ; but call captain Porter yjjaii 

Mr. Phipps, When you cuir; 
year house, who were in the roon 

Gunn. The same company as 
as I remember. 

Mr. Mountagiie. Was captain 
room* when you came back ? 

Gunn. Indeed I cannot direct 
lieve he was. 

L. C. J. Pray observe what 
snyaj he says, captuin Porter can 
and was there several times be: 
awav. 

Gunn. Yes, my lord, he was 

L. C. J. And J ou were absent 
bnt were you there some time I 
came in ? — Gunn. Yes, I believe 

Tiien Captain Porter cam 

Att. Gen. Look \e, captain Pc 
that man there ? — Porter. Yes. 

Att. Gen. Pray give an accoun 
know of that man's coming in tfl 
Sim-tavem. 



IBJ) Jhr High Treusofu 

F^Ut, I came several times out of m 
G«ofge Barcley^s room into UieirSf and to tbe 
^of my retnembraoce, Mr, Cranl>ujne wi» 
ilitn? tyf^fore HtuiD came in. 

'-. D« jau rf?meo>ber wljtnher 
: ii4t ^ou went out of sir George 
^ riHitii la speaL uiiti ilr. Cranhuroe, 
. luj was tbere? 

/V*r/cr. To tUc best of ray remembrance be 
*i* not ; to the k^it of my remembrance, Mr 
f-vtjm, 1 NHiv Mr. Cranburne m ibc room be- 
luic yoii V, -IS iber*. 

hit B. Shnuer. Did yoo not order Gutin to 
fiome Willi bim to the Sun-tavero T 

Gorier. Ve«, 8ir, 1 did. 

Sr B. Shof^cr, Caouot you tell whether they 
«yM logetiier ? 

Fmi^r^ 1 was not in the room wheD tbey 
WBtt in lifstf but to tbc best of my ri^meni- 
bmctt ba itaiE not there ivbeo 1 csme in the 
tatmw. 

LCmJ, Now, GuDD, you hear h hal cap- 
Iti Forter iayi ; before you went awuy lo 
fsirowti boucc^did Mr. Porter come into the 
mm Id you P 

Oayrn. Indeed, my lord, ( am not poattjve, I 

.Att. Gen. Neither of them is positive, arwl 
iL It % circumstaoce not very material ;** for it 
Most lia waa abseutt imd toen the diieouiae 
tiffbilMw 

JL C J. No, it is not material, but you see 
tfqtt ft itriet est a mi nation what it comes to, 

Sr B. Shower. Th^y ava a^nrd upon it, I 
, tiO b(! positive on neither side. 
9kippi* Mr. Ctacbtune, pray aak Mrs. 
Itrtial yoii have a miud. 
' Mrttc* Pray w hat do you kuow of ca^)- 
tib Bof1er*fi GTolng out in disgui^« and wear- 
kfttlMm \xmx and vixardii, and goiu^ upon the 
b^toay, ami tuch things f 

Gtrrard. I kuow not what Mr. CrenUuroe 
Hftia [41 which tile people laughed,] 

Sir B. Skoucr. It is no laughing matter, 
tkcn a loan ii upou his hte, 

X. t-. J, No, no, lei him have fair play ; aa- 
mm ikim cjaesttun* 

C^^mk^me, Bo you know any thing of your 
ttaitcr^a go«Dg abroud in ilbigiiiiiee ? 

Q^rrmrd. I do uoi know any thing of my 
WnttfUt^B foia^ upiin the highway. 

!LC, J. Did hi* go uui vinh fizanh, or aiiy 

Cirrard. 1 never saw him wear a vizard or 
llbt iMvrd in aiy life, but he had «»uce a patdi 
IB aftwn l>e waa foi\;erl lo keep out ofrhe way, 
11(011 tbe account of the Dog'taietn liuMnej»& 
ia Drury ■ huie. 

Ilr. Pkipf^$. Bee if iMr. Edward Boucher is 
hert. [He waii caile«J, but did not appeun] 

%aB.SlwwtT, CftU Mra. BurPm. [Which 
tnadwittf but ibe ^ uot appear.] 

Hr. FMppi. la William Hardy man here P 
(tfi^was called, but did not ap|>ear.] 

Str B, Shauer, Then call Simon Dawfion, 
ltd «e bai c done. (WUkiU waa done.) 




A. D. lem. 



[1^69 





Cr^er. They are all called, but they do not 
appear. 

8ir B. Sko&cr. My lord, we rnunt submit it 
to your b>rdship^$ direct iotis, upon the evidem;e 
thut has been givi^n^ as lo the croilibihty of 
tliiiae witiiai»!t^»and whether what capt Purler 
says, and wh^U Gunu says, be consistent; so 
that you can be saii^tied there are two lawful 
credible wituesaes to prove any overt- act, 

X. C* X Yes, aure ; but 1 would have you 
debate it, il' you believe there be any thioif 
in it* 

8ir B. Shower* I subtoit it to your lordthip^a 
direclions. 

L. Ci /. The queaiioa is, Whether 1 should 
give aoy directions at all ur oo« or whether 
there be any occasion tor it ? 

Crajiburnc. I declare thin openly l>efore ihii 
honourable court, and ao muny noblt^meo aff 
are here, that Mr. IVrler nrver made me ac- 
quainted with thU design, till what he swore 
here. 

L. C,J, I cannot tell^ it is tworo by lire 
witnesses. 

Cranburnr, I do declare, though capt. Pea- 
dergraK« says he dties not rememtier il, thai 
captain Porter did decUre iu Bpring-gardee 
tbe ^2d, when be came out of the Blue-Po^ta 
by the rails, If this <leiign mi&carry, sa^a he, 
Mr. Charnock may ihaok himself: for T never 
oommunicated this secret lo any of my friends. 

L, C J. But hark ye, do you conwder what 
you say, If this drsigu miscarry ? Pray what 
design wua that? 

Cranburne, He never oamtHl any thing but 
the design, he did not say what it was. 

L.C.J. But why were yim employ t*d to 
carry a list from capiat u Porter to Mr. Cbar- 
uoclc, and lo Uijig a \kt back again froiu bit|t 
to captain f^orter r 

Cranhurnt. I did carry the note, but tlieie 
was nothing mentioned wfiai the list was for. 

L. C. J. Then you wme there on Friday 
the Mlh, and thert the design wait propost^d to 
assassinate the kiog tbe next day, and you en- 
gtiged in it. 

Crnnbume, Not a word of it true, my lord. 

X. C\ J. Ay, but Mr. Peiidergm^ swt^rs 
it, ami that you were hearty in the matter, and 
hoped you shoubl do your bustnets the next 
day. 

Cranburne, I cannot b^lp it if he does swear 
it. 

L. C. X Then you were at tbe nieetiug •! 
tbe 8uu- tavern, the 'i let. 

Crefi6ern«. My lord, you bear what Guoo 
aays. 

L. C J. As 10 thai, they are ueilher of i hem 
posiitive; but you did iher«: |iromise uud under- 
take tbe matter, that captaui Porter is pobitive 
in, thai it wsis ajriied by > ou all to do it tlie 
2£d; and Mr. PetiderM-niss Bays, when yiiti 
were dUappointed the Ifiih, you all agreed to 
pursue tbeiiume deHitfu tlie^aVimlay following, 

Cran^em^. My l4»rd, I did not dine at tbrfS 
Bl ue- Posts tbal day. 

L. C;. J. But you were tbere \ i ibi&k^ Ukr 



S63] 



8 WILLIAM m. 



Trial of CharUi Cranhume^ 



deed, Mr. Penderpfrass savi you came in after 
dinner, and ha\.d some steaks. 

Cranhume. 1 neVer heard directly nor in- 
directly of this design, till what I heard them 
■wearliere. 

X. C. J. Gentlemen of the Jury, You do 
understand tor what crime this prisoner at the 
bar is indicted : it is for higfh-treason, in de- 
siflpninc^ and compassing the death of the king, 
which was to be efft^ct^ by an assassination in 
the most barbarous and wicked manner, that 
any attempt of that nature can possibly be 
made, being to surprise the king, and murder 
him in hia coach. 

The question, gentlemen, is. Whether this 
prisoner be gnilty of this crime or no? There 
nare been three witnesses produced that have 

B*?en efidence against him, captain Porter, 
r. De la Aue, and Mr. Pendorgrass; and 
tliey do all tell you that there was such a de- 
sign on foot to assassinate the king, as he came 
from hunting at Richmond, after he came on 
this side the water, in the lane between Brent- 
ford and Tumhatu -Green. There were di?erse 
persons engaged in this design, which sir 
George Raraley was come from France to pro- 
mote and manage : captain Porter, as it does 
appear upon his evidence, was a person that 
was principally engaged, and at that time was 
hearty in the prosecution of it. 

As to Mr. Cranhume, captain Porter tells 
you he was a man that he had had a long ac- 

Suaintauce with, and hod employed him, and 
esigncd to employ him as an oiRcer under 
him, in case a revolution happened, which it 
accms about that time, and some time before 
it, was expected. Captain Porter was to have 
been a captain, and 1 think he designed to pro- 
mote Cranhume to be his quarter- master ; and 
he sent him to buy arms; and preparations 
were made for that business ; but that is not 
the thing that we are now upon ; the matter 
that now properly falls under our considera- | li 
tioD, is this : the coming over of sir George j i; 
Barclay, the latter end of January, or the l^- 
ginning of February last ; upon which, as it 
seems, Mr. Porter was engaged ; and having 
an interest in this Cranhume, and there being 
horses to be furnished to attack the king and 
his guards about Turnliam-Green, this man, 
Cranburne, was a person thnt was engaged to 
be one of the horsemen that were to make the 
attack \ and he tells you that he did employ 
him to provide horses* and swords, and to pre- 
pare tlie pistuls; and that he did engasfe in it, 
and |>articularly that the design was to be exe- 
cuted on Satuitlay the 15ili of February, and 
that he was then ready to go with capt. Porter ; 
but on that Saturday the knig did not go abroad, 
whereby the design was disHppoinU*d for that 
time : afterwards, there was a meeting at the 
Sun-tavera in the Slraml, where he met with 
■ir George Barclcy, and others of them ; and 
there comes to that tavern Mr. Cranhume and 
otiiers, and they were in anotlier room, and 
captain Porter says he came to them, and did 
discoune sbout pursuing the design tbe ^mty 



and Cnabnmt 



next day, which was agreed, 

was ready to go the next day. « 

Then he tells you further, that the next day 
being Saturday the 22d, the second time X\aX 
this assassination was to have been execoled, 
upon the desire of Mr. Cbaraock, who war 
a person also that was engaged in thii de- 
sign, c*aptaiu Porter writes a list of the mcD ba 
could bring, and sent it by Cranburne to Char* 
nock ; Cranhume carries the list to Mr. Chai^ 
nock, and brings it |tack again with an additioa 
of tlie oamcs of Mr. Charaock's men nudm* 
neath. 

Mr. De la Rue is called, and he fweaia W 
that very circumstance, that Mr. Cranbont 
was sent by captain Porter with a list to Mr. 
Chariiock, and brought it back again from Mx: 
Charnock, with an addition of other namti. 

Then Mr. Pendergrass telle yon, that he M 
with this Mr. Cranburne, the prisoner at tkg 
bar, the 14th of February, and Uiere was a dii- 
oourse of going in pursuance of this daaga IIm 
next day, and the prisoner agreed to it, wbiob 
he is positive in : he tells you, that when tbay 
were disappointed tbe 15th, being at the Dlw 
Posts, they then agrreed to pursue it the. aot 
Saturday ; Cranburne was cue of them Ihil 
agreed. 

Captain Porter and De la Rue inform jm 
that healths were drank to the late king, aai 
the late queen, and the prince of WaMs^ m 
they calletl him, and then at length, ta Jba 
concluding health, captain Porter, or soma tf 
them in the company, having an orange iihil 
hand, squeezed it, *and drank a health la da 
squeezing of the Rotten Orange, which wH 

Idedged by all, and particularly by Mr. Ciaa* 
Kirne, as is proved by both captain Porter aid 
De la Rue. 

So that now. Gentlemen, I must leave it li 
you, whether this is not evidence sufficieiitii 

1*»rove this man guilty of the treason wheretf 
le is indicted, that is, of designing and in 



ing the assassination of the king, and beidcO" 
gaged as a party to execute this design, inim- 
ever there was an opportunity. 

The counsel insist upon it, on the behalf of 
the prisoner, that what captain Porter myt ii 
no evidence : in the first place, they urge thtf 
he is not a man of credit, for they have mm- 
tioncd that he used to be disguiseil. and wctr 
a vizard mask, and go abroad under odd cir* 
cumstauces, and therefore his reputation tfaff 
hope is not good enough to make liim a credible 
witness aginst the prisoner : now the prisoner^ 
witness being produced, says slie uever knew 
him go in disguise, or wear a vizard mask, bil 



once he wore a patch, because he was 
some ill circumstances ationt a riot in Drury- 
lane ; every body understands what the mean- 
ing of that was, his drinkintr of healths at a riotp 
ous assembly, upon the 10th of June, and ha 
being under some prosecution for that, ooca" 
sioned him to wear that disguise, but it WM 
not done to hinder any person, or do any mii* 
chief. 
But then, say they, he ia mistaktD \m Vk 




J&r High Treason, 

[iftdcfice, of the meeting at the Sun-taTern the 

Sit of February, the day before the last^ that 
• de$i^ was to have been executeft^ for 
wtiarcas he says, that Gunn Has uot tbere u hen 
hecune lo them, yet Gudii was iu the com- 
puiy at that time, and whereas he swears po- 
silivdy that tbey discoursed of goin^ ii|>oti the 
Mine (iesi^ to assassinate the kinj^ the next 
daj, as was agreed the Saturday before; Gunn 
beard do sach discourse. Gudd is called, and 
be teils you he did come to the 8uEi-taverii at 
that titue, wiili Cranbume and captain Porter, 
bteame inti) tbe room, and he heard no sncb 
teourae. They did open it^ indeefl, that Gnnn 
Mbem there all the while, and if so, then if 
tfase bad been such a discourse, he must have 
bard it. Gunn has been examined, and does 
ten you be was not there all the while, hut 
iicilool aod was absent for some time, about 
klf a fjuarter of an hour 

Tbey have made a question, whether captain 
forter came in when Gunn was there ? He 
mp trtily be thinks that captain Porter did 
tmt into the room while he was there, before 
k went out, bnt he cannot tell certainly ; he 
mi there some time, while he was there. Then 
eiplaia Porter was called a^in, and captain 
P&rter does say be knows Gunn ^as there, but 
tbetber he waji there at that time he came in, 
l« cannai say positirety ; but Gunn savs cap- 
tua Porter was going in and out several times, 
H Porter says himself; and Gunn was absent 
firwome pari of the time. 80 that f cannot 
^ lOfrt of contradiction between tbecFi- 
'that PcirieT gives, and the evidence that 
f l^cs ; the one is uncertain, and so is 
^er tts to that circumstance. 

Geoliemei), they would infer, thai if 
i was any such dbcoorse wliile Gunn was 
, it must be of necessity that Gunn must 
} heard it ; bnt it is not necessary the dis- 
»ahou)d b* when Gunn was ihere : cap- 
1Mb Porter swears positively, that there was 
•neb ft diaeoorse of goin§; the nejct day to pur- 
M» Ibe detiiri^ atid be says be thinks Gunn 
HIV not present at that time when the discourse 
itit, and Gunn says be was abcent some part 
if the time. 
Aad 10 I must 1ea?e it to you : upon the 
if Mr. Cranbume, tbt prisoner 




at the bar, did consent and agree to act in thia 
bloody and wicked design, thtn you are to find 
btm guilty; if you are not satisfied ofihat upon 
the evidence you have beard, or you think there 
is any inconitistency, or incohereuce in the tea ^ 
timony on the one side, and the other ; and 
that there is good reason to disbelieve the eri« 
dence against the prisoner, then you are to ac- 
quit him. You have heard your evidence, and 
you had t>est consider of it. 

Cl. of the Crown, Who keeps the jury f 
Cryer. There is an officer sworn. 

Then the Jury withdrew to consider of their 
verdict, and about a quarter of an hour after 
returned. 

CL of Ar. Gentlemen^ answer to your 

names, John Caine? 

Mr. Caine, Here. (And so of the rest,) 

CL of Ar. Are you all agreed of your ver- 
dict?— Jury. Yes. 

CLqfAr, Who shall say for you ? 

Jury. Foreman. 

C/. ofAr. Charles Cranbume, hold up thy 
hand, (which he did). Look upon the priisoner; 
how say ye, is he guilty of the higii- treason 
whereof he stands indicted, or not guilty ? 

Foreman. Guilty. 

CL of Ar. What good* or chattels, lands or 
tenements, had he at the time of tlie treason 
committed, or at any time since ? 

F&rcman. None, to our knowledge. 

CL of Ar, Then hearken lo ymw verdict a» 
the court hath recorded it. Yon say that 
Charles Cranburne is tyuilty of the high -treason 
whereof he stands indicted, but that he had n'^ 
goods, chattels, lands, or tenements, at the 
time of tbe high -treason committetl, or at any 
time since, lo your knowledge, and so you say 
all— Jury. Yes, 

Mr. Caine. My lord, tlie jui^ humhly de- 
sire« they may be discharg^ irom their at- 
tendance to-morrow. 

X. C J, We cannot do it, unless the jury 
be full without them ; if you come early, we 
shall dispatch you presently. 

Then the Prisoner was taken from the bar, 
and tbe Court adjourned till aeven oVtock ttie 

next morniDg, 



S WILLIAM IIL 



! Trial qf Robert Lm/alch^ 



588- The Trial of Robeht Lowjck, for High Treason : S Willuj 

IIL A. D. 1696/ 



April ^t, 1696. 

1 HIS day ihe justices «f Oyer and Terminer 
hotden for ttie coiiniy of ^Itdille^ex, mtt, and 
tHe court was resunud by pro c tarnation in usual 
form. 

Cltrk of the Arrmgnments, Keeper of Ne\v- 
fl[«le, vet Robert Lowjck to the bar, (wbicli was 
done). You the pn«oner at tbr bar, R»bert Txi- 
wick, those men that ^uu shall hear ealied 
and personi^lty a|»pear, are to jiass between our 
sovereiffD lord the kintif aud vou, upon trial of 
your life tind death ; if thtTeforc you will chal* 
lengethetn, or any of them^ your time Is to 
«|>ealc nnto thetn as they Come to the book to 
be sworn, atid before they be sworn. 

'Mr. Mompesson, If your lordship pleases to 
favour me with one word For the i^nsoner at the 
bar, I shall not trouble your lordship with any 
Uiin^ that was ut^ed 6y the qfenttenten that 
were of counsel j^esterday, but 1 sliall rely 
upon fiomeihing that has not yet been s^xtkeii 
to. My lord, they have not laid any time or 
place whei'e the consent or a^eement was, for 
the forty men that were to set upon the king 
and his guards: there is a time laid before 
where they met and discoursed of the wayi 
and means how to assassinate and kill the king^ ; 
iHit when it comet to the ' Assenserunt, eon- 
* sfifiMrunt^ et agreavenitit,* with submission, 
this being* another act^ there ought (o be ano* 
tber time and place laid, and for that 1 shall 
eite your lordship two or three cases j for men 
may meet and propose, and dt&course, and con- 
»ult of such things J ihonj^h they he very ill 
things, and yet that may not be treason. It is 
the a^rreement that is the treason^ and so it was 
hell I in t^aotaiu Bl aqua's Case about taking the 
Tower. They may meet at one time and place, 
and at another time and plflce they may agree, 
in Dyer, 6B H. nnd 09 PL 93. i man was in- 
dicted for murder. That he at sucb a place in 
and upon the pers«jn that wa» muj*dered, ^ in- 
^ gnltum fecit, it iphum,' the person that was 
murde«;d, * cum qiiodrtm cu!le!lo,' of such a 
price, ' percussit ;' and be does not shew the 
place where he struck hini, nor had the indict- 
ment the words » ^ ad tunc ei ibidem/ and there* 
fore the court h^ld it void : so it is likewise 
ruled in Goodi ick*s Cast-, Hell. 35 el 1 19, and 
therefore in indictments for murder, since they 
geoeraMy set (brth not only the time and place 
of the assault, hot likewise of the blow ; so 
likewise in thmirs of a more interior natures as 
reacucs returned by the isherill', ilirU the Capias 
waa served, but does not shew wfiere the rescue 
waa; or tbou^^h be j^hewg where the arrest 
was, and an * et' coupled the rescue to it. yet it 
was adjudged an ill return. Dyer 69, PI. 59, 




10 Edw. 4. 15Fit«. Ret. Vice. 3^' Bro 
Det. Bre. 97» and Error 193. Palm 56 
ill N'oy IH, there are tUe-e words, '' 
was tnoveil in discharge of rescue, ( 
was, that they, vi^. A. B. aforesaid, i 
' ad tunc et ibidem vulneravemnt,' 
the aforesaid George, &c, ' Iic^4-.*.^*«. 
without *■ ad tunc et ibidem,' re^Serred 
tiie ♦ rulneraveiiint/ and not to tlie * n 
' runt,* and theretoi-e the return was ailjo 
insnfficient; for, my lord, aUhon;;h in 
Teyaticea. a clause or word in the beginoj 
end may refer to the whole, yet in ind id 
every sentence must he certain, plain, and 
press, and have its own time and niace : 
fore in Noy's Rep. 122f Uaymond wasi 
for slopping a cross- way leading from a 
vilie called Stoake, into a ville cal' ' ^' 
the county of Dorset, and the » 
quashed, because in the * county ui L/«rsei 
refer only to JMtflton, and not to both: 
indictment of forceable entiy into a mej 

* existens liberutn lenementum* of J. S. 
good for want of the words * i^d tunc,* 
the participle * existens* does strongly 
that it was his hoti»e at that time, 3 Cro. 
Het. 73. Noy, ISl. Palm. 426. Bridg. sg 
3 Cro, 214, et 610. Sid. 10*2. Lat. 109, Ac- 
And my lord Coke tells tis in Calvin's C 
5 B, that indictments of treason, of all othi 
are the most curiously and certainly iud 
and penned; and all those that I have 

-and obMTved, have contained more cei 
liian the indictment now before your Ui 
In Reginald Tucker^s Case, the iudii 
wan, That he and Thomas Place a pud 
water. In Com. Somersett. piiediet 
saver nut, to kill and denose the king, ^c, 
to bring their treasouniole purpos«!is to 
tliey the said Begin aid Tucker ai»d Tl 
Place, the same day aud year, at Brid^ 
albresaid, in the county uforesaitl, againi 
king, with a great multitude of peopk% ar 
in a warUke manner, viz. with swords, 

* seipsos illicile et proditorie insiund ail tunc 

* ibidem congregaverunt et astern blaverunt 

* Ifuerram puljlicam conlru dictum Domini 

* Begem upud Bridgwater pried ict. in Cotn. 
^ prfedict. dicto vicesimo Die Junii Anuo pritoo 

* supradiclo proditorie pamvprunt, ordinaverunt 
*■ et levaverunt.^ 8o in the indictment of Gati 
ns it is set forth at large in a plea in t»ar oj 
Dower, brought by his wife, he uith force 
arms, *■ apud villam de Ware,' ike. assembleil 
with a great many pefNons, •* et helium cnrdele 
' contra dictam Donniiaiu Beginam apuil VVare^ 
*■ pnedict. ad tunc fals^i el proditorie puhlicavil 

* et levavit, ac insuper ad tunc et ibidem falso el 

* proditorie,* proclaifUfd the duke of Nnrthttm^ 
bertand, to be lieutenant-general of thtir forces} 

* et etiatM fal&o et proditorie apud Ware predict* 
4 



Jot High Treason* 

ir^' proclaimed the lady .^^an Dudley 
Tbis is in DiMidluwe*s Reports, piib- 
»y Serjeant Howe, fol. 55, placito91. 
p ear! of'Leic filer's Case, PInwd. Com. 
indidment is Inid much alu-r the same 
anti many otlicr indictments, which at 
f am uiivrlllin^ to trouble jour loniship 
111 this bcin^ one ot a new fonn and of 
impression, f hope j-our lordship will 
isufHcieiit. And, my lonl, when they 
Ty antI say, * £t quilibct eoruni prodi- 
per se suscepit esse unum,' there is no 
time alleged where th^it was done, 
necessity should be mentioned : for it 
taot rule*in our books, tliut what is is- 
ught to have a jdaoc where it may be 
v^w, this is issuable, and the most ma- 
\t^ in the indictment is, for compassing 
*» death. The overt-acts are. That 
ler Koit^htley the prisoner, and two 
d cousult to kill the king- ; and after- 
d agree how to do it, viz. hy forty 
, (^iionim these should be four, and 

* at thein did agree to be one ; then 
> other overt-act of providing arms for 
lotr suppose they should not prove 
Yiz. the providing arms; then, my 
' must resort to one of the other overt- 
thej»e four did consult and agree to 
ing ; or that these four did agree the 
ow to do it, as is laid in the indict- 
ri it \ft plain they must foil of proof of 
:hese ; for by the not prosecuting any 
; name of Christopher Knightley, but 
\ a r.ew inflictment against one Alex- 
ishtlf-y, it appears that Christopher 
p was not there ; and the proving thrse 
PTs making a consult ami agreement, 
•riiijt' (if the same overt- act tliat is laid 
Sctmenf, as it ought to be by the late 
as tlicy can prove that a consult of 
consult of four: and if it be answer- 

t is allfj^eil, that * Quilibct conim su- 
Q^cepit,' then will that come to be is- 
nd tlie most material part uf the in- 
; and consequently a place ought to 
1 laid where it should be tried ; tbis, 
is a distinct sentence of itself, it is in 
k>is. and though you take it away, 
of what remains is perfect and intirc ; 
pqnently tbis sentence is or should be 
tscif, and therefore ought certainly to 
shI. Besides, if your loniship pleases, 
losititely laid, what these persons se- 
nd prtmik to be, there is indeed uien- 
le before of forty horsemen, agreed 
!»et u[»on the king, thru comes the 
-i*, ' Quorum iidcm Chnstophorus 
Icy, Robertus liOivick, Ambrfjsiiis 
c«>d et Carolus Cranburne forciit »jna- 
l quililiet eoruin priMlitorie ^siiper se 
I esse ununi.* It is perhaps expressed 
o^'b by the word * Quorum,' that it 
^rd tbese should be four of the forty 
i; b*it there wants the repetition uf 

• Quorum,' to express what they se- 
Bg^g^ tu be ; and the word * ct* cau- 



A. D. 169G- 



[«70' 



not join and connect the sentence! : for « forent' 
anil » suscepit' differ not only in number, bat 
also in mood and tense, and the sense is not ne* 
cessarily coherent ; lor it might be true, that 
the majority of the company might agree these 
should be four, and yet they themselves might 
not severally engage therein, and one or some 
of them might undertake it, and yet the com- 
pany not agree to it ; and it cannot be mended 
ny intendment. There was Vaux's Case, in 
the 4 Rop. 44 ; he was indicted for murder, for 

fiersuading a man to take Cautharides ; it was 
aid. That he ' persuadebat eundem Nicholaum 
■ * recipere et btbcre qucndam potum raixtuni 
' cum quodam veneno vocat. Cantbarides ;* 
and the indictment says, * Quod pnsdictns Ni- 
' cholauf nesciens preedictum potum cun Ve- 

* neno pncdicto fore intoxicatum, sed Mem ad- 

* hibens dicta; pcrsuasioni Willieimi rec epit et 

* bibit ;' but docs not say, * venenum pricdic- 
' turn,' but yet it adds, *Per quod pnedictus Ni~ 
' cholaus immediate prist rec^ptionem veneai 
' pnedicti' Ianguishe<l and died; here, one 
would think, was a sufficient implication, that 
he took and drank the |ioison ; but it was ruled, 
that none of these words were sufficient to 
maintain the indictment ; for the matter of the 
indictment ought to be plain, e^ess, and cer- 
tain, and shall not be maintained by argument 
or implication, and therefore for want of those 
words the indictment was held insufficient, and 
the man again indicted for that offence; and 
there seems much more incertainty in this in- 
dictment, and therefore I humbly prayyonr 
lordship that it may lie quashed. 

Sir B. ShoTcer. ^Iy lord, we think the ob- 
jection is lully put, and therefore we desire to 
have their answer to it. 

. Alt, Gat. (sir Thomas Trevor). We think, 
ray lord, this objection will receive a vtry plain 
answer. The indictment sets forth, That at 
such a pbre the prisoner at the bar did ima- 
gine anil compass the death of the king : there 
is a parliculur case \^ here the imagining was, 
and that they, to accomplish that treason, in 
compassim^ and iin-«o|ining the d«*ath of the 
king, did, among others, * po&tea cisdem <Ke et 

* anno apud parochiam prtRdictam,' meet and 
consult, &c. so there is the same place set 
forth again, wherein they fljd meet and consult 
of the ways and means, und time and place, 
when, where, and how to assassinate the king: 
and immediately it follows, * et consenserunt ef 

* agreaverunt,' &c. that forty men, whereof' 
they were to be four, and every one of them 
undertook to be one, should do so and so. Now, 
my lord, say they, it is not said that the agree- 
ment that there should be farty men to do if, 
was at the same time and place where they 
did meet and consult abo:it the ways and means : 
but, my lord, with submission, '\{U very plain, 
that the agreement for forty n»en, and the par- 
ticular agreement for them to l>e of the num- 
ber, is but the effrct of the coasuitation that is 
mentioned just before: for it is said, they con- 
sulted how they should do it, and they agreed 
to do it in this manner ; tlie particular manner 



I 

I 



I 

I 



fri] 8 WILLIAM in. 

h set farth imme^liately after that, it b said 
ihev diU consult of the manner ; so that, my 
lorJ^ It IS part of the lormer sentence ; a parti- 
GutarrEioa^ of what thpy did a^-ee upon at thai 
Consultatfon ; hut it h no distinct overt-act: if 
it had bi^n a distinct overt-act, then the cases 
that hai-i? Iieen cited by »be counsel, do *hewr, 
that there should he a particular time and place 
Ijieutioned for every overt-act ; but this is only 
a part of that overtact that was mentioned 
geni^rall y before : thin tells you purticularly 
what the means were they did ajfree upon, and 
the spDteiice is ool compkte till yuu have gone 
o?er this; so that, my lord, with suhoiission, it 
had h<jeD very improfier when they agreetl at 
such a time and place, of the means and ways 
how it should be effectet!, then to set forth that 
it wan at the same time and place where they 
did consult of the way^t and means, that cannot 
be proper ; for it in not laid at tirst, that there 
was any particular way ]>rofK>Bed, hut ordy in 
^Oeral, they coiisulteff of the ways and tneans; 
therefore, my lord, all this that Mr. !\1ompesson 
has said, wilt not be pertinent to this case, it is 
impossible to htive been otherw ise ; it is hut a 
part of the sentence ; and it is not complete till 
you have gone over the several particulars: as 
to the Case of a * Rescous/ that is, the offence 
upon which the matter is to be grounded ; the i 
^ Verheravit* and * Vulnerarit* are not the res- 
cuing^; but where there is not one sentence 
complete, till you come to the end of these 
wonls, there it must he all taken together ; so 
it is here, they consulted nfth? way, and agreed 
this to be the way, which they set forth in par- 
tjcubr : it is joined to the former part of the 
sentence, and the whole is aot complete with- 
out it< 

Sol. Gen, (sir John Hawles) With sub- 
missiou, my lord, it cannot he otherwise, nor 
can they make it sense otherwise. 

L, C, J. (sir John Holt), They say you 
might and should have put in, * ad tunc et 
* ihtdem.' 

tSaL Gen^ With suhnusaton^ my kird, f say it 
cannot be repeateil aguiu : indeed, if you would 
make it like the case, as Mr. Mompesson would 
liare it, that forty men did agree to it, and 
forty men did it, it were necestaiy to name 
time and pbce, as it is in the case of murder : 
that he did agree to murder htm, and after- 
wards knocked him on the head, there you 
tliall lay time and place where he agreed, and 
where he did the act, for there is an act done ; 
hut in this ca^e there is uo act done, but only 
an agreement that forty should do it, whereof 
these lour were to be part of the namher. Now, 
Ihey cry, you do not say what these fonr were 
to be for. Yea, we do: the forty were to do 
Mitch an act, and these were to be* four of that 
forty, and every one of them undertook to be 
one ; so that it cannot be expressed otherwise 
ihnn it is; for what they say of the indicl- 
ment's being not in the same form that other 
indictments are, that will be no argument at all ; 
for it does nut follow, that there must i)e one 
iacpressed form of an indictment -, of right there 



Trial of Robert Lcmck, 



[ST 



are divers forms of indictnieiitt, and all of 
good, because indictments are to he fi 
according to the particulal* cose, and they 
not put me iin instance of such a parttcuJ 
case as this. As to that of the mistake of tl 
name of Koightley, that UDCjuesiiunuhly can 
no oSJcctiou at all i for how does it appe^ 
the court, that this is against the same pena 
that was before indicted by the name of Cbrti 
topher? there may be another Chnstopher, f« 
aught they know : hut 1 will sup|»o*ie, tliat th 
consult Wits prAvcd not, as it h laid, that thef 
were to be four ; but only that they ware to IH 
three of them, it would be well enough agaitu 
the prisoner ut the bar, if he be proved t 
he one, 

Mr. Convert, First, we have here laid a tiin 
and place for the treasoa alleged in the iodid 
ment, and als^i for the two overt- a<;ts, hon 
when, and where it was to be done, 
providing of arras for it ; and lor this pi 
of the forty men, that they would have 
the *• ad tunc et ibidem^ to that^ is but part oi 
overt-act, which was before allegetl ; ti 
first overt -act mentioned, is the mi 
r;ousultiog, and tliere we lay both ti 
place ; that on such a day, and at such 
they did meet and consult of the way 
ner bow to do such an act : and then we 
tinue on the sentence^ by particularizing 
it WHS to be ejected ; that they did agre^f 
should be forty horsemen to do it, whereof 
were to l>e four: this is but a part of the or«i 
act, which is the consulting and agreeing upfl 
tlie ways and means; this particular mea 
agreed upon, being but the result and efieet 
the consultation before : so thai wc oon< 
there is no want of time or place upoti wliioli 
take issue uv tins case. 

Mr, Cowpcr. My lord, I think, with si 
mission^ there is nothing in their objection, j 
I take it to have received a full answer alread j 
yet I would ask one thing of the gentlemeo 
the other side, had the sentence run wi ' 
the words ' de iis modis et niediis/ Sec. wbi 
follow alter the word * consultavit,* and befoi 
the words * et agreavit;' in this manner, 
they did then and there traitorously tn 
pose, consttit, aiid agree, that forty ho 
or thereabouts^ with guns, and so forth, 
then tbei% had been any ct^lour to think it m 
oessary, that it should be laid in this maai 
That they did then and there traitorously 
and then and there traitorously pro^ 
then and there traitorously consult, 
then and there traitorousl)' agree : and 
then I would desire them to tell me why ' 
*• and there' is more necessary to one verb * 
^ agree,* than it is to all the rest, in sense 
common speaking. The only use of a 
junction copulative, is to derive the f<irce 
some words, in a seutenoe foregoing, down 
a sentence following, to avoid repetition : 
here, though after the consultation be 
many word* that ivkte to that mutter, by w 
of parenthesis ; yet the * ad tunc et ibidem* ai 
dees refer to all the verbs following, 





High Trea90tt4 

joined by the cODJtniclimi copulative ; it does 
fiOC ?arj Ibe case M all, the uniting in that pa- 
i«iillie«ifi ; il U autiwithstantlmg bui as one sen- 
l(niQ^: Mid the «upposuig tlirit the parfirlhesis 
' , makrs it very jtlala, there can be uo 
there wanted a repcliuoii of the 
Jem* t*j every tcHk 
ft. Wiih siibmissioo to your 
fl'^ment, there is no ftnsuer ramie 
ihjeetioii, I do a^ree, if tlii^rc Isad lietfi 
rtrbs, and no other vienls had inier- 
ttned, Ihjl an ' el' would have coupled alt to- 
mAt-v. jTivi' vuu need not have rej«eated * ad 
Bii m* to every otic: but here is a 

■t rerbs, that makes one complete 

r gsenlciice ; add if lht« ut' the furty men 
' lel\ t>ut, it had been a ^oud ^seDteocei that 
di4 propo^ and treat hour, where and 
th^t is a sentence of itself, the cooSult- 
treatin;^ of the wuys and means : 
lltey say« * and they did at^ree and a«- 
il forty should do it? now there is nu 
ity for the interpreting' of these words, 
llliey fthould ron^ult and ;igree at the saine 
riotl lime; there is no nec^&sity to eon* 
t agreement for the forty nicu with the 
>ttott ; they ini^Ut propose and consult 
i time &od place, and not agrt^, and after- 
•^ree at another time and place : it is 
«al« i^ieoificiition^ or, as they call tt, a specific 
ml of tbe consultation, Dor a necessary 

I «if it, !io as to make it necessary to join 
|i>^ibor; ihey might meet and consult 

ttooe lime and plaee, and at another time and 
fkofihey inigbt agree that forty ^tioitld do it; 
'i tkefefare when vou ^y at one lime and 
) thty did consult and propose, ami i\t\er- 
' I they did ag^ree ; it is not nt^cessarity im- 
it muDt be at the same time and 

I I «iid when it is not necessarily implied, 
' Ilk it necessary iu ijidictments, for cer- 

-sskc, to have * ad tunc et ibidem' in- 

Ir. Miifnpcsson, My lord, 3Tr, Solicitor Rays, 
> to other precedent^, that does not make 
ary that this should be like them ; and 
tl k *oo argument that it oujjlit to he so 
My lord Coke, in Calvin^s ease, tells 
bat Tl}* precedents the law is known, and 
' nX3 of treason are of all things the 
ly penned ; and it is comtnoti to 
iJrr the bw is so, because usually it is so in 
Ibe pTTcrd^-nts of indictments. Mr, Solicitor 
^p^ ■ ' % That there may be a Christopher 

^Ki ^ides an Alexander ; but I cannot 

^p» thai Mir an answer to the exoeptioti I urge, 
^■kb b the want gf * ad tum^ et ibidem^ at the 
^^onitit aod the ' Quiltbet; for the ' Qruilibet' 
fmy eocne to be in question as the most mate- 
ritlpart of the indictment, h«?cause tbe ag^ree- 
iDeatof the four upon the meeting of the four 
illfged as an ort^rt-act. Now, with snh- 
Mon, they iiui^t [trove the assembly of tbe 
' t four, or they do uol prove ibe overt- act 
' ' laid ; then as to the ^ Quilibet sus-* 
^ which is the iDoit'ra«Xerial ptkit^ it has 
^ tior pUce. 
[>0^ Uil 



A. D. 1696- [97*'J 

Jtt* Gen, No sure : we do not need to prove 
all four, for it is a distinct offence in eat h, and \ 
if any one undertook, it is well enou;^h aguinst 
him : and fur the lime and pbt^ we tell you ifr d 
is part of the former aenteuce, and makes hul j 
an i til ire one. 

3tr. Momptsion^ As for the residue of th^ \ 
vcrtxif tf ihey had Ireen omitted, it had been < 
good sHise \ hut this is a perfect intire 5^entenca| 
<dltself, when it tells you what they coii'4idte4 
and treated of, as in the Ca^ of the Rescud4 
that I put; if il had stoppcfd there, il 
been a troud sentence without the *■ Vulnera- 

* verunt/ 

Alt, Gtn. The ^ Rescous* is the offeuce 
that ca^e^ the other is diAiinct : but here, lit ■ 
this case^ oiithiug can he plainer than that atlj 
IS one act» as we have laid it, That at such ft)i 
time and place tbey did consult and trtat of the j 
ways and means; but then there i« no agree- 
ment mentioned till after we have said tbey did 
cousult of the ways and means, and did agre 
that this »hoidd W the way : thus is certainly] 
one eutire sentence that shews what the i _ 
ment w a^ upon the consultation as the resoll 
of it. 

Mr* Cowper. As to what sir Bartholome\r-^ 
Shower says. That we ought to repeat the ' ad J 

* tunc et ibidem,* unless the seiiKe ot the \TQrd#J 
implies a necessity that the consultation amiJ 
the agreement should be at one time and placesd 
My lord, there can be nothing in that, for tt^ 
does not arise from the necessity of the thin|p* 
one way or the oilier j hut we take it as a& in- 
tire sentence , and that the whole matter is suffi«^ 
cicntly cofinecied, and laid to one time andi 
place, thou;rh It might be divided, it must hmJ 
taken, as atlegedj to be one intire fact, or elsaj 
it recurs to the same objection, that * ad tunc 

* et ibideui' most as wefi be put to every verbj 
fnt it IS possible they might propose at one tirai 
and place, and consult at another, and deb 
at another as well as agree ut another : so tha^ J 
noihiiig is to be argued from the necesaity ofi 
the thing more in one case than tlie other ; for f 
one man tuighl propose it in one place, and th# ] 
rest might , then shake their heads at it; andj 
then they might again meet and constdt at ] 
another place, and afterwards agree at a third 1 1 
but when it is said ' then and there' they didV 
meet, consult, and agree, it cannot l>e under- 
stood but tliat the Agreement wtu at the sam«^ 
lime and pbce with the meeting and consult. 

Sir B. Shower, But this can be no answeff. j 
that Mr. Cowper gives now, for proposing, and^ 
I consulting, and treating, and debating, are allJ 
of the same signiticatioQ ; for one man^s pro- 
posing to another, und the other*s proposing IqI 
him, is consulting, treciting, and delmtii:ig ; bnl'j 
now coQsultiag and agreeing are diHeren ^ 
things. 

Mr. Cowper. So is proposing and consult- 
ing : one may propose : but there must be i 
least two to consult ; tliere is thai nice {Jiffer^ 
^ ence between them. 

Sir B, Shower. Epery ooc roust «|pnee foj 
hbtiseU; and that mu«t be certainly l£d wii' 



»T6J S WILLIAM UU 

time and nface, let the prb^^osul and consulta- 
tion be what jt wilf. 

/.. C. J. Mr. IVfompessofi [mis that Case in 
Dyer upon an indictment of murder. That oti 
auch a day, and at such a place,* the party 
nnade an assautt upon the persons slain, * el 

* percuisit;* but dnes not say, * Et ad tunc et 

* ihidem percu^sit,* and for not aJJegmg lUat, 
the indicltnent' was held iiong^ht. 

Alt, Oev. My lord, that is a different case 
from this, because ' insuhnm fecit,' and the 

* percuss it,' are different crimes ; there is« a 
great difference between an aasault and a 
atruke ; hut here it is^ That they did prop<j«e 
■nd considt of the ways and means, and agreed 
upn this particular way *, that is the same 
thinfj; it is not an enlire sentence till y<in come 
to the end of it, then it is complete wh^n you 
ahew tvf)ut was the effect of the consultation; 
whnt I hey were agree*! Uj»ou, and not tiU then. 

Mr. Miffnpeiioii^ A roan's hohKou up his 
hand is an assault, but he luuat actiially strike 
In be guilty of murder: so a man may debate, 
and yel not agree : it ti the agreement that ts 
the Irc^i^on. 

L. C. J- Bead the Indictment, 

Cf, of Ar. * Decimo di*? Fcbruarii anno 

* Regni dicti Donuni He^is nunc septimo, et 

* diversis uliis diebus et vicibnt , tani antea qufem 

* postCii, apud Faruchiam Suncti Panii Covetit- 
•^ Garden, prftnlict/ in Comitotu pra^dict', fals^ 
' waliti'-' ' ' tiei^, pfoditoii^, compassare- 

* runl, iji r machinati fuerunt, e3cco|fi- 

* tavcruijk. *it:-i-iiaveruDtetintendebant dictum 
' Bomitmtn Reg-era nunc occidere, inter ticcre, 
*" et Tuurtlrarei et atra^em miserablleni inter 

* fiiletcs subililos ipsius Domini Ilcgis per totntn 
' hoc Uegnum Anjjlioe facere, et causare, et ad 
*• easdem uefandigsimaa, Deqaissimas ct diaho- 

* licos prtiditiones at proditorius compassationfs, 

* niachinAiioneiJ, et proposita sua pnedicta f»e- 

* rtuipleiit1*j perficiend*, et ad effectiim redigend* 
' ipsi iidem Christophorus Knigbtley, Roberlus 

* No inilictn^ent (as to the dirersity in im- 
peach mentis, see in this Collection the Cds« of 
fold IVinloiui, a. d. 1716) can be good with- 
out precisely .shewing a certain day and year 
of Ine facts altr^cd in it, 8ee Leach*i Hawk, 
PL Cr. b, 2, c, 25, s, 77, 7$, and the authu- 
rities there citeiL See^ also, lord Kenyon^s 
judgement in the King against fTollandp 5 Term, 
Rep. 624, G?5. But it is sufficienl in an in- 
dictment for treason, as in other cases, that a 
lime be laid before the finding' of the bdi under 
which may be proved any acts commilled be- 
fore the finding of the bill: and as to place in 
canes of treason within the realm, it is sufficient 
thatan overt-act be proved in thccnuniy where 
ttie indictment is laid und the trial had. See 
in this Collection the Casc^ of Charnock, vol. 
12, p. 11*78; anJofh»rd riulraerino, a. D* J745, 
East's FNeas of the Cn>un, chap. 2, sect, 60, 
6J, and the authorities there cued; and for 
mure, IIS to ihe place where tteasons com- 
Qittted abroad or at home, sUull be tried| see 
$ecU iO, 41, of ihe&uuie chapter. 



TfM ofRoigrt Lowic^t 



[J 



* Lowick, Ambrosius Rookwood ct Car* * 
^ burne, et quam plurimi alii falsi pr<Kbli 

* (Jyraior' prtedictis ig^nof i) pottea, 

* eodem decmio die Februarii anno sup 

* apud Pan»chiam unedictam in Com* pr 
*■ dieto, ac div ersis alii$i diehus et vicibua^ tan 

* an tea quam postea, ibidem et ahbi io ( 

* Com\ fals^, inatiiio^^, adv tsAt^, clan 

* proditorid, ac vi et armis coii«eniebaiil, 
' posuer*, traciaver% cnnsuUaver', cons 

* et agreavei% ad ipsum Dominiim R«_ 

* nunc ex insidtis et dolo ptTcutiend*, An^lit 
^ * to assassinate,' interticiend^ et tnurdrumi^ < 

' ad e^ecrabilera, horrendam et detestabilem 

* Aasas!ii nation', AngUce *■ Aasassinaiion,' et lo-i 

* terfectionem ill* citius exequentr et perpe*] 

* Iramr postea scilicet etsdem die et anno, 

* di%ersis aliis diebus el vicibtis, npud Paroeh 

' pned* in Com' pnedicto, proditori^ tractav cr'l 

* ptoposuer* et contiultaver* de ?iis« modis m 

* mediis, ac tempore et loco nbi, quaudo, qtmil 
'liter et quoroodo dictum Dominuiu Re 
' sic ex ini^idiis tacilius tnterticerent, et 
' senser*, astrea^erunl et asseuser^ qu<id qui 

' dragint* liumine^ E«juestrea ant m drcitei 

* (quor' iidcm Christophorus K Ho- 
' bertns Lowiek, Ambrijsius Rn i Car* 

* Cranburtie forcnt quatuor, {vi qiuiibct eot' 

* proditorie super se suscepit esse unum) cu 

* bomhardiSf aclopis et scJopetis, ptikere I 
' bardico el globulis plumbeis onerat% et ( 

* e lad lis J en si bus et aliis armis armat^ instdia 

* forent, et cssent in subsessu, Angiice * ia 

* * ambiuh,* ad eundein Doroinura Reg em 

* Rheda sua, An^licc * hb coach,' exislenF 

* quando foris iret invadeiid% C^uodque qu 
' dam et competens numerua de hominibus dij 
' sicarmat' in satellites, Angiice 'the guar 
' ipsius Domini Regis eum tunc attendend' i 

* secum existen' aggressi forent, et eoi i 
*■ uarent et devincerent, dum alii eorundem 1 
^ minum sic armat' ipsum Dnmtmim Re 

* percuterenti inierticerent, occidereot et i 

* drarent.' 

Mr, Mompeison. The consnlt is like the ti 
sault, and the a^eemcnt is Hke the Ktroke. 

L, C.J. Trcotf. Jl is a nice ca&e 
would have itj but 1 tliink it is very nutu 
the king^s counsel put it at iii^st ; they j 
c{insuhation of the ways and meant 
fihoutd be done, and then they condod 
thii!> it sJiatl be done : all whicli makes I 
iiiUre thitjg. 

L. V, J. They say they met that da 
Paul Covent "^arden, that is in ihe in 
and did consult how to kill the king ; 
consented and agreetl among themselv 
it sliould he done in this manner : doth not tiki 
refer to both time and place in the beginning j 
It is a coiitinuiug on of (he satne sentence, i 
makes all but one and the tame act; it it 1 
result of the consultation at that tiiue 
place. 

8ir B. Shmt'^r, But, my lord, it might bei 
another place : they might considt at on 
place, and conclude at another. 

Mt, Cont/crt. But it is laid to b« al the i 



irf] 



ftxr High Trdoitm. 



pUoe, for no otlier |»lt€e does appear, «nd it k 
•Bft conttDueii sentence. 

L^ C. J^ Triffty. You would make the repe- 
litidfi e€i frequeat and reiter^iud, llitt it would 
became ab«urd* 
Ait. Gen, Indeed 1 do not know wbat tdese 
I would bate* 
. Slower. We wouM ha?e ihisindict- 
aJI otbers «i^, the precL-deitts are as 
, and we hope i\m shall pui-sue them, or 
i <|i]ashed. 

L. C, J. Look ve here, m Bartholome^v 
^ower ; suppose this part ftbould licit he right » 
that will DOt viiiate the whole indictment. 

^Mamputtm* Bui your lonbhtp will not 
k to ^ife evidence of that part that 





C. /. Vea. yea ; it eomes wUhiii tiic fi rst 
( of the time aotJ place laid ; Ihey nay 
fift evidence of it, because this is hiU a setting 
fMtb for the maoDer agreed U{>on for the exe- 
«BlMi of the deai|f that wan before consulted 
iai treated of; it is com preh ended in the 
ftmtr ward»; and ii' they had omitted thia 
ait «f the iiidictfuentf the indictaient had never 
fceeo the worse; there had been a t>uffieicnt 
onrt-act alleg^ to prore the eonapas<iiug and 
iaa^iiito^ the death of the king^ ; for if people 
at such a place and tiKie meet and propose 
tie way and means how to effect it, do you 
think the indietmest would not he goo<l enoutj^h 
%tfbout lading the particular means a^reeti 
upon f Certainly it hid been well enoug-I) if 
ikia had l»een omitted. Do you think they 
wmwA gire this in evidence as a proof of the 
4nrt-act f Certainly they may. 
^ JL Skofmer. The question will be, my 
apou the whole. Whether the con- 
I of the indictment * contra legiautrie suae 
m,* shall be taken distribu lively ta 
t f And if BO, then there ought to be 
plac« alleged to every f»cl- 

tSiip|K>se yoti lay several overt- 
ada, and prove but one, yet he is lo l>e fonnd 
fiilQf of the hi(^h- treason, which is the ima- 
gfiloff ood compiissin^ the death of the kiog^, 
Vik» ia the crime laid in the iudieiment ; theti 
I thia waalelt out of :J^ndJctment, they 
^♦e it in evidentie a.» a proof of the 
Sf«ft-act, that it is well hid for time and 
piaee ; and therefore though it be e^cprenKed, 
aad uoC ao fully and [tarlicularlv l^id, we cuo- 
DOt qoash the mdictmeM for it, Cjecau^ the in- 
diattpest would b^ve been gfiod, though that 
kadtweii omitted. * 

L. C. J. iVe/jy* Tbnt is certainly true, it is 
tocaase tor quufihiog the indictment. 

SoLGtn. The indicimenU Jtirainst the Ue- 
pfi dim f were fi^r compaMitJX the deuth of the 
taugt and they g^ve in evidence that he was 
pyilodealht iboctgh ihey churged in the in- 
vetaacoi, only the c^im passing and imagining 
Ika death of the king. 




* liiee East's Fleaii of the Crown, chap. ^» 
^46, aad Layer's Case as there cited, 
t tiaefol5, p. ^7. 



A. 0. lEm. [JT8 

Z, C* X Ay, sure, that is an orert act with 
a witness, the tndicUnent was not laid for mor- 
dering the king, but ior^mpaselhg bis death, 
wliidh is the treaaon accordukg to the act of 
partiameot of Sd £d^ d, and as an overt -act 
they gare the cutting o0*his head in eridence. 

Att. Gen* The indictnieni says, they eom- 
pastied and trnxigined the king^s dealh« atid 
they agreed to do it in this manner ; if thiji he 
not ail one inlire seateitce, I know not wtiat is. 

L. €. J. As to your case, Mr. Mompesson, 
which you quote out of Dyer, it is posaible a 
man way make an assault at one tune, and at 
another time make an assault and give a str<ike ; 
hut this is all one aet, it does hut specify what 
was generally consulted of and proposed. 

L. C, J. Treb^. Pray, do yon think a man 
may demur a poo a eommon action of battery, 
where it is said first, at such a time and p)ace, 

* Insultum fecit, verberavit, et vulneravit,' be* 
cause there is nut a place set to every word. 

Mr. M&fnp€*wn. lodtetments ought to be 
ret^ curiously penned, and what is good in an 
action will not be good in an indictment, with 
submission. 

L. C. J. Trehy, But suppose you shewed 
it for cause ujion special demur. 

Mr. Jifompesstm. My lord, 1 cannot tell what 
it would amount unto. 

X. C. J. Vou <:annot quash the iodtctment 
at this time ; that is not possible, because the 
indictment is good as to the rL*st, snppo&bg this 
was not so well as it might he- 
Mr. Momptuon. Then, my lord, 1 am in 
your lordship's judgment, whether they shall 
be admitted to give evidence in this particular 
thing? 

Xr. C. J. They may certainly give in ewU 
dence the agreement to have forty men to kill 
llie king, as a proof of the consultation, agree* 
ment, and couseot to kill the king ; and the 
consenting to have forty horsemen is in evi- 
ilenee of tneir treating, proposing, and consult- 
ing to kill the king,* 1 ben for yourobjeclion 
of * Uuilihet suaoeiiit* to be one; that is well 
enough, it is all still hut one sentence. 

Sir B. Shmver, One of which is it ? for they 
have not laid in the indictment what in, whe- 
tlier it be one of the four, or one ot ihc forty. 

Z, C J. Whether it Imj one of the four, or 
the forty, is not material ; for cannot one be 
fduod giulty, and the rest ttC4|uiited ? The one 
is not charged wi(h the act of the other, hut 
they are several od'ences, ar^ each must an- 
swer for himself. In all indictmem^, oflences 
artj several. Suppose an indictment of con- 
spiracy,and it i» laid in the indictment that four 
did conspire ; csnuot you profe that two coo- 
spired? no question you may. It is not cer* 
tainly necessary that every one should be proved 
lo hare conspired. Suppose it were alkged 
that four did beat a man, and dues not say 

* Unilihet eornm^ beat him, you may give in 
evidence that one did beat liitii. 

* See East's PleM of tlie Crown, c. % a, 57, 
53. See» abo^ in tbjs CoHecslJon, Yot, 5^ ^. 911 . 



§79] S WILLIAM HL 

Sir B. Shower. No qaeitioD of thai in caso l 
of a battery, but in the case of a conspiracj j 
there must be more than one. 

L C. J. Nay, I will ask you eren in an 
action nf conspiracy, where the very gist of the 
action is conspiring together, cannot two be 
found guilty, and the rest acquitted ? In riots 
there must be three or more. It may be you 
wUI lay ten, but it is sufficient, I hope, if you 
prove it upon anv three of them. 

Att. Gen. The difference is betwixt con- 
tracts and crimes ; for contracts they are joint, 
but crimes thev are in their own nature several. 

Sol. Gen, Besides, my lord, though they be 
out of time, yet this is not to tlie abatement of 
the indictment, but to the evidence ; how oo 
they know but we will give it in evidence that 
Christopher Knightley was one ? 

L. C. J. Treby. Mr. Mompesson moves it as 
a caveat against your ^ving it in evidence. 

Sir B. Shower. If m an outlawry against 
divers, they leave ont these words, * l4ec eorum 

* aliquis comparuit,' that is every day held to 
be nought, and for that reason we say, the 

* Quili&t eorum suscepit' is necesmry too, and 
without being laid cannot be given in evidence, 
and if it be laid, it ought to have time and 
place. 

L. C. J. Treby. The default of appearance 
must be a several thing, and when be lays it 
jointly * non comparuerunt,' it may be true 
that all did not appear, if any one made defaull ; 
but when you charge men with a iact done, 
though in the plural number, yet it is a distinct 
separate charge upon every one. 

CL ofAr, Robert Lowick, those men that 
thou shalt hear called, and personally appear, 
are to pass between our sovereign lord the kinj; 
and you, upon trial of your life and death ; if 
therefore you will challenge them, or any of 
them, your time is to sneak to them us they 
come to the book to he sworn, and before 
they be sworn. — George Ford. 

Lowick. I do not except a&rainst him. 

C/. oJ'Ar, Hold the book to Mr. Ford. 

Cryer. \jooV upon the prisumer. You kIiqII 
well and truly try, and true deliverance make 
between our sovereign lord the kint;, and the 
prisoner at the bar, whom you shall have iu 
charge, and a true verdict give according to 
your evidence. 80 help you God. 

CL ofAr. Thomas Trcuch. . 

Lowick. I ha\e nothing to say against him. 
(He was sworn.] 

CLrfAr. John Wolfe. 

Lowick. i do not except against him. [He 
was sworn.] 

CL ofAr. James Bodington. 

Lowick. I challenge him. 

CLofAr. John llaymoud. 

Lowick. I say nothing against him. [He 
was sworn.] 

CL ofAr, George Haw cs. 

Lowick. J do not except agaiust him. [He 
w^ sworn.] 

CL ofAr. Thomas Glover. 

Lowick. I challenge him. 



Trial of Robert Lowick^ 



[290 



CI. ofAr. Blatthew Bateman. 
Lowick. I do not except against him. [He 
was sworn.] 
CL ofAr. James Partherith. 
Lowick. i challenge him. 
CL of Ar. Joseph Blisset. 
Lowick. I challenge him. 
CL ofAr. Alexander Forth. 
Lowick. I challenge him. 
CLofAr. Francis Chapman. 
Lowick. I challenge him. 
CL ofAr. Nicholas Roberts. 
Lojfick. I challenge him. 
CL OfAr. Thomas Playsted. 
Lowick. 1 ch&ilenge him. 
. CLofAr. John Hall. 
Lowick, I challenge him. 
CL of Ar. W illiam Partridge. 
Lowick. I challenge him. 
CL of'Ar. Peter llevigne. 
Lowick. 1 challenge him. 
CL tfAr. Thomas Moody. 
Lowick. I challenge him. 
CL ofAr. Thomas Ramage. 
Lowick. I do not except against bim. [He 
was sworn.] 

CLofAr. Edward Towneseod. 
Lowick. 1 challenge him. 
CL ofAr. William Gunson. 
Lowick. 1 challenge him. 
CL if Ar. John Wyliome. (He did not ap- 
pear.) — William Strode. 
Lowick, 1 challenge him. 
CL ofAr, William Wild. 
Ixtwick. f do not except against him. [Ue 
was sworn.] 

CLofAr. William Pitts. 
Lowick. I do not except against him. [He 
was suoru.] 

CL if Ar, William Smith. 
lA'u'ick. I do not except against him. [He 
was sworn.] ^ 

CV. if Ar, Moses Cnok. 
Ixrwick. I challenge him. 
CL if Ar. Renjauiiu lioltby. 
Ijowick. 1 do nolAXcept against him. [He 
was sworn ] 

CLifuir. Elias Ffctoher. 
Loukk. I have notlif^g to say against bim. 
[He w;js sworn.] 

CLi^fAr. Cii<'r, countcz. George Ford. 
Cryrr. One, ^cc. 
CL ffAr. Elias liiettlier. 
Crytr, Twelve j^'ood men and true, stand 
tou;ellicr, aud hear y«Mirevi<lence. 

L. C J. Now tlic rest of the jury that bav«- 

j a})pL':ii*e(l are dischur;;;;eii. 

I CLofAr. CruT, make proclamatiou. 

I Crytr. Ovtz, If any one can inform my 

lonls, the kiny's justices ot Over and Terminer, 

the king's seinant, or ihe king's attorney- 

geiu-ral, hefoir this inquest be taken, of the 

hiiih Jioaou, 'hereof the prisoner at the bar 

blamis in licte t, let thecn ccue forth, and they 

shall b«^ iiea.il ; for now the prisoner stands at 

the bar u|M)n his deliverance, and all others tint 

are bound by recognizauce to give etidnce 



fw High Treason. 

m prisoner at the bar, let them come 
I give their evidence, or else they for- 
reco^izance. 

mes of the tweWe sworo are these : — 
Ford, Thomas Trench, John Wolfe, 
rmoDd, Geo. Hawes, Matthew Bate- 
lonas Rammage, William Wild, Wm. 
n. South, BcDJaminBoItby, and Elias 

Ar. Robert Lowick, hold up thy 
hicb he did). You that are sworn, 
Q the prisoner, and hearken to his 
le stands indicted by the name of Ro- 
ick, late of the parish of St Paul Co- 
len, in the county of Middlesex, gen- 
Ibr that he, together with Christopher 
y, late of the same parish and county, 
n; Ambrose Rookwood, late of tne 
irish and county, gentleman; and 
i^ranburne, late ot the same parish and 
eoman, not harinff the fear of God in 
rU nor weighing tne duty of their al- 
but being moved and seduced by the 
u of the devil, as false traitors against 
; serene, most illustrious, most mild, 
. excellent prince, our sovereign lord, 
the Third, by the grace of Gpd, of 
, Scotland, France and Ireland, king, 
of the faith, &c. their supreme, true 
tful, lawful, and undoubted lord, the 
rve, and true and due obedienccr fide- 
illegiance w hicb every subject of our 
the king that now is, towards him 
lord the king should and of right 
bear, withdrawing, and utterly to ez- 
, intentling and contriving, and with 
strength, purposing, designing and 
■^ the government of this kingdom of 
I, under him our said lord the kmg that 
oyr Tight, duly, happily, and very well 
ed, altogether to subvert, change and 
also the same our lord the king to death 
1 destruction to put and brincf, and his 
Nihjects, and the freemen of this king- 
Bogland' into intolerable and most mi- 
lls very to Lewis the French king to 
te and' f'nthnil, the 10th da^ of Fe- 
n the 7th year of the reign ot our said 
a lonl the King that now is, and divers 
ys and times, as well before as after, at 
lb of St. Paul Covent-garden aforesaid, 
xmnty aforesaid, falsely, maliciously, 
k, and traitorously, did compass, ima- 
I cootrive, parpose, design, intend, our 
I the king tbat now is, to kill, slay, and 
; and a miserable slaughter among the 
subjects of our said lord the king, 
lOirt this whole kio«;dom of England 
! and cause ; and the same their most 
impioat, and devilish treasons, and 
m compassiogs, cuntnvances and pur- 
iwtnid, to fulfil, perfect, and bring tu 
(key the said Christopher Knightley, 
liawick^ Ambrose Rookwood, ami 
iCiaobame* and very many other false 
It Ike jarOTsankiiown ; afterwasds, to 
» aae lOdi daj of February, in the 



A. D. 1696. [S8t 

year abovesaid, at the parish aforesaid, in the 
county aforesaid, and divers other days and 
times! as well before as after, tliere and else* 
where in the same county, falsely, maliciously, 
advisedly, secretly, and traitorously, and with 
force and arms, did meet together, propose, 
treat, consult, consent, and agree, him our said 
sovereign lord the king that now is, by lying 
in wait and wild, to assassinate, kill aira mur- 
der : and that execrable, horrid, and detestable 
assassination and killing the sooner to execute 
and perpetrate; afterwards, to wit, the same 
day and year, and divers other days and times, 
at the parish aforesaid, in. the county aforesaid, 
traitorously did treat, propose, and consult, of 
the ways, manner, and means, and the time 
and place, where, uhen, how, and in what 
manner, our said lord the king, so by lying in 
wait, the more easily they miirht kill, and did 
consent, as^ree, and assent, that forty horsemen, 
or thereabouts ; of whom the saitl Christopher 
Knightly, Roliert Lowick, Ambrofte Rook- 
wood, and Charles Craiil»iirne, should be four ; 
and every one of them traitorously took opon 
himself to be one, with guns, muskets, and pis- 
tols, loaden with gunpowder, and leaden bul- 
lets, and with swords, rapiers, and other arms 
armed, should lie in wait, and be in ambush, 
the same our lord the king in his coach being, 
when he should go abroad, to set u|M)n, and 
that a certain auti competent number of those 
men, so armed, should set upon the guards of 
him our said lord the king then attending on 
him, and being with him, and should tight with 
them, and overcome thf m, m hilst others of the 
same rnen so armed, him our said lord the king 
to assassinate, kill, slay, and murder ; and they 
the said Christoither Knightley, Robert Lo- 
wick, Ambrose Rookwood, and' Charles Cran- 
hurne, their treasons, and all their traitorous 
intentions, desi^^ns, and contrivances aforesaid, 
to execute, perpetrate, fulfil, and bring to ef- 
fect, afterwards, to wit, the aforesaid ioth day 
February, in the 7th year aforesaid, at the 
parish aforesaid, in the county abi»vesaid, divert 
norses, and very many arms, guns, pistols, ra- 
piers, and swords, and other wea|)ons, ammu- 
nition, and trarlike thint^s, and military instru- 
ments, falsely, maliciously, secretly, and trai- 
torously did obtain, buy, gather together, and 
procure, ami did cause to be bought, obtained, 
gathered together, and procured with that in- 
tent them in and about the detestable, horrid, 
and execrable assassination, killing, and murder 
of our said lord the king that now is, att afore- 
said, to use, employ, and bestow: and the 
same premisses the more safely and certainly 
to execute, do, and perpetrate, be the aforesaid 
Christopher Knightley, with one Edward King, 
late of high -treason, in contriving and con- 
spiring the death of our said lonl the king 
that now is, duly convicted and attainted, by 
the consent and assent of divers of the traitors 
and conspirators aforesaid, the. said lOfh dav 
of February, in the 7th year abovesaid, trai- 
torously did go, and come to the place pro- 
posed, where such intended atsatsinatkini kill- 




I 
I 



I 



I 



ins'i and murder of our bsuI lord ihe Icings, bjr 
lyma: in wait^ sbouUl be done, pejpetnited and 
committefi^ to t iew, &ee« and ooaefve ihe coq- 
Yeoiency aad Blncfs« ai'ihe same place for Euch 
lying in wait, assassination, and ktlling^, thcrt? 
to be done, perpetrat^^ and conitniiteii ; and 
tliat placet being m vieweU and oUnerfed, after- 
ward b« to wit, the isatDc da^ and \ear, \m ob- 
Starvations thereof tr> several of tiie »M traitors 
and couKpiratont did relate and impart, to wit, 
al ilie [»arish aforepaid, in the county afnre- 
«aid ; and the aforesaid Charle« Cranburne the 
came day and year there in order, tba isame 
execrable, horrid, and detestable asaa&iiuatmn 
fuitt kilKnf^ of our sairi lord tlie king-, by 
the traitors and conspirators aforesaid, the 
more readdy and hohWy to execute, perpetrat**, 
a.nd conuDit, advistjdly, knowing^ly, and traitor- 
ousJy did bear and cflny among divers of thuse 
traitors and conspiratorci forwards and back- 
wardi»| from some Co otbem of them, a list of 
the naroeji of divers men of those who were de- 
signed and appointed our said Inrd the king, so 
ftft aforesaid, by lying in wait, to kill and 
nunnrler> aptinst ihc duty of the allegiaiii'e nf 
ihein the »aid ChiTstopber Koigbttey, Robert 
Loi^ick, Anibruse [tuakwood, and Ci»nrles 
CrAohurne ; and against the peace of our fiaid 
uovcrcigu iord the kin^ thut now ts, bis crown 
and Oignity« iis ii\m against the form of the 
statute ill Hiicb case made and pruvided. Upon 
this indict ineui hi; has been arraigned ^ and 
tbereuiitij balli pleaded Not fiuilty, and for 
Ilia triai lintb put bituself npc^n Gird and the 
country I which country you are ; your charge 
is to inqtiire, Mbeiher he be guilty ot the 
high-trcn«on whereof he stands indicted, or not 
guilt)' : if yon find him tcuiliVi you are to en- 
quirt* what goo<la or chatty b, Undi4 or tene- 
uientij, he had iit the time uf the high tvea^on i 
committed, or at any time sinc^, to your know- ' 
ledjuft ifyou find iiint not guilty^ you are to I 
enquire whether he fled li>r it ; '»f you fmd he | 
fled for it, ^ou areta in if n ire of hi^ good<und 
chatteb, as if yon bad lound him guilty : if yuu i 
find him not guilty, and thai he did not Hy lor 
it» yuu are to say ao, and no more: aud'hear 
your evidciice. 

Mr MoHtUoguc, May It please your lord* 
ftbip, and yuu geut)ein«o of the jury ; this is 
an indictment of h»;;b treason a^iunst Itofiert 
IfOwick, jirisoner at the bar ; and ihe Indict- ' 
Dient does charge him with oompaf-^og and 
imaghiiog ihetieulh of thf% king, and eodea- 
vouruig to subvert the government, and iot>lave 
this kingdom of EogUnd, ami brin^ it under 
French lyriinny and ulavery j and toe Indict- 
ment seia forth that Roliert .Lowiok, the pri- 
soner at th« bar, tb« lt>ih of February, met 
several f<tlae traitor>i| and tht*re consnlled and 
treated how to assagai oate his Majesty i and 
agreed, that forty horsemen do get together, 
some to utt3i4 the fjfuards, while others were I 
to a.ssassinute the king iu his coach ; anti the I 
Indictment charges him likewise with getting 
tog«;ther horses and amis for this pQrp4lc« ; to 
tkia be bath plesuled Not Guilty. We wtU call 



our evidence, and pruve the lact ^;i 
and we do not doubt but you will db yc 

Att. Gen, May it please ytiur lotdsliip, ] 
you gentletnen that are sworn, this is a» 
dictmeut of high treason, in 
compassing tine death and deslruclioa ^ 
king ; the nature of our evidence m^k 
prifioner at the bar is this. 

Ymi will hear, gentlemen, by the wi( 
that about Christmas last a cou^spiracy i 
aiga was set oa foot to«9*ati&maie tb 
aod accordingly to accomplish it, th€ 
several persons sent orer from Franc^l 
late kiu^ Jauies, who were purt of hiii gua 
and particularly sir George tiarcley w^a toi 
thehe»d of them ; he was a lieutenant of 
guarils ttierc, uod he was sent over in i| 
Ust, and there were a great maoy tri 
over, who were to be under hi^ directio 
ticutarly Mr. linrriB, who will give you ^ 
count, that he was sent over by ortler of J 
James, und he waK tntd particularly kin|^J~ 
had a sfrvice far him to do in England,|^ 
hoped it might be an opportunity to t 
liHu. He was to observe tlie orders i 
Gcwge U a re ley, and by wl*at lokeu be i 
know hiai \ be was to meet him in 
garden, and he was told he might find I 
there Awict^ a- week in the square, akmt 
o'clock^ alter it was dark; and th^a he roij 
knnw him, he told him, he would hats 
»hit^ huodkercbief hanging out of hi« p( 
accordinj^ly Mr. Harris came over, and 
Hare came with bmi, and they catne j 
meet wjth sir George Barcley ; and (' 
getber with sir George Barcley, and 
others here in England, Mr. Porter, Mr. 
nock, and sir VVilliam Perkins, did enter i 
consultation how to etfect it : Thert- were t 
ral meotn>k:*i about it, and you Mill find the j 
soner at ihv bar was at several meetiiigsj 
purpo«)e : ,'ind tbey thd undertake a'inoit& 
to proviffe &o miiny men a* mi>>ht m:«ke! 
ttie number of forty, which they thoui^nt sui 
cient frirtlie execution of this dt^^ign. 

Gentlemen, you wdl hear th»t the 
at the b;ir did trent with several person 
engaged in it ; particularly about the i 
February! he Rent tc» one Bertram, 3 
him if he would be engaged iti a de 
king James *b service^ that woi quicklj^ 
executed, without asking of que^^ions | 
terwardii, I (hi&k, he undertook be weil 
about the Uth of February Ue 
again, and tliat was the day bei«ire 
lime they intended to attack the kiu|p^" 
then being so near the Uoie when it w» 
be executed, he thought it 'firoper t<i 
qii«kint him with tite thiug be btid eogagtd 1 
in ; and l>e ditl acquaint him, that the i 
inort]ing tbey uere to be ready to attack ( 
king and bi^ guards, and bid him be sure ^ 
get bis bofits and other ihrnj^ ready for T 
purpove, aikd ho gave him a guinea in < 
it Bertram, it iieems, ou the 15th of Fe 
did not cotue, and the king it seems did | 
abroad that day, so t^j were disapp 



L mcttr 



lltf tioie ; btit the 8iiad«y afler Bettraiti met 

tef an^ IBr. iiowtek eomplfttiied that he hud 

or upen the Sblur^j accordinjgr as he 

idertalceo ^ ^ttA he lifhl him it woiild have 

anilte ihin^, he would Imve disap* 

I lliem if the kint;^ had been in the field. 

.... , y(»u shitll 6iid, that as he thus 

Mr. Bertrani, so he was to (irovide 

others ; and did declare, that at his 

0m rharjre be liad jjoi two or three ; he com- 
of it as a hmrdship put upon him, thai 
l^tr. Harris had 6j. a- day sufatistence, 
md »*» only to take care of himself, he, Mr. 
iMPick, had at his own charges engaged and 
ITPYulet) serenl. 

Yoa viU fiod» gentlemen, that ^Ir, Rook* 

wiiod^ who was tried yesterday, had seversl 

Oicttrti^ about it with Mr. Lowick and Mr. 

Iltrris ; tbev did think it to be a barbarous 

tint ha w ever, they were reaolveil in 

id the {trjsoner in particulsip snid 

V orders, thouj^h he lb ought it a 

wvwickefi tiling, 

(SciHlemer}, yoii will 6nd by the evtdeDce 
Wthe matter was earned on ; the prisoner 
«ti 10 be engaged id it, and did not only em- 
l«rk Kinu^lf in (lerson, but engagjed others, and 
id trot with theiD about it. We 8hall cat! 
fvr witiiessei, who will ^ve you a fiilJ accoimt 
if il, aod then we shalt leave it wiih you, 
vbv we question not will do jusliee. First 
eyi GtfOfgis Harrfii* [Who appeared, and was 

SfL wn. Pray will you g^ive an account to 
ijlord siui the jury, whnt you know of the 
iMiDiM aansMoalion, and what part the pd- 
i^v At (ht^^ har had in it? 

n Begin from the first, and tell 

mr 1 J wlediye as y o u d i d y e^terday . 

Hirrt^. On the t4th ol January, new itile, 
I vwtfrdered to wait on ktngf Jatnea at din- 
orrj alter dinner waa over, I was called io, 
wfiere waa col. Parker and Mr. Hare at the 
ttone lime, and king^ James totd tne be was 
tCTj sensible of the g^od ser%nce 1 had done 
I ; lod now he had an opportuoity fif doing- 
hiog' for me : \ was to go into En gland, 
'■ to be subsisted, and I was to tbtlnw 
of sir f Jeorge liarrley ; the king 
should find air George Barcley iii 
^€ovait»gArden« with a wbite handkerchief 
"* ' g- out of his pocket, on Moudays and 
ay« between the hours of six and seven 
evening-^ and that was the sif^n I was to 
him by ; and he ordered me to jjo to Mr. 
Uiat IB secretary to the late <iueen, and 
j-ker went along with me, and he or- 
rtealewidores, and Mr, Hare as much, 
\ Mr. Caroll srave us ; and if that were 
ifficient, or if we were wind -bound at 
ii, we had orders to a^jply to the president 
if Calais to im fumi&ht^d with what we wanted ; 
Mordingly we went, and the wind not serv- 
tttf wbrn we came to Calais, we were forced 
lAitay there, and our charges were paid to our 
IttMUady by the president of Calais, according 

1l»tfaftoid«r we receired at St. Garmaios ; when 




the wind Rerveil fair we went on hoard, and 
oame to Rumney-marsh, to one Mr. Hunt'a 
bouse, and Irom ihetice be tumished us with a 
eoujdc of hones; and we Game the sandy way 
to one Mr. Tucker*s« and from thence to Mr, 
Cross's, and from thence to Gravesend^ atid 
from thence to London t we came up in tbt 
night- tide, and being late when we came is 
town, Sunday night, we lay at an inn at the 
lower end of Gracechurch-street ; the nejcl day 
we went to look for sir George Barcley, but 
not finding' him in Co vent-garden, according 
to what king Jamea told us, I admired at it ; 
but one Mr. Berkenhead meeting my comrade 
ih? next day, said, sir George mrcley desired 
to see us, and appointed ui to meet him, which 
wc did that uight; where sir George Barcley 
a^ked us how the king and queen, prince and 
princess did ; he told us at that time he had no 
money for us, but in a few days we should 
have mone^; ^^^^ accordingly he sent uh 
money. We bad five guineas, but it was at 
twice r two guineas at one time, and three at 
another, and this was for a month^s subsistence 
at fire shillings a -day, guineas going tben at 
thirty shillings. And afterwards when major 
Holmes delivered «he horse, upon Saturday the 
16th, we had another guinea, thai made up 
what we had to be six shillings a<day when 
we had horses, and five shillings a day when 
we hud none: and as tor Mr. Lowick, the Qml 
^ turd ay which was designed for the assassi- 
nation, 1 happened to he at Mr. Counter*s 
lodgtn^^s in Holbouru, a confectioner^s ; and 
there 1 see Mr. Lowick come in. 

IHr. Corny ert. Who l9dged there, pray^ 
Sir? 

Harrin. Sir George Barcley and Mr. Coun- 
ter had lo-ilgingfs there ^ and Mi*. Li>i« ick came 
in there, but 1 cannot ny be staid there any 
time, I lliink he went out presently at W wards, 
The next week I met Mi . f .owick in Red-Uon- 
fields, and discoursed with him there about 
this matter, and 1 told him what a harbarotis 
and inhuman thiuKf it was that we should be 
the murderers of the prince of Orange, and 
that it would render us odious to the world, 
and that we should be a continual reproach to 
oursehtfs ; he did agfree it was so: but in con* 
elusion, Mr, Lowick said he would obey orders, 
and he saiil sir Oe^irgc Barcleyi he was sure, 
would not do it without ordci-s. That day 
when we were walking out, we met sir Geoi^ 
Barcley aud major Holmcii riding in the high- 
way up toivardii Islington ^ and we spoke Ut 
him, f»r Mr. Lowick told me the thing was 
dim^overed, and bis name was given up, and 
other genllemen^s, and J think another; and 
BO he tokl me that one Harrison told him i>f it, 
and forewarned him that night from hiog lo 
his lodging ', and he tdd him that he believed 
it would uol be safe for tlit: rest tu lie in their 
lodgings, CM- to tl^t <i:£^ect. 

Aft. Gen, When he said be would obey 
orders, what was the discourse about? 

Harrii, We were talking of murdering the 
prittce of Orange : and not only that, but I da 



»73 



8 WILLIAM m. 



Trial qf Robert Lamei, 



[888 



belieTe that Mr. Lowid^ is so sensible that what 
I say is true, and he is a raan of so mnch oon- 
■cience and honour, that be will not ooAtradict 
any thingr that I affirro or ha? e said here. On 
Saturday the SSnd we dined at the Castle, a 
tavern or a cook's shop, at the end of Red-lion 
fltreet. I was much in a sweat, and he asked 
me what made noe so ? I told hini 1 bad been 

fttinff captain Rookwood's party ready ; and 
told him (laughing) that captain Rookwood 
said I should be bis aid du camp, and so I was 
getting the nteu together : savs be to roe. You 
may very well do it, for you have six sbilliDgs 
a-day, and I have nothing. Mr. Lowick, you 
know what I say to be true ; I know not why 
yon lift up your hands ; but you did tell me 1 
might very well do it, having six shillings a- 
day, and you bad nothing, and yet brought a 
couple of men at your own charge, and that 
their horses could not be discharg^ unless you 
went. Thes(^ were his words, my lord, or to 
this effect. 

Att. Gen. What do you mean by being dis- 
diarged? 

Harris, 1 mean this, that I believe lie paid 
for them ; and they were waiting at a house 
till he came. 

Mr. Conyert. Why were they to be dis- 
charged that day ? 

Harrii. The reason why they were to be 
discharged that day, was, because captain 
Rookwoo«l had told biro before, that the prince 
of Orange did not $ro out that day ; and tben^ 
fore we went together to walk towards Isling- 
ton. 

£. C. J. What day was that? 

Harris, Tlie second Saturday that it was to 
have been executed.- I was not a spy upon 
any matins actions : J cannot tell what they did 
any more than 1 tell you : I do not wrong 
yjo'u any way in the world, Sir, I am sure 
on it. 

L. C. J. When was it that you spoke with 
Mr. liowick about murdering the king ? 

Harris, It was Monday, Tuesday, Wednes- 
day, or Thursday, 1 cannot be exact to the 
day, but it was one of these days, after the. 
first Saturday ; 1 cannot be positive what the 
day was. 

L. C. J. Well, it was between i\\e> two 
days ? — Harris. Yrs, it wa.s. 

L. C, J. How did you know of that design 
of murdering the kinjSf '.' 

Harris. 1 was informed of it by captain 
Hookwood the lirst Saturday, and I met Mr. 
Lowick, and bad this discourse about it : and 
afterwards they infiMined me that Mr. De la 
Rue did not lie at his lodirinirs, and the thin;;: 
was discovered, and they believed that Rue 
had discovennl it : And 1 desire you will call 
Mr. De la Rue as to this matter; for 1 believe 
be will own it. 

Sol. Gen. How came you to trust him with 
such u discourse ? 

Harris. Because we met there at Counter's 
lodgings, and we had several times discourses 
of it 'y there was miyor Bernard and capt. 
3 



Rookwood besides, and I always declared 
against it as a barbarous and inhuman thing, 
not to be answered before God or man, and 
that we should be odious to all the world if the 
tiling were eiiectiid, as I believed it would not 
be. 1 would never shew my head af^ such a • 
thing. 

SoL Gen, Do you remember who began the 
discourse of this matter ? 

Harris. I cannot tell that. I cannot come 
to eveiT particular. 

Sir JB. Shower. You said just now, you appre- 
hended Mr. Lowick to be a man of conscieoce 
and honour ; pray what were his sentimeoti 
about it ? 

Harris. His sentiment was, that he would 
obey sir George Barcley's orders ; and he wai 
sure sir George Barcley would not do it wiUi- 
out orders. 

Sir B. Shower. Did not he declare it to be i 
barbarous desigpa f 

Harris. I cannot remember every particohr 
thing that he said ; for I am not a spy upon 
any man's actions. 

Loaick. When you were talking of that de- 
sign that you s|)eak of, pray, did I consent to 
aoY such thing? 

Harris. I tell you how far you consented ; 
you said you would obey sir Creorge Barcley's 
orders, and you was sure he would not du it 
without orders. 

Mr. Mompcsion. Diil you see any of sir 
George Barclay's orders ? 

Harris. No, 1 did not, I was to follow hii 
orders ; but what orders he had 1 cannot tell. 

Sol. Gen. What did sir George Barclay tell 
you you were to do ? 

Harris. Sir George Barclay declared, oa 
the first Saturday, that we were his Janizaries, 
and talked of attackimr and bringing awny the 
garter: I cannot say this gentleman nas by 
tlien ; and afterwards sir George Ban*]ay went 
out and returned, and came in again intn 
the room, and tieolarcd that we were nienut' 
honour, and that we were to attack the prince 
of Orange. 

Mr. Alompeasoii, Did sir George Barcley 
give the prisonii* at the bar any orders ? 
j Harris. 1 do not tell you he did. 

Mr. Mo?npcssy,n. You'say you met sir Georpe 
\ Barcley and major Holmes upon the road 
going to Islington : How do you know the 
1 prisoner was there ? 

Harris. Why, was not I with him ? I am 

very sorry to conie upon tliis account ; bat 

; you ki»ow it is trutli all that 1 saj' ; and L 

. am sure you aie sensible 1 do you no wrong : 

• He met sir George Barcley ajid major Holmes, 
, and be went down and .said something to sir 
, George Barcley iu the hiifbway, what it was I 
j do not know ; hut 1 stood, aud captain Rook- 

• wood and Mr. Bernard said something to him, 
■ which you very well know. 

I Att.'Gen. \Vhat was it ? 

' Harris, 1 cannot tell, Sir. 

I Att. Gen. We do not desire you to tell who! 

I you canuot tell : Is this all you know ? 




^ 



Jor High Treaiwi* 

BmrrU^ It is ftit «! (irrsent th&t I lecoltect. 
Sd, Gtn, TlicM pm^ sureur Mr. Bertram. 

[Wliicb was done. 

Mr. Confers, Piny will yoo (five an account 

t»uiy turd and ihe jury what you koow of ibis 

intrtiLic<t u^san^tDation, and bow tliV tbcf pri- 

smiiT wjii» concerned in it« 

hrrtram. ^\y lord, iibout the be^nnini; of 
FcLrnmry liLsl, mujor Lowjckeaiiie to tue, and 
AikiMj mt* if I Wiiutd c?3sp<Hii.ti a tbin^ with huu 
ikit inr^fhi Ix: tor tny advantage; I iold hirn 
thti 1 thoui^Kl J mig^ht espouse any ihiiig that 
lM}llioiit:^hi fil loengMife in. 
Mr Mompessan. Wiiom did yfvu tell so P 
E^itam, Major I jo wick: and he tolij me 
k iffS£ welL and desired ine lo ask nci inure 
; 1 did not ; btii it hl^ik tm to the I4th 
aary» niiiu he desired luc to Iw at tin 
At IS o'clock. 1 wus so iib'iut tbtit 
Ke was »ol within* and I ^ta\ ed till 
lit, and he took nw up into his chum- 
told me he 6thv'v#'d tliey should ride 
•ottie hi lie time ; and he told me lie he- 
the k*n;^ w*uj to b*? seized in his coach « 
g-ave we a jt^uiiiea to buy me necessaries* 
X. C. J. W hat nef.-esaanes ? 
Bertram. I cannot say he named any* 
JH. (Jen. But for what purpose were those 
liecesaaries ? 

Bertram, I do not know tliat he named any 
tiuo^f milr^cd. 

Ati. Oen. Well ; did he letl you when yoti 
mtrt to be ready ? 

Bertram. It you please to give me leave, I 
will tell you : lie de«ired me not to be out of 
tke way ; and the next mornint,' 1 was to meet 
ktm at ilie purl house iu Hart street. 1 did 
Ml meet biui ; ami the next time J saw him, 
1 am not positive whether it was the ne\t day 
the fiflc^entli when 1 was to meet hint iit 
reet, but did not 8o ; but the next time 
bim, be asked me why 1 did not meet 
cordtii;^ to Ins appointment ^ 1 told him, 
some reason fibril; aiid he noNwered iiie 
p^Q^ that be iMitieved^ it' tlie king had been 
n tbe field, I would have done the same ; but 
1 have not aeen biin^ sinee, till 1 saw him at 
tiiebar. 

O^'ii. Had you no discourse of horses 
were to pr>vide ? 
Ttram. 1 do not remember any particular 
thiik^ more than 1 have toUi you. 
< Au. Gen. Did be not tell you what the de* 
-1^ wa^ you were to go about ? 

Bertram, lie did not tell me of any other 
^angolhan as ! tell you, tor he believed I knew 
•fit; I thought so at least: The tirsi time I 
loew of ii wttN fmni IVlr. Cliaruock, 

C, X What did he tell you ivas the de* 
at you iiliould engage lu for your advau- 
Upon Friday the 14th, wheu he guve yoii 
({uioea f 

&riritm. He told me, he believed they 
ilMHild nde out very suddenly, and that the 
■^ WM to be seiseed in bis coach. 

L, C. J, Hid he tell you ivben the kiuj; wa« 
»ob< seized? 
VOL, XiiL 



A. D. 1696. 



[S 



the I 



k vo] 



Bertram. No, be did not tell me >vheti } but 
this was the 14th, the next tuOrnin^ 1 waa to 
inef't him at Hart- street, but did iiot. 

Sot. Gtn, Who did he tetl you^tht; Wmg wnt 
to be steiz^d by ! 
- Bertram. Uc did not nominate atiy otic else, , 
for he t^bli^ed me not to ask him questions, nor 
1 did oot. 

Sol. Gen. Did be nami himBelf to be con- 
cern ei I ? 

Bertram. He named himself so far as thai 
he believe*! he should ride out very suddenly. 

S^L Gett. Was it tlie tiitxi iDOi-Ditig, w the 
next day P 

BertratN, I caDQOt say that he Ditmed anj^ 
I i^uriicularlime. 
i All. Gen, Will they ask him &ny (jiies- 

lioiis? 

Sir U. Shower. No, I think we shall not. 
Mr, MiiUHtaguc. Pray, >Ir. Bertram, will 
you answer me one quoHtion, UMiat did he sav 
to you when be checked you lor not comin^f 
aecordinvf to his appointu;ent? 

h*rtram. I took it as a kind of a check : he 
told ine, that if thp kmg had been in the fields 
be believed I would have done ihe same. 

SSir B. Shower. There is one thing we must 
a little ejcamine this gpnileii>ait to : were tvot 
you under a necessity before that tiu»e tliut he 
g;ave you the gfuinea ? Pray wljat conditiou 
were you in ? 

Bertram, Under necessity. Sir I I was never 
very plentiful of moirey of laie. 

Sir B. S/ttmer. Did he never give you m 
guinea or two l^efore iu charity, and out of 
I Lomim-ssion to your necessities? 

Bertram. lie has i^veu tfle money several 
I times befere : and I believe if I uottld haie 
I asked bijn for any money ^ he would have 
I giveu it me, 

Jtt. Gen. IV as this money given you for 
charily, or for any other, and vv hat pur[H>se f 
I Bertrar/h 1 did nut ask liim for uay thing ; 
but he gnve it me, uud said, tiierc is a y:uitiea ta 
buy yon ueces«iiries. 
I Att. Gen. What was the discourse before 
] that ? 

I Bertram. I told you, he said, he believ«d 
they were to riile out f ery sjiiddeuiy, and he 
believed ihe kioi;^ wtim to be seized in hiscoach^ 
> and he tlesired me not to He out of the way* 
I Mr. Coil per. And A%hen h« gave you the 
' guinea to buy yt^u necessaries, was it Jiumo- 
I diaiely after ihh dis^coui'Se / 
I Bertram. Sir, it was at the same time. 
! iMuick. Did not I give your wife a guioeft 
two months helor^ this? 

Bert rum. Ves, fciir; 1 acknowledge I was 
iutunned you did, 1 was not ni town theo, 
Lou.'ick\ Vmy let the court koow that. 
L. C X Did be tell you the king was to b« 
seized in his coach, beibre he told you they 
were to ride out very suddenly ? 

Bertruta. No, afterwards; and then he gave 
me the guinea, 

Sir B:6hoaer. His words are not coupled 
together, thf) h&\« v}^ t^\ij)\^ Vi ^\^^juqN^t% 
U 



I 



I 



I 



I 



29 1 J S WILLIAM lU. 

X. C. X K© ; but he lold biiti tliey wer« to 
ridc! out very ?iiiclileulyi anil Ihe king was to be 
seized in his coach, and gpafe him a guinea to 
buy him neeessaries nt the same litue. 

1j. C. J. Trebj/. There is no doubt he w«s 
engHged in ihe design v^ilb ihi>»e other pei^onu. 
Mi% C^nyers Aod altenvartb h<? itbuked 
him because ht- had not met htin ; nud he^nid, 
it vt ould have been the same thing \i ihe kiiig^ 
bad liecii in the iiehL 

Mr. Mount ague. What day in the week 
was it that you faited him ? 

Bertram, It w^a on a Saturday. 
Juryman. Pray, my hird, we desire to 
know, \vho he did utide'rsttind by the kin^ that 
was to he seized, i 

L, C. /. What did he call ibi* kin^ ? 

Bertram, He said uothini^ Uui the king. 

/.. C.J. Wbi did you understand by that ? 

Bertram. I leave it to the court, I urn not to 
interpret ifiini^s. 

L. C. J. Trtby, Did he name the jirince of 
Orange, or kiniJantes? Did you think ktn|i^ 
Jnmes was to \w. sclzeil F 

Bertram, My lord, 1 tell yon w\\9X be said» 
1 am not to interpret his words < 

Att. Gen, Do yoa believe be meant kiu^ 
Jamefi, or thii kin^, that wa^ to he seized P 

Bertratn, 1 believe it mi^t be the kittg^ 
bere, 

i. C. /. Take the words as tboy tre; be 
ftfked him hetbre, Whether be would enijage 
in ade>ipiihHt niifjbt be fW his advantn^je? 
On Friday the 1 itb of February he metis him 
at bifi lodging, and tells bmi, be was to ride nut 
suddenly, and that tbe king^ was to be feizid m 
bis coach* and «ppftinted him to meet bini the 
next morning, and gAve him a guinea to buy 
him necessaries. 

Mr. Mowpetjion, Viiiy\ \iii% not Mr. Lowick 
given you clothes, linen and other things at any 
other time f 

Bertram. 8ir, you hare been always ready 
to serve me, I must acknowledge, and you 
have been very kiud to me* 

Lmkk. i\ you please to jsrive an account of 
my character^ whether ever 1 was guilty of any 
bloody thing ?^-- Bertram. No, Sir* 

Hir B* Shou'er, How long have yon known 
Mr. Lowick f 

Bertram. I believe 1 have kn«wn him tbj« 
SO years. 

&T B. Shjimfr. Wbat behaviour has be been 
of? 

Bertram, He has always had very good be- 
haviuur, and the best; he bas had tbe best 
character id' all maokind. 

fi'ir B. Sh&rrer, Did yon ever know him in - 
cliood to do a rash action ? 

Bertram, Never in my lift. 

Sir B. Shtmer, Did yon ever kni»w him do a 
m&ficiouB action ? 

Bertram. No; but be had alwaya the eba* 
raeter of a frood man, and was ali*nys rpady to 
StTve Rny man in his neerssitres, and to do 
^pood ; he has that general character abrond. 

X, V, J. Where do*»s be live f 



Trial of Robert Londclt^ 



[29f 



Bertram, He lived last at Brownlow-street, 
but be bas no wife nor family, and so baa di» 

fixed being, 

L, C J, What was bis way of living? 
Bertram. He was bi^ a soldier, and bft^ 
been abroad. 

L C. J. Where?— ^frtroJM. In Ireland. 
L, C.J. In wbo«e service ? 
Brrtram, In the service of king James. 
Limick, He knows particularly, that oore I 
was n|xvn a party* and savwl tive officers from 
being killed in cold blood. 

L. C. J, W bat countryman is be? i 

Bertram. Yorkshire. 

Mr. Motnpeixon. Wat be aecounied of m 
cruel or a bloody nature ? 

Bertram. No; of n quite contrary. 
Jurtfttmn, 2^1 y lovil ; I de«ire to know for 
wlmi cause be gave hiui or his wife a gnineft. 

Bertram, I know not what that guinea wa0 
for that be gave me ihe 14tb ot February^ any 
oihervuse than as I have told you. 

Mr. MumpeHon. What wus the guinea gt' 
to your wite for ? 

Bertram. For tlial guinea given in my wife, 
it was out of hiii own kindness and goodness u^ 
my raiiiily and me. 

'Ait. it en. What wii« the other guinea fbrf 
You are u|ion your oatb, 

Bertram, Indeetl, 8ir, I cannot tcU ; be 
it me to buy me uecettaarit-s. 

yttt. Gen, Was there uotbing ebe 
tioneil, what nece&iiaries those were to bo! 
Balram, No, Sir ; upon my oath there 
not any particuUr memioned* 

Att. Oen, What made bim so kind to yi 
pray ? 

tier t mm. We were both born in a tovrn, 
I believe we are near relatetl. 

Sir B. Shimrr^ You say yott are 
ppo|i1ef nnd have l>een long acquainted, 
knew him in irelatid; prav, did yott 
know thai he saved any oeople's lives ? 

Bcriram. I was not in thut activn myscU 
hot ntl that weir in it gave that relation^ tliat * 
was very fav on ruble, and dtd wive |^ople' 
lives, parlicTiilarly one ca|ituin Hartow, 
brouij^bt liiui and other prinooers, and I 
member the thing : it was about a fortnigl 
before the buiines** of the Boyne, upon 
day morning, that they tnok those prisonfn^ 
and be did persuade sevenil ftarties tb:)t I 
commanded, to decline kiklin'4 as inucb i 
they couhl : J was not in this actimi, but this 
heard ol all that were in it, and from tbe pri« 
aoner. 

^>/, Gen. When be gave you that guii 
did not be speak any thing ot a hofse that wi 
to be provided for you ? 

Bertram. Not a word ; i never did see 
horse upon that account, nor was I master 
a horse, nor w&s \ luld I should hare a burse 
any respect wliotsoever, 

Jttriffltan. How could you ri«le out, a? 
say they were to do, without a hoi^e, or will 
ont kdoWiut^ any tbing of a borec to be pro* 
vidcd for you ? 




* 

1 



Bertrmn. I dW not know of a bursf. 

L. C X Bnt be said you were lo ride out 

Bertram, No : he saidiQ geoem), we should 
lide out suddenly. 

^If. (xtfti, VVtio was til ere besides yourself? 

Btriram, Nobody* 

Aii, Gen. Tbcn that ' we' must mean you and 
litm. And how were you to riile out \i ithoul 
« borse f Fray inind whol you swear. 

Bertram, I wm lo meet biiii the uejsft moro- 
iBg, but did not. 

Mi* Gin. Pr»y, wbat could you iiiider»tand 
tribal, that vou were to ride out suddenly, 
iiid bad no horse ? 

Bertram* Thai was understood, Lbat if I (lid 
ndie out, 1 must hate a horse. 

Mi* Gen. Who should you have it from ? 
Had you a horse of your own ? 

Bertram, No, I bad not. 

Mi* Oen, Did yoo iutend to hire a faorae ? 

Betiram, No, I did not. 

4il. Gen, Did not you ask where you were 
Ulnrtii horse? 

BtHmm^ No, I did not ask nor Inquire, nor 
iliit|irOiiiif>edme I khoutd have a horse. 

Sit Gen* Did be lell you where you were 
Iftridef 

Biriritm, The next morning' I was to meet 

Mt. Gen, For what ? To ride out was it ? 

Berlram, 1 cannot rt-ally tell whether it was 
iipiQ that account or not. 

Att^Gen. Whether did he tell you where 
W waa to ride f — Btrtram. Indeed, he did not, 

Jmryman. It is very straoj^e thiit you <Md 
iOtiik him where be was to ^, nor ask him 
for % borse. 

Btrtram. I was so senseless, thiit I neither 
lid tak him about a horse, nor ever knew of 
■ntbai was to be provided for nie. 

Jarymfifi, Did you understand what was 
Ooikt by the riding out suildenl^ ? 

Bertram. I did take it tu be about the husi- 
MK, the seiziDg of the kin^. 

Juryfftonr Did he compare it to attacking 
him ia the tieUJ ? 

Bertram. No, he did ,not ; hut he said^ he 
Wliered the king would be ficized in his coach ; 
be made no C4»mparii3ons. 

Mr, Mttunttigue. Pray, Mr. Bertram, why 
did you not meet hiiu ? What reasons had you 
for Dot doiu^ it T 

Bertram. I thouglit it not reriuisite to meet 
lufln. 

Ilr. Mountague, What ! had you do mind 
t0 tbe thiugf 

Bertram* No, I had not ; because t thouglit 
the t bio jf very unlawful. 

Att. Geti. Pray what was that thing" you 
Ipeakof, tbatjouthouurht wasunluMfylf 

Bertram. I thought it was about seizing and 
Hlliotf the king. 

L. C. /. I'ray, mind ; there is nohody de- 
Brca you shimfd Kjicak more than the trulh; 
W on the other side, being upon your oath, 
joa ire to speak the whole truth ] for if you 



t 



conceal any partof the truth, though you have 
A kind ti ess U r y ciu r co u nt ry man , Mr. Lu ^\ i ck, 
who has beeu kind to you, you will forswear 
yourself, tor you ntakc adilferentveprf^*iitattafi 
of the uiaticr, and make it appear t^uite other- 
wise then it is ; pray do not strain one tittle, 
hut let us have all the truth. 

Bertram. 1 do nut hrlieve I strain one bit. 
Mr. Moufiiuguc. TheuteUmy liird why yoQ 
did not meet hiai ? 

Btrtram, I did believe It was about sei^in^ 
and kilhng the king, and I did think it to be 
illeu'al. 

Mr. Mountague. Why did you think it was 
ahout that ? 

ihrirum. Because Mr, Charnock had told 
me of it before. 

Att. Gen. How did you know that was 
what Lowick suiike to yoit about ? 

Bertram. 1 did suppuse it to he the same, 
because he desired me at first to ask no ques- 
tions, no more did 1 ; but I look it always to 
be the same thin^. 

AtL Gen. What did he say to yoo ? 
Bertram. He told me he had a business to 
propose to me, if I would cu^ag^e in, that 
would l»e for my "advania^e, but I iiivist ask no 
oua'^tious ; talked of riding out suddenly, and 
that the king was to he seized in his coach: 
and having heard of ii from Charnock, J 
thought it was the same husiot^s^. 

Att. Gen. Then, my lord, we have one wit- 
ness more. Call capl. PiKher. [He did not 
ap(»ear.] If he does not appear, we shall lei 
them go on J and ivheu he comes m, we cau 
ex ami lie him afterwards, 

L. C.J* Is he a lu uteri ul wiliiess ? 
Sat. Gen. We do apprehend he is a very 
material witness. 

L* C* J. If you thiuk hi in a material wit* 
tiess, it will not be propter for iheui to enter 
ujmn their dett'nce, till they have h«iird th« 
whole aecu^tion. 

The Court staid for Mr. FisherS coming for 
near an hour, and at last he came in and was 
sworn. 

L. C. J. Who is Ibis ? 

Alt. Gen* This is ooecaptnln Fisher. 

SoL Gen* Pray» catilam Pi*^]itrr, do you 
know Mr. Lowick, tlie inisoncr ut the bar? 

Fiihcr. 1 have not lalkt^d vviJj Mr. Lowick 
since the 8th of Februuty, and then he talked 
that he would be rearly to :3crve his master to 
the uttermost of his power. 

Ait. Gat. What master.^ 

FUher. King James. 

Att. Gen. VVhai particular aerfice? ^ 

Fuller. Henameu uo particular service, bat 
ouly that he would be ready lo serve hts mas- 
ter to the uttermost of his puwcr. 

Att. Gen. Where vvas this T 

Fiihcr, At the Cock in Bow street. 

Att. Gen. Who wasiu company f 

Fisher. There was Mr. Harrison, 

Att* Gen. Fray, give au account of what 
you kaow Qf ituf barbaroui, bloody d«si|^a* 



I 



295J S WILLIAM IIL 

F'uher, I h^Iifirc ibere waa a design to seize 
the prince of Orange. 

Au. Gen, Wlial do you know of tt? You 
•ay you Iw^lieve it, 

FUher, I believe it by my kiiowte<lge, be- 
cause I w«s concerned in it. 

At(. Gen. By wboin was lb at design ear^ 
rjtid on ? 

Fiihcr. By sir George Barcley and Mr. 
Harrison. 

L. C. J. T\'bat ^a5 \\ie desig-n ? 

Fisher. We were to tall iijioo the prince of 
Orange, 

L. C, J. Von called liim so, lUe prince of 
Oraiige? — Fisher. Yes, my lord, 

Att. Gen. Well^ u*!l us whni bappened. 

Fhher. Jt WHS to have l>€en dono the irith 
of Febnmrv, and we mei accord ing:ly the 
14th, but tlie king nut g^ing abroad, it was 
pwt off. 

Z. C. X IVho met on the 14th ? 

Fiihrr. I met only .Mr, Harrison and sir 
George Barcley, then it was put oft' till the 
i2nd; iiiH>ii ihe Slvl, we met at tbe Thrfu- 
TitiiB in nolboro, and from tbencewe came to 
the SSim-tiifern m iho Stmoil, and tbcre was 
nnlnidy but Mr. Hurrison and 1 tojjelher, and 
sir George Bnrcley c«me to us; I believe tbere 
were about 14 or 16 in the house ; there sir 
George Barcley tobl me, iVlr. Lowick was to 
meet me and two more at an inn by St. GiUs't 
Poimd, and that we were to go together to 
fieize tlie prince <d' Orange tbe 92ud. 

L, C. J, Did }'on meet bim ? 

FUher. I did not meet him, it beings put off 
by tbe king's not ^oing abroad. 

L, C. J, This does not afl'ect Mr. Lowick 
at alL 

Att. Gm. It does not, we acknoxrledfre ♦ 
but at that time which you apeak ol, the 8lh of 
February, had you any knowlcdg'e uf the as- 
sassi nation ? 

Fisher, There waf» no nssassination at that 
time, at least, it was not then declared. 

Att, Gen* What was your discourse about 
then? 

FUher. There was notice of the king's pre- 
parinj; to come for England. 

Ati. Gen. You sny Mr. Harrisons a» Ibere? 

Fixher. Yes, and talk t'd verv little ab^ut the 
matter, but ordy that there uVre preparations 
for the kinjjfV cominjr, 

Att. Gen. What did Lowick say to you ? 

Fi%her. 1 have told you all tliat Mr. Lowick 
said tome. 

Att* Gen. Rejteatit af^in. 

Fhher. He aaid he would he ready to scrye 
bis master to Uie uttermost of his p«^ver. 

Mr- Cowper. Had you no discourse about an 
act of parliament ? 

Fiiifi^. Mr. Lowick said it waj3 not conve- 
uient to talk wilb mnre than one at any time, tor 
there wrt« an act of jmrliament on ibui, lliat 
under two wtliie$s(^8 nolliing should atfect a 
Oiau's lite in treason. 

Att. Gen. The act of pailiament was then 
a- makings 



Trial of Robert lAmck^ 



t« 




X. C. X When Mr. Lowick sairl he woul 
Berre hia master, what discourse had y 

about it ? 

Fiiher. Mr. Lowick said uot a word wifhtii 
bul at the door he aaid be would ser?e hts 
ter to liis power. 

Att. Gen. What was that they would tw 
talk with above one at a timef 

Fisher. N othin^ that was Uinught treasonaU 
practices sboubl bt^ discomsed before abo?e 01 
at a lime ; f-o I understood Jt 

Sol. Gen. Tbcn^ my lord, we hare done. 

8ir B. Sh<fU€r. May it please ^ our lord«bi|, 
avvft you gentlemen of the jury ; 1 am oCcoutt 
sel ill itiiM case lor tbe jiriJioner at the bar, arii 
we do hope here is not evidence sutftrifiit tl 
conwict him i>f hi|;h treason ; the <pie>tian 
not, Whether there wa** a plot or a conspiracy 
to assa^inate (tie kinj^, or to prepnre for sn 
va^ioii ; but all that ^ou are to consider, (m 
tlemcn, is^ whether the evidence aj^^iiiist Ml 
Lowick be suOieieut U* convince you^ that 
did desifjn tu seize and nsHjissinale the king 
ibere are three wiinesjies proituced j but 
think til is la»t witness, Fibber, his testimoa| 
does not hurt him in the b ast. We know yot 
b»rdship will deelare and direct the jnry» thi 
the evidenc e in a case of treason ou^ht t» I 
pl;iio, not only willi resfnE^'t lo ibe fact, that 
was d<»ni*, but also of »ucb fact* as are the e» 
dences of a mun^s intentiunK ; and those ai 
not to be const iiied by strainsj and tn1endiiM>0l 
or implications, unless they be such aa ffi 
dently, naturally, and to common undemlaiid 
\n*;^ express tbe intention, it cannot he gol 
evidence in tieanon : now we say, that mptal 
Fiabf'r has said nothing at all that will afl^ 
tbe prisoner; for all ihat he tn\ys is that tf 
8th of Febniarv be said he was ready to ser 
his maxter to ibe utmost of his }>ower, and aiV 
words as well as these may be om si rued I 
mnke a mati g^uilly of treasonable mtentionl 
fi>r it miebi be a recollection of favours recei' 
ed, or it uiltf ht lie a (rrateful intent to seive ht 
upon particular occasions ; but that is no el 
dence \\{yon this indictment. Suppose it wai 
serve bim upon the su|>posed intended inrasioi 
yet, Hitb Rubmis^irtn, that is not evidence 
tbe overt-act laid here; here is no overt-i 
mentioned of preymrinii arms, or encouragii 
niein or seducinpf tbe king's subjects, in ord4 
to the Utter restoriugf of the late king^ J 
or tbe expected iandinsf of Llie French, or t| 
litve. AH that is laid to tbe prisoner's ch: 
IK, the compassing the kiny^^s death, and a d 
sign to assassinate him in bis coach ; and 
order to the assassination, be was to buy an 
and bok^es : now all that he says is quite 
another nature, of a ouite different strain, ai 
has no tendency in this mutter; and nolhii 
be says Itiat Lowick should say» btit m app 
cable the other wa\, and lends more natural^ 
to the iniasion, Ihan to tbe assa^isiniitiirii. Yoi 
lonl^bip olMierveR, there was some noltce takf 
of what Mr. Lowitk should say, concernin 
tbe art of parliament, that be v>onld not Cal 
with above one at a itnie : how far, wheD If 



2)TJ 



Joy High Treasm* 

h eoooernetl, such loo^e discnurse ought lo be 

infofced before a jury, I must leave to your 

for<Uhip; thou^^h n man miiy he iunocent^ yet 

lie iiia\ be cautiooi^ and the more innocent, 

p«Hisp» (lie more cautious; but that ia nppli- 

cMe to the invasion too, and has no rHalion to 

tH« treuoD in this indict ment mi>re thitu any 

flilief* It sliewfi he %vhs more wnry than f^ther^ 

wifre, but it is not appljeatile to I he fact that he 

mw <taaJ$ char^ecl vvilh. Thi-n the whole of 

the evitience dependB ujjon the testimony nf 

Mr. Hai-ris ftnd Mr, Bertram; and wetliink 

ihey aje not two wttnesse* to one thm;»', and 

wbjit they lay must be strained, and intended, 

lad pxetiimed, to make evidence ot^ treason ; 

fbr firbat Mr. Harris ^ays about the dtseourses 

Wtiviecn bjm and the bte kin^ James, about 

meiniig^ ordern from b\v George Bareley, and 

_ t over trum France, and the several 

Tand Mr. Hare travelled, aud the dis- 

t between «ir George Barcley and Iiita : 

' yovtordship will acquaint the jury, that is no 

fTidmce to aflect Mr. Lowick, nor \s hat Ber- 

Imbead and Hare aifre*?d upi>n dwe>t any way 

I l4eci Mr. Lowick ; for those thinjrs may he nil 

, and yet Mr. Lowick innocent of wlmt he 

audi charged with in t1u!$ indictment ; he 

riayi. That upon the first Saturday be law Mr. 

}^wick at llie confectioner's, hut lie cannot 

•ty be staid thereat all; there wa?$ not a word 

ipoJlvn by Mr. Lowick that he remembers then ^ 

, vnt whitt he ^ys that !«eems to touch, and the 

I Boly ibmiT that touches Mr, Lowick in all (his 

ce is* thai ofvon Monday, Tuesday * WttU 

' or Tlnu'silay, it is a pretty brge lime, 

eft the 1 3th and the 22iid, he wam talking- 

I Mr. Lowick about the barhnrity of this 

and that L^nvick aAer all said be 

\ «ou)d obey orders : now with wuhmission, my 

Wd, lo make that to have retation lo the as- 

■WtiatioD must be by a forced » strained intend- 

JMoi; he doea noi declare what the orders 

J ; nay, be does not affirm there were any 

ri for the aasaasuinlioni but only that he 

[ woald obey orders ; here is no order by writ- 

I bf, no order by parole that i^Ir, Lowick c!e- 

dared he would obey. As to what Lowick de- 

cUred about hi!» intention of ridiof^ out and 

' the kini; in his concht that cannot he 

; llie order lliai he was to obey tu as- 

! the kingf, ihnt order dr^es \wt apjiear; 

there are no footsteps of it in all the cv itlence ; wj 

lli»t there i* nothinj; in testimony that wdl hurt 

Mr. Ix>M'ick; then upon (be *Hu*\, when they 

niiifd toj^elher, Mr. Harm says, ihai there was 

*" -se of two men ; but it docK not appear, 

the witness give any ac^^onnt vvhat 

» two met! were to be f*»r : it is true, two 

men he was to ^ct clinchar^rod ; hot that h not 

^ ttidence that tlieie men were lo make a part 

of thoie forty ; neither the words before nor 

(Wcirds ufter ran have that conf>iruc<ion ; 

.it does not uppear it ua« for any pnrpo!?e 

now in the case of life, whi^re a man 

ndi at the Uir, we hoj>e f^uch an evidence 

dl not be consti'ued to make a |>root* of a 

[imioiiable intetition, that thc^ vere to as- 



D- 1696. 

sassinate the kinjr, or to make part of the forty 
that were to do it ; m hen it does not ap}>ear they 
were Ibere, nor who they were, nor any %ovt of 
notice taken or g^iven upon what account they 
were pnivided. And then as to Mr. Liertram^g 
evidence, it is palpable that bi*i evidence, and 
whatsoever he says, cannot amount to make one 
witness to prove an overt-act within this staiutei 
and that there must be two witnes^ses Jhe law 
ret} ui res. What d<jes Mr. Bertram say, to 
prove any man gruilty of treason, but only by 
intend me lit, tlioucrht or suspir kin ? it is true, 
Mr. Bertram^s evidence would be^'Hwf enoug-h 
to commit a man upon sii*;picion of treason, hut 
to convict him it eannoi be. He sayK, that in 
the beifinningf of February he spoke to him, 
and told him he would employ biin in a busi- 
ness that would lie for hi^ a«lvunta*^e, but he 
must ask no (questions: Tlifs is very dark, for 
the meaning^ of it does not appear what was in- 
tended by it ; it mij,4it be one thing as well as 
another; it might be to employ him in his 
Gimily, or it mi^ht be to send bini of a journey, 
or it nn'sfbt be the taking of a farm ; but lo ap- 
ply that as an evidence of a charge of high 
treason, that we think is very hard, and we 
hope your lordsbtp wdl think so loo : but then 
he coines and tells vou further of a discours* 
upon the 14th, of bis ridinjj out suddetdy, and 
thai the king was to be seized in his coadi ; but 
he does notsay that he was to seize him, nor ttiat 
he would be concerned in it, nor that be knew 
of it, nor diit declare at what time it was lo \m 
done, nor any thing' certain whet her it was a 
prophecy, or a dream, or a story that he re- 
lated a^Vin, or what it was ; there is no con- 
nection between the riding- out suddenly ^ and 
the otiiej- words of seizing" the king" m his 
coach : Then be ways be gave him a jjuinea to 
buy him necessaries ; the man acknoi% ledges 
^Ir. Lowick several time^ had j^iven him in 
charity, money, cloaths, and other thinijs, and 
gave his wife a guinea, as you idwwrvp, in cha- 
rity ; but he gave him this n^uioea on purpose 
to buy him necessaries; and it is hard thai a 
man^s charity to a country luao, to a townsman, 
lo an ancient ac<juaintance of twenty years 
standingf, lo a persfin that be bad been familiar 
with formerly, and known to have lived well, 
should he misinterpreted aufl strained, to make 
it a jfiving: him money as subsistence, and are- 
' ward ftir the doin|rf such a mtschievous bloody 
I act : we say, his chsrriLy to ihiji man formerly 
I is tnconsisient with the supposition (hat he 
could be privy to such a baHj^irous desig^n now ; 
and we hope the jury will consider the charac- 
ter ihat that very man has ^ivrn to my client ; 
fur Uie same xviinpss gi'res you an account of 
\m l^eliaviotir aU al ^n^i^ lhat be was not given 
10 raKh atnl barhju-ous actions, nor guihy i>f any 
malicious ihinjr ; nay, that he prevcntpd mis- 
chi^i', and the kdliug of people in cohl bh»od. 
We must leave it to the jtiry's coosid era lion, 
and your lordship*s direction* All these I h inert 
thai they say may be hue, and Lowick be not 
jjndty ;"ftnd the acquitting of Mr, L'mick will 
be no rcflecttoa upon the wiinvsteti nor any 



I 



I 



I 



299J S \V1LLIAM ITL 

iliscreilit lo thi^ te?itmnniy that has l>efeti ^wen 
of this coi]8}Mrac^ ; but we hope it is iioing^ 
justice to this iiiuu, the VFitne&ses not €ouuii|f 
up to the proiirui* what is laid in th« imtictment* 
We niusl bc^ vour lonkhipN paiietire ;i lillle 
long^er, and call sinnv Witnesses tu ^ivf you an 
sccou[ithowlon<^ ihey have knovvu Me, Ltiwick, 
and what lu^ real character i& ; they uill U'll 
you he Ls a peaceable^ gomi niiiii, and shevi' you 
that his temper and iiicltnatiim wua rather to u 
sober, i|niet lite, than lu lead him to sorb ac- 
tion, aud titat tbey cannot thjnk him likely to 
be tempted to be concerned in such a desii^n ; 
and th«u we mtxst leave it to the jury. Call 
Airs. Yorke. 

Lowtck. I beheve I hero is noWdy here that 
knows me, but uill i^ive tne that chiiractetv 
[Mrs. Yorke cacne in, and was sworn.] 

Sir B, Shower, Pray, Mrs. Yorke, how long 
bave you knnwn Mr. L'nvick ? 

Yorke. About a d'tzen or Iburteen years, 
t^r B. 8/tower. What aort of du^poaitioo is 
he of? 

Yorke* He is a civil, honest mao as ever I 

saw in my Jife, or ever knew of ; and I never 

heard other wiiie from any one that knew him. 

air B. Shoa-er, Wbal was he in his actions? 

Was hemahciouSf org^ood-natured i* 

Yorke. As ^od a natured man as ever f saw. 
Mr. Moinpesmm. Hik^i he the reputuiiuu of a 
erueU bloody-minded man? 

Yorke. Uuile the contrary. He lodged in 
my bouse half a year ; it is not quite u ye>ir a|Jpo 
since he Jay at my hou94.'« He was the most 
obliging man that ever hy in my house. He 
was iO civil to m)I the lodgers, \hsit they ad- 
mired him for bii^i goodness, and made Ihem in 
lore with him< 

X. C, J. How came he to lodge at your 
bouse ? 

Yorke. He came from his other laadlmly j 
Uiey could not agree ; his other lanillady was 
a sjort of a kIitl-Wj and tli€rth>i'i' lie dii) not cure 
for atajinj^ there ; and I dt»ircd his comjianyt 
becHUiie I knew liim to be so obliging and ci\ ii 
a man. 

i. C. J. Where is your bouse T 
Yorke. In Bioomshury. 
X, C. X What in his way of liiriwg ? la he a 
man of an estate ? 

Yorke. I cannot tell ; I did not enquire into 
tbftt. 

L* C, J* Had he no employment to get his 
living by f 

' Yorke. I ih not know any tliing of that ; I 
never enciuired into it ; he paid me very ho- 
nestly fiir mv lod|^ii);f, and he is a very good 
tuaOf for any thin;; I know. 

8ir B. Shooter. Then call Mr^. Mosely. [She 
came in, and was sworn.] 

L. C.J. Well, what do you ask ibis gentle- 
woman? 

Sir B Shau'cr. Pray, Mrs. Mosely » will you 
toll my lord nod llie jury, do vou know Jilr. 
Lowick ? — AIohI^. Yes, Sir, 1 do. 

Itjir B. Shower. How long have you known 
lum?*-«J£ofc/y* Near twenty years. 



J Trial ofRoigft Lowid, 







Sir B. ShoTitr* Pray give an account, u, 
your knowledge, wh.it disposition aad teiu^^ 
he is of, whether he is rash, tualicious, bloody, 
and ill-natured. 

Mo$eh/. He is a peaceable, tirtuous, 
rnan, and a n^an that I never heard or saw tl 
creature thftt could speak any ill thing of hi 
in my life ; nor 1 never heard him spt^ 
thing irmliL'ionsly of any creature in my " 
di> iJiL'ui a prejudice : so far from that^ 
is a man has a character, perhaps, abo 
man that 1 could speak or bear of in my Iif« 
tipeak it even above my own relatimis ; 
may have Nome pas2iions ; but I never 
gentleman m a passion in my life, 
lain in my house several times, and h*r has 
company come to hiro, but never any that 
scandalous one way or other. I never m 
htui fudilled ; nor ever heard him swear, ©< 
any one accuse him of any of those things. 

fllr. Mompetwn. Call Dr. William HtWi 
(He did not uppearl 

Sir B. Shouer, Thft prisoner has 9ometbici| 
to say for him-^elf, my lord; hut we must subi 
mlt to your lordship^s cont^ideration, and tb( 
jury's, whtihifr ilicre ha any evidence but whi 
ts dark, ami faxnirH of suspicion only ; suspi' 
cious it is ; but whether there be any evidenoi 
that is plain and direct as the law requires il 
cases of high-treason, we mu^t leave it to yoii| 
consideration, tor we apprt*hend there is n 

Lowick. My lord, as to thLs businesa, tbl 
thing that 1 bland accused of, the Assassina^ 
tion, I know nothing in tlie world of it, a» 
never did, directly or indirectly ; and if 1 ai 
cfiovicted» and could, 10 save my hfe, be tb| 
death ul llie poorest child in the world, | wimiM 
not save iny lite tu do it. 

X. C. J* Look you, I would put you to makt 
answer to some thinp ; you were at sir Geargi 
Barcley^sat the cootectioner's in HtdlMjrn ; ai 
it is sworn he came over upon suth a desigq 
Then you were with Mr. Harris at Rtd-UoDf 
Fields, and thfrc he was speaking to you oft 
horridness of the de!«i<^n that was to 1»e rxecutei 
upon the king's person the SalUfday^ tK*for«| 
and he told you he did mislike it ; and there** 
upon yi/u answered that 3'ou would obey or* 
ders, and tliat sir George Barcley had ordi 
for it, otherwise he would not do it, 

Lou irk. Sir Geo^j^e Barcley never spokeoiM 
word of it to me, 

L. C. J. Every l»ody knows now upon whi 
design he came over from France, and wb< 
]IIr. UarriK shcwt'd dissatisfaetion with tbll 
thin^t you nnole that aiihwer to his disctmrse. 

Loftttk. He never said one tiyllflUle to me of 
it. 1 trust to your lordship's judgment and tb^ 
jury^s meri^y, 

L. C. J. And then I would have you anaue^ 
to another thing ; when you dined together 
the *Suturday the ^2nd, v^hat were those 
men that could not be discharged vvhhuut yon f 

LoiiJick. My lord, I kni»w nothing iu the 
world of two men. 

X. C. X You went to discharge them, for ihf 
king did not go abroad that day. 





fof High Treas^, 

. IknowDOthinff ofit. 

He swears this, and that is as to 
theo aa to Bertram, what desigrn was 
yon were to engage Bertram in for 
•ffe, ami be was to ask no questions ? 
. My lord, be is a poor man, and my 
SB, and 1 have at all times, from time 
HT this seven years, helped to subsist 
Its family, that he will not deny ; and 
vral times giren him both clothes and 

J. Then I would ask you again, 
came to your lodging on Friday the 
'ebniary, and you told him the king 
seized m his coach, and said that we 
ide out very sudd^ly, and you ap- 
im to meet the next morning; and 
le did not meet vou blamed him, and 
luld have been the same thin^ if the 
been in the field. Look you, 1 would 
give answer to this if you can. 
. I remember nothing in the world 
I word 1 assure ^ou } and to the best 
nenobrance, I did not see him in two 
r. 

en. 'hly lord, I must beg leave to 
* the objection that the counsel for the 
lave made, that there are not two wit- 
nrove the overt-act laid in the indict- 
\9o the law is not satisfied. In answer 
[ desire jrour lordship's favour to ob- 
r the evidence is, and then we shall 
ler there are not plainly two positive 
of the overt-act, by agreeing to assis- 
! Idng. The first witness is Mr. Har- 
t lordship observes, that Mr. Harris 
account that Mr. Lowick was at sir 
Itfcley's lodging the first day that it 
we been executed; and that afterwards 
die 15th and the 82nd, those bein^ the 
second days that this was to be done, 
I and Rook wood, and the prisoner 
were walking together in Red-Lion- 
■d there had some discourse about the 
assawiination, and the barbarity and 
■ of it, and Mr. Harris and Mr. Rook- 
ers averse to it. Mr. Lowick said he 
«y orders, and he was sure sir George 
would not do it unless he had direct 
r it ; that was twice repeated by bim, as 
wears: and afterwards Mr. Harris tells 
tthe 9fd he dined with Mr. Lowick, and 
»ick observed that Mr. Harris came in 
M sweat, and asked him how it hap|>en- 
taid he had been about to get Hookwoud's 
at were to seize the king ; for he was 
one party. Says Mr. Lou irk to him, 
ed not grudge to du it, you have six 
I a day, I have nothing; and yet T, at 
I chaise, am to provide two. This is 
ifevvideoce as well can be of his being 
»the design ; and his engaging people 
vwn charge, shews a gr«;at deal of for- 
waail z«il in the prisoner to the busi- 
My lord, I think this is positive and 
*i4aoe, and not only made out by in- 
> aod eonslractioQty as sir B. Shower 



A. D. 1696« [9QS 

says, but plain, positive proof. The first day 
he was with several of them, and when they 
discoursed of the thing afterwards, he declared 
he would obey orders ; and what could tluwe 
orders be but for what they were discoursing 
of? And nothing was discoursed of but this de- 
sign they were engaged in, and this was to 
justify the thing, ami take offthr apprehensioB 
of the barbarity of it : This is Harris's testi- 
mony. The next witness is Bertram, and be 
tells you, that the litb of February the prisoner 
sent for him, and when became to him, be 
asked if he would engage in a business that 
might be for bis advantage, and ask no ques- 
tions ; so at that time he did not acquaint him 
what the thing was, but that shews it was a 
thing that was to be kept secret at that time, ia 
regard he did not thina fit to acquaint him at 
the first instance. But the 14th of February 
when be met him again, the day before the 
first time that it was to be put in execution, 
Bertram swears be told him that they were to 
ride out the next morning : that must be Low- 
ick and Bertram, for there was nobody else 
there ; and that the prince of Oran^ was to be 
seized in bis coach. Was it possible the pri- 
soner could be Ignorant of it P when he en- 
gaged him to go upon a design without asking 
qutstioas; sent for him the day before, ac- 
quainted him they were to ride out the next 
rooming, and that the king was to be seized in 
his coach, and bid him be ready against next 
morning, and gave him a guinea at that time ; 
the witness says it was for necessaries, but he 
does not pretend that it was for charity, as for- 
merly. And that must be for necessaries fnr 
that purpose that they were then discoursittg 
of, when he desired him to be ready the next 
day, and gives him money to buy him neces- 
saries : what can that be, but necessaries fbr 
what he was to be ready for ? And then he did 
not come the next day, and he tells vou why, 
because he thought it a very wicked and on- 
lawful thing, and so he disappointed him ; 
and the next time Lowick chid nim, and toM 
him, he would have served hiid so if the king 
had been in the field. This is plain, though I 
believe Bertram does speak as tenderly as jbe. 
can, being his friend and old acquaintance, 
and is vrilling to say as little as he can of hiaa : 
so that I believe nobody thinks but what Ber* 
tram says against the prisoner is true, and 
what he swears is plain and positive. To 
shew that Lowick did engage in tlie design, be 
acquainted him with it the 14th, by telling him 
the king was to be seized, and they were to 
ride out, and he was to be ready the next day. 

L.C. J. He does not say they were to ride 
out the next day. 

Sir B. Shoaer. No, the words were, We are 
to ride out suddenly. 

Att. Gen. 1 think he did say they weie to 
ride out the next momuig. 

L. C. J. No, call him in again. 

Mr. Ctnrpfr. The words were, We shall ride 
out suddenly, and bid him meet him next morn- 
ing ; and aflerwards chid him fin* not meeting 
8 



I 



I 



8 ^vl^LIA^f iii. 

•ocurdiug^ly, anil told htm it houl b&eh Hre 

same ihii}<^iritit' kiii^^ Imd Uctfa in the firld. 

L. C> J. if y*iik caunoi a(;jrce ujiou ihe evi- 
ileiict^, you must call in iUp. witne^iit, 

Mr. j\Jaiintitpie. My lord, we are agreed 
upon the evkWii'-e, it was suddenly, 

L. C. X Wfll tUciit liiere is no uoc^ioa; 
hare yuu tloue on Imth sides P 

Coufuei. Yesi, uiy lord, «ve submit U loyotur 
lordship. 

i. C- 7. Geullemenofthejun', thisprb*mer 
at Uie bar, liohen Loivick, ts iodicted lYf^high^ 
inAamk, for c(impas$ms^ ^^*^ tinHt^Q\n\^ tlie 
dMtb nod desiructiou of' the kint^ by an ai^Sia- 
•ifi&tion; you have hi^ard ivhtLt endeDce hus 
heen ^-tven upon this indictment. And in the 
lirtil place. It is pruvi^d to you thut there wait a 
desi|^n to assassinate the Uui^, uJiiiili was to be 
earned nn under the conduct ami mana^^^e- 
ment of sir George Barcley, The *|uestion 
that you are now to consider of is, Whether the 
prisoner at the bar was concerned or en*;aged 
in the prosecution of that desi^'^n ? There have 
been two witnesses produced, who have ^twn 
ibeir evidence, and huve been very «irtctly exa- 
jiiined, and observutious h^ve been tnade upon 
ihe tesltitiouy they have jfifeu. 

The first wltue^s is Mr. Han is; and he 
^vt9 you some account ol the original of this 
3esig:ti'. He lells you how he was at ^t. Ger- 
niainSf and introduced to the late kin^ James, 
who ihil express a ^reat kindnesii for him, aud 
told hnu that be hud an opportunity of doin^ 
«oaietUiti|^ for hiui that would be for bis advau^ 
tag-e : and that he and one Hare, who was pre- 
•ent at that time, should go into England, (lor 
it neems they w^re both together iutroiiuced 
by colonel Parker) and should be subiiiiited in 
England, and thereupon direction!^ were g^ivcn 
tbem ^that coursie tliey were to take; 
whieh was to ^n to Calais, nod to each 
of them ten lewidorcis were ^^iven Jbr their 
charges; and they u ere actjuaiitled, that if it 
happened (hut if they sliould lie thete s** hm^ 
lor want of a *vind to brin^ theui over hither 
that their money was s|»ent, proviision should 
be made lor llieir supply there. They had 
farther directions, that when they caiiie into 
England, they should a|i|dy themselves to sir 
Getjr^e Barcley, and Jiiilow bis orders, with 
instructions how in tin4 him ; hcmyr told that 
Sir Geoige Darclcy would be walking in 
Coveni'garileo t^vt^ry Monday, and every 
Thursday night, <tbouMlie hiiun>of sixi^r i»even 
o'clock, aud that they should know him l>y a 
white hand kerchief that wa^i to hang out of liis 
pocket, 

Mr. Harris further tellp* you, That they did 
come to CatdtH in ordtr to embark tor En;!^land, 
and ttietethey happeued in stay a eotii»iderable 
lime, even »o lonj; that then- money wouhl not 
defray their expences there, aud iliey found it 
trueus il was prouni^ed tbeui ; for the pret^idcnl 
of Calais [laid the reckoning for them at- the 
place where ilicy hnl^etl - and alter wards they 
isauie into EjjgUnd, and landed in Kent, and 
iMUue lo Ko4;heit«r, and from tbeuce to Euudou. 



Trial ofRohcr-t LcKnick^ 



P 



AtHiUt the latter end of JaDuary^ ^ ^tite fft 
it should iM^ni it was the 14th new 
is the 41 h old j«lde, Ihey were at 8t ^ ), 

he telU you that he did i^o, the tii>i m'.. hu: 
after their arrival, into Co\ cm- K:af den, in I. 
after «.r G^*or:;e Barelf-y, but then mi<i!>ed bi 
But aHer wards his ciaopaniuu, Mr, Hare. 
with otie Berkenhead, aud cotujdaiitntg tl 
they had not met wiih sir Georije Barch-y 
mil ding to the directioua they bad 
whereupon, by the means of Berkenhej 
were bn>ught to ihe speech of »ir Gooj ^ 
eh V, who gave them reception, and owned tl 
heliad auUiority to &uh:iist th(^«n : hut aaid 
had not then mouey, but shortly tchould, 
when Ins ttad, they should be bure to reeiit* 
their stibsistence. He tells you, th:< 
sir George Barcley gave them 
money « fm) iug theui at the rate of uve 
ting^ a day wlitn they had no boraes, 
tliey had, iw shitimgs a dsi^: st^ 
themst'lves altogether under his co* 
rooducL He has* given you an act , 
discour».e he had with Mr. Hookw 
whom he di^'o verted what the design 
which he was to bbengugedt And Lhedi 
assassinate the king was tirstinlende*! to" 
uxecutiou on Stiturday the 15th (»f Fehriiary 
at which du'y Mr» Harris and others 
sir Geoi^ Barclay's lodgings, air Geoi 
they were his Janisaries, and al\erw. 
reised tliem, and said they ^vere men 
nour, and told tbem that they were to ai 
the prince of Orange autl his guards ; but 
seems the king nut going abroad that day, thi 
lost that opportunity. 

Truly, then Mr/Harris began to be a 
troubletl, when lie understo^ the meaatng 
his being under sir George Bnrcley*^ coDdi 
And he tiays that after that first Saturday 
15tb, and fcetore the next Saturday the SSd, 
met with Lowick, Hook wood, and Beruai 
he was complaining of his being eug: 
such a deiigti as thi,s was. He called 
the murder of tlie prince of Orange, and 
it was a barbarous tuitig, aud he did not like 
nor Rookwood neitlier; but as for Lowia 
whether he ditihked it, or uo, J know oal» 
he made answer to him, 1 will obey oi 
ftays he, sir George Barcley has orders for 
or otherwise be would not do it. 

Then you are told farther, that afWr thtS| 
Saturday the 2 2d, Mr* Harris dined w 
Lowick Q.t a cook*s at the end ot Hei1-lii 
street, and being there together, Harris 
iu a sweal, and was aiiked the rcasoii I 
Lowick, he said he bad been giving of onh 
for the getting home men Ifj^eiber that w< 
to go utidcr iCookwood ; aud Loivii;k told hi 
he niii^ht very well do it, for he liad \\6ky 0^ 
day ; but says he, I am to subsirit two meu, 
have nothing at all. Mr. Harris wishe^d 
to go to sir Gdtrge Barcley, and cuntplatfi 
it to him, hut he f^uitt he wouhl not: Ult 
seems, it b«*ing then understood liy the til til 
tlm king did not go ahruad that day, Lowii 
sutd he u^ast t^o itud dii^cUarge the tw9 



/ 




305 j for High Treason: 

abant it Tbb is the sum and sub- 

^f 1^1 J*, ii arris's eviJciice agiinst Mr. 

Lowkk* 

The Deri witness is Bertraiji, and he tells 

on, llifttsonie time be£nre the 16th of February, 

»hjcb i*a». SI 5 I l«M you, the very fir«l iJay 

tliat I I to assassinate the kin^, 

Mr. J bim, and told lum, that he 

voulii |iui hiw (J|ii»u a business th»t should be 

for his Ddrantag-ef if be would undertake it 

lrilh«u( unking* any questions : this was some 

llaie beibr«ff but the certain day Bertram Joes 

^^^^^etnber ; but he tells you fiii ther that on 

^^^Ipjthe lltb of F«ebruarv, he was iviih Lo- 

^P^Kathis iod^ngi, and lie said unto hi m, 

Htbal the king, be did believe, was to be seized 

In btt criacb) and we are to ride out suddenly ; 

tod then he g^^e him a guinea to buy btm 

ries, and withal bid him meet bira at 

srl bouse in Hart street next morning ; 

ertram tells you, be had undemood what 

» desig:ii wns, tor be had it before from Char- 

atid did forbear to go the next morning, 

: he did diKiike it. Alter this Mr. Lo> 

. him and chid him for disappointing 

Mbim, in not meeting liimas he directL'd, for, 

|i«j« he, it would have beea the same thing if 

kjn^ hail been in the field. This is the 

liani and substance of the evidence that Ber- 

|tmn has given against hint. 

Now Bertram being crosS'Cxamined on Ibe 

Whalf of the prisoner! says, he haih known 

_ kim a creat while, and that he ib a mHn ot a 

kbie and fair dii>posiiion, very charitable, 

, he has given him money before, and 

ularly a gmnea ti> his wife in liis abiience. 

I might have nientiuned the evidence 

^<f Fifber to you, but that is but circumstantial, 

\ not come home to the case ; but being 

t it may be mentioned ; and ibuL is, about 

i of February, Fi^iher had some discourse 

^ickf auii it seenis there was notice 

^the intended invasion, and Lowick 

_ Otild serve his master tailhfully ; and 

\ wtiuess iliotighi was meant of the lale 

and he said at another time, that he 

\ not discourse with above one ut a lime. 

E of Ibe late act of parliament that was 

tben a iiassing, relating tu high treason, that 

nfuirto two witnesses. Now, I say, this is 

HOI toy proof against the prisontr, hut it is a 

circumstance that may shew his inclinatiDn to 

1 I for the prisoner hare insisteil 

opou .... ..i ,iliciency of the evidence that has 

becQ given on behalf of tbekiugt and have said, 
(bat the late act of parliament requires two w it* 
•Boea, wUicb is true, but not two witnesses 
to any one overt act ; hut if there be two 
witptmw, one to one aud another to ano- 
ibtr overt act, that is sutficient ; but they say 
thu it is not so in this case. 

Id the first nlace, they object against the eri- 

deiji IV en by Harris, tbey say it is short, 

tbd- It to your consideration ; whether 

ttv fjut IS given by Harris concero- 

k, doei prov« to your sattnlac- 



don, tbdt be consented and agreed to the as^ 
BUfisination of the king, yoa are to weigh the 
evidence ; when it is sworn that when Harris, 
liookvvood, and the prisoner were walking in 
Hed Lion Fields, and talking of this horrid de- 
sign, and Harris c^mpbineil that it wns a bar- 
barous tbin^ to murder the prince of Orange, 
as they called him. you must consider what 
answer Lowick did make about obeying uf 
orders ; then his subsisting of men at his awn 
charge without pay* and complaining of his 
having no pay, and hia discharging iht;m the 
last day that' the assavsinafion was intended, 
that I must leave to you, whether or no ting 
is not an evidence, if you believe the witneas, 
to satisfy you that be was engaged in this de« j 
sign. 

Then, gentlemeD, he has also been desired 
to git^e an answer to ibis question, and to tell 
upon what desii4'n he w as to employ Bertram 
that should be far his advantage ; but he was 
to ask no questions; and afterwards whether 
be did tell him the king w as to be seizrtl in hia 
coach, and they were to ride out sudden)^ , and 
bid him meet him the next morning, anu ..bett 
he did not meet him, he said, It would hare 
been the same thing if the king had been in 
the field. If this he an evidence of Mr, Ia>^ 
wick's engaging in, and agreeing and consent- 
ingto the design, then bens will be another 
witness against the prisoner besides Harris. 

Gentlemen, you art to judge of this matter 
and of the evidence. It Ls true, we are not t» 
put in the case of a man's life, any forced and 
violent constructions upon any words or dis- 
courses ; but W ihe e\ i<lence be plain and clear, 
1 hough he did not say in express words, that 
he did design to assusiiinate or kill the king - 
vet, if upon the whole discourse that past be-^ 
iween them it apjiears |dainly, clearly, aud sa-^ 
tisfactorily to you that he did consunt and 
agree to this design, or waa engaged in it« , 
here is another witness, I say, lo prove bim 
guilty, besides Harris ; you are to considee 
the whole evidence, the subject matter of dis- 
course, and if you are satisfied, I say, that he 
was engaged in such a design by the proof of 
Bertram, as well as of Harris, then there are 
two witnesses, which jb as much as the Jaw re- 
quires. 

But, indeed, the counsel have called several 
witnesses to prove thai the prisnner has liveti 
very peaceably aud quietly ; one woutan says, 
she has know n him twelve years, and that ha 
lodged at her house, arid that lie was a man of 
great temper and candour, anil not dii^ortlerly, 
but had a general good esteem ami character ; 
And then there is another, Mrs. Moseley, tha^ 
prof es the like, and says, she has known him 
theae twenty years, and she says no man has m 
better character : And Mr. Bertram hath said, 
that he was not of a rash or bloody tem^ier, ; 

Now, genllenien, I must leave it to yoa,^ 
upon the evidence that you have heard, there 
are these witnesses that have been produced ^' 
and there are Utese circumstances Oiat ap|iear 
iu the case; il^juu are aax»^i»d u^^u Axv^ ^\- 



307} 8 WILLIAM JR. 

dcDce that Kubeen given. tbAtthc prisoner Hr. 
^wick did consent to, aDd engaj^e himself in 
that design of assasvinatiog the king, then von 
are to find him gnilty ; if you are not satisfied, 
vou are to find him not ffuilty ; you have 
heard your eridence, and had nest consider 
ofit. 

Then an officer was sworn to keep the Jury, 
who withdrew, and staid out about half an hour, 
and then returned. 

CL ofAr. Gentlemen of the jury, answer 
to your names. George Ford. 

Mr. Ford. Here. (And so of the rest.) 

CL of At. Are yo^ all agreed of your Ter- 
dktP— Jury. Yes. 

CL ofAr. Who shall say for you ? 

Jury, Foremau. 

CL of At, Robert Lowick, bold up thy hand, 
(which he did). Look upon the prisoner ; how 
MV you, Is he guilty of the high-treason 
wnereof he stands indicted, or not guilty ? 

Foreman, Guilty, my lord. 

CL of At, What goods or chattels, lands or 
tenements had he at the time of the treason 
committed, or at any time since P 

Fortman. None* to our knowledge, we do 
not find any. 

CL of At, Then hearken to your verdict, 
«s the court hath recorded it. You say that 
Robert Lowick is guilty of the high-treason 
whereof he stands indicted, but that he bad no 
goods, chattels, lands or tenements at the time 
of the high-treason committed, or at any time 
since to your knowledge, and so you say all ? 

Jury, Yes. 

X. C. /. Discharge tbe^ury. 

CL of Ar, Gentlemen of the jury, the court 
discharges you, and thanks you for your ser- 
vice. 

L, C, J, Mr. Attorney, will you hare the 
prisoners set to the bar ? 

Att, Gen, Yes, if your lordship please. 

Then the keeper of New^a'e brought Rook- 
wood and Cranburuc, and ail tL«ee were set to 
the bar. 

Att. Gen, If your lordship please to give 
judgnkent against the prisoners that are con- 
victed. 

L, C. J. Ask them what they have to say 
for themselves in arrest of jud{ifment. 

CL of Ar, Robert Lowick, hold up thy 
hand; you stantl convicted of high -treason, in 
conspinng the death of the king by assassina- 
tion, what can you say for yourself why the 
court should not give judgment against you, 
to die according to law ? 

Then the Keeper bid him kneel. 

L. C, J. No, no, he need not kneel ; if you 
have any thing to say, Mr. Lowick, we will 
hear you. 

Lotoick, I throw myself upon tlie king's 
■lercy. 
* CL (fAr. Ambrose Rookwood, hold a( thy 
haad, (which he did). You stand oouvicted 



[m 



of the same high-treason, fhir oanspMng tho 
death of th^ king hy assassination, what «an 
you say for yourseli; why the court shoiikl not 
give you judgment to die aceording lo kw f 

Rookwood, All that can be said haabosn 
said already, and so I shall say no mora. 

CL cfAr, Charles Granbnme, hold up thj 
hand. Then standest oonvicted of high-trasMnt 
in conspinng the deaUi of tlie kine hy aasiMi- 
nation, what canst thou say for Ayoelf, wfew 
the court should not give thee judgment to dio 
according to law 7 

Cranbume, I have nothing to say bnt whil 
I have said already. 

CLqfAr, Then, cry»r, make prochmaliin. 

Cryer, O yes, all manner of peraoon atf- 
oommanded to keep silence whilo jodgniCHtil 
in giving, upon pain of imprisonment. 

L. C. J. You, the prisoners at the bar, llo-= 
bert Lowick, Ambrose Rookwood, and CimAm 
Cranbume, you have been indicted, «nd nMr 
full and clear evidence have been oonvielMif 
high-treason ; a treason that was advnnoed to . 
the highest degree both of malice and miioMrf 
against the king and king[dom ; yon dosignei 
to assassinate the king with an mtent to sn^' 
vert the state, and by the introdncinr of a lb*' 
reign power to destroy tho ancient libor^flll 
constitution of England. 

Our French and Popish enomies, hj wkvft 

Jou were employed in this bloody enterari|^| 
id very well Know, that the wisdom nndhtaK 
rage of his present majesty has rescued Mr 
kingdom from that slavery aud oppr^nfm' 
which they oi\eu threatened to bring uponm; 
they knew that under his govemmeiit we bvfi 
been protected in the enjoyment of our reKgilOi 
laws and liberty for several years, and that kM 
majesty is the head of the Protestant intera^ 
and tlie protector and preserver of the libcM 
of Europe; and that upon the preservation Or 
his Itle, and the safety of his person, tho goodf 
and happiness of multitudes of people do de- 
pend, winch the French king's pride and am* 
oition has been ready to take hold of any op*, 
portunity to eu:)lavc and oppress. 

Your being engaged in such a horrid < 
against so precious a life, and to be the bloflii 
instruments tu give that dismal stroke, whk 
would have bi-ought misery and desolation i 
so many men, renders you worthy to nnd 
a greater and more severe punishment than I 
the law of England can be inflicted ; but tl 
there is no greater provided for such crimini 
is to be imputed to the ancient honesty and i 
teij^ity of Englishmen, who, when they firaM 
this constitution of government, never f^ 
gined England should produce such deg 
wretches, as would endeavour by pk 
contrivances to betray their country to af 
yoke, and subject themselves and their f 
subjects to the slavish dominion of atrai^ 

Your crime being so great, it is now H 
time for you seriously to reflect upon it; ■ 
though you deserve to suffer the g '^* 
punishments, yet I have that comp 
your persons, that I wish heartily yoir } 







^ me of tbif i>p}3<irtii9iiy h bieh ui now ptit 
r liMMi*^ lo repeal. Anci since you are 
1 by the Uw unworthy to live here^ lb«4 
^^^ I mftlw |irep«raLion lo appear jit &uother 
HH^ftlv mhtre yoo must hafe another trial, 
nit intiiatil«a Ibearty ant] sincete repentance, 
l»0«it# ft msre severe S€nleoc«. I hope this 
•ilMBily,«idtbeju%iDeiit that is to M\ upon 
|wa, ml be tn atltnuniuon to you to tak« bet* 
tif iiiTioe in tbe )a«t paH nf your time which 
bblijftiit ^ban you have itoms Jn the whole 
mmnt of ronr tivi^a, and I hat you wilt be wistr 
IbMl M u^Wqw the Ju'eotioo of th^se guid^ 
vbMQ prineipks anil doctrtoea Imto so fttr p«r- 
Vifleil iiHl cxrrftpied yau« aa te eng^t you iu 
noli ft bloody drti^;ii, I ihall IraTe you to 
iMllEe Ibat pr«pai-aiion for a not her worUV, which 
il pftt^ for men in your condition, and pro- 
iiiM9 tilt judgement ol' the comt, ^hicb the 
Imp iMili Uppointet} and tbe court does Award: 
*11ift4 all ui you b« oonv^yed frorn henc<; to 
*te^ifteii Iroin whence you cvtme^ and from 
I 'iMct every 6ne of you is Uy be drawn upou 
r mnrdl« 1o ibe place of ejiecutioo, wbare you 
! HI to be Uaitged by your necks, and lo be* cut 
'dawn vrbile you arc alire, your privy- ntetn- 
' hfn ate to be cut o^, and your bowels are to 

* ba cut out of your bodies, and burnt in your 

* tiew I ycitlr beads are to be tut off', ami your 

* bodies to be divided into lour pftrla^ ami your 

* heidt end quarters are to be disposed where 

* bii mjeay shall appoint. And I pray God 

* te hftre tnercy on alt your bouIk.^ 

Cranhufnc, i bimibly dessire the hberly of 
iiy wife and relations to cmne to me, and such 
^fioes fts 1 shall desire may bare free recourse 
ieme. 

LLC. /. Vou aliall have that liberty that is 
LtlWed to all persons in your condition. 
] JUokmood. 1 roust beg- the same favour to 
I lilt eofsa few friends and relations come to 
I lee nie without a keeper. 

L C, X Vou abftll bftve a warrant for your 
ibBdelecomeioyou. 

Kooht^Qod* I beg your lordship that you 
would please to specUy it in the warrant, be^ 
nuK they would not grant it hitherto without 
I keeper being by. 

L, C, J* You mean, you would have your 
bother periti Hied to come to you. 
Rocheiwd, VeSf and some few relations. 
L C> X What ie usually done in such cases, 
bt It lie done. 
Lamick, BIy lord, 1 dcfikire the Same thing*, 

tl my sister may come to me, and that the 
^ time 1 have^ i m^iy be ia private with my 
\ friends. 

Ait. Gen. If your lordship please, they may 
[ five the names of' those they would have ad- 
lliittcd to them, and then the Iceepci* will attend 
Jjfotir lordfihip for your direction. 

iL C- J. That tlie keeper must take care of, 
r allow such a liberty as may endanger 
« \ for their being aloue may prove a 
as thing, 
f. Gen. It ii reasonable they should tell 
tbi Ibej ftre, before iUey Im ftdmitM. 



[^ 



X. C. X Yoti allow them, ^ stippoie, lo have 
piirate discourse w the same rounii if a keepar 
be by. 

Cranhurnt, No, my lord, we never bad, 

AU, Gen. 8uch as your lordship ihinfai 
proper to fa« AAimitted to them may have dU* 
course with them in private, if the keeper be 
in the room, but oo others byt such fts your 
lordships shah allotv ; fur we know whut hss 
been the ef^t ef a liberty of acoese iu some 
prisoners. 

L, C. J. Let US have a note of those names 
that you would have come to you, and we will 
g]?e directiatis that shall be proper iu it. 

Vi.iff'Ar, Sheriff of Middk^t.v, you most 
take them into your custoJy till ejcecution ie ' 
done. 

Then the Keeper look away the Prisoner!* 



mibeyi 



L 



On Wednesday, April 29, Ambrose Hook- 
wood, Robert Lovvjck, and Charles Cranburnf , 
were drawn to Tyburn, where the two formet 
delivered the following Papers to the aheiifff* 

MaJOS LoWICK'S PAPtR. 

la the name of the Holy Trinity, Father^ 
Son, and Holy Ghost, Amen. Iu the first 
place, I die iu the religion 1 was baptized, vix. 
Roman Calholic, and humbly beg the prayere 
of all good people for a happy resurrection, 
and of alt Catholics for the good of my souL 

As for being engaged iu this for which f 
die, it was never so posilive that 1 had w horse j 
irom the beginning to the very last, nor never 
see any allowed me, or the two men I was to 
provide, as was sworn against me at my trial ; 
nor had 1 any on that accouai , nor whs I at 
any of their meetings when they settled any 
such tiling. And as for any order or com- 
mission from ting James, I ne^er see an/ 
since I came last into England, whicli is R0\r 
aJiOut liA'e yeavs ; and I am con gdent none that 
knows king James will believe he would give 
any such order. 

Indeed, 1 must confess, t beUeve king James 
was a- coming to assert his o^vn right; and £ 
should, if ou shore, har^ done aoy thing ia 
my power to have assisted him ; and, in order 
to that, I should have been very glad to have 
had a horse, but never had any« 

And as for being concerned in any b!ooily 
aifair, I never was in my life, but lisivc dune 
my endeavour to prevent, as much as I could, 
on all occasions ; and if the kdliug ihe most \ 
miserable creature in the world, or greatest 
enemy, would now save my life, restore th« 
kingj'and make me one of the greatest men in 
England, i first would choose to die, because 
against the Law of God. 

Jf ony who are now sufferers on thts eccoimt, 
think r have been too forwtird, and a promoter 
to this design, 1 do now declare tt was never 
my inclination to do iiny rash thing. How- 
ever, 1 beg their pardons, and of all tbe world 
I hftTf ftfieiKleU, eitb€r in Uiou^Ui^ vr^d^ ^ 



811] 8 WILLIAM III. 

any action whatsoeyer, and do freely forg^TO 
my enemies, and hope, through the mercy of 
mv Saviour Jesus Christ, to have remission of 
all my sins. Good God preserve the king*, 
queen, prince, and princess, and all that royal 
blood of Stuarts ; and may England never 
want one of that direct line to govern them, 
and make them once more happy ! I have had 
the honour to serve my royal master in several 
commissions, and tlie lost as major, and strove 
ever to serve him to the best of my power, 
and ever to be just to those whom I had the 
honour til commanil. Lord Jesus, into thy 
hands f recommend my spirit ! O Jesus, re* 
ceivc my soul ! IIobert Lowick. 

Brigadier Rookwood's Paper. 

Having committed the justice of my cause, 
and recommended my soul to Goil, on who^e 
mercies, through the merits of Jesus Christ, I 
wholly cast myself, 1 had once resolved to die 
in silence ; but second thoughts of my dut^r to 
others, chiefly to uiy true and liege sovereign 
king James, moved me to leave this l>chiud me. 

I do thcrefoi-e, with all truth and sincerity, 
declare and avow, that I never knew, saw, or 
heard of any order or commission from king 
James for the assassinatiuf; the prince of 
Orange, and attacking his Guards; but 1 am 



Trial of Peter Cook, 



[SIS 



certainly informed that he, the best of kingi, 
had often rejected proposals of that nature wmb 
made unto him. 

Nor do 1 think he knew the least of the par« 
ticular design of the attacking the Guards at 
his landing, so much talked ot, in which I wm 
engaged as a soldier, by my immediate com- 
mander, much against mv judgement ; but bis 
soldier I was, and as such I was to obey and 
act according to command. 

These twelve years I have served my true 
king and master, king James, and freel v now 
lay down my life in bis cause. 1 ever abhorred 
treachery, even to an enemy ; if it be a guih 
to have complied with what I thought, and 
still think, to have been my duty, I am guilty. 
No other guilt do J own. 

As I beg all to forgive me, so I forgive all 
from my heart, even the prince of Orange, 
who, as a soldier, ought to have considered my 
case before he signed the warrant for my death. 
I pray God may open his eyes, and render him 
sensible of the much blood, from all parts, 
crying out aj^nst him, so to prevent an 
heavier execution hanging over his bead, tbao 
what he inflicts on me. 

Abibrose Rookwood. 

AAer which they were executed as tnitoi^ 
according to their sentence. 



389. The Trial of Peter Cook, at the Old-Baile}^ for High Treason : 
8 William III. a. d. I696. 



Saturday, May 9, 1(396. 

This day being appointed for the trial of Mr. 
Peter Cook, upon an indictment of lii^fli- treason 
found against him by the graii«l jury for the 
city of London, upon the commission of gaol- 
delivcr^' of Newgritc, lioldcn for the saiti city, 
upon which iodictmeiit he had been arraigned, 
aiid upon pleading not guilty, issue had been 
joined ; and the court having been adjourned 
unto this day for the trial by~public proclama- 
tion in usual manner, the court was resumed, 
and the names of the men returned to serve on 
the jury havin&f been called over, according to 
the pannel, and the defaulters recorded ; the 
court proceeded as follows : 

C7. oJ'Arr, Set Peter Cook the prisoner to 
the bar. [Which was done.] You prisoner at 
tiie bar, those men that you shall hear called, 
and personally appear, are to pass between our 
sovcrei<Tn lord the king and you, upon trial of 
your life and death ; if thereibre you will chal- 
lenji^e tlicm, or any of lliem, your time is to 
speak to them as tliey come to the book to be 
sworn, and before they be sworn. 

Cook. Sir, I desire you would not namethem 
too fast, i'or my eyes are very bad. 
CI. ofArr. John Ewer. 
Cook, Who must I apply myself to, 8ur ? I 



desire to know whether he is a freeholder in 
London ? 

CL qf'Arr, I know nothing to the contrary, 
Sir, he is returned as such by the sheriff; yoa 
had best ask him himself, he can best tell. 

Cook. Are you a freeholder in Tendon, Sir? 

Kwcr, Yes, sir, f am a ireeholder. 

C<>ok. Sir, 1 challenge you. 

Ci. of Arr. Henry SheVbrook. 

Cook. Sir, are yon a freeholder in London? 

iS/ierbnH>k. Yes, Sir, I am. 

Cook. 1 challenfi^e you. — No, Sir, 1 beg your 
panlon, I do not challenge you. 

CI. of Arr. Then hold Sir. Sherbrook the 
hook: [Which was done.] Look u|>on the 
prisoner : you shall well and truly try, and 
true deliverance make between our sovereign 
lord the king and the prisoner at the bar, whom 
you shall have in chary^e ar.cordiug to your evi- 
dence. So help you (lod. 

CI. (jf'Arr. Joseph iJillers. 

Cook. Are you a freehohler, sir, in London ? 

Biliers. Yes, I am. [Challenged.] 

CI. of Air. John Brand. 

Cook. Pray, sir, don't go too fast ? Are you 
a freeholder m London. Sir? 

Brand. \ am no Ireeholder in London. 

L. C. J. Treby. What say yoa, Mr. At- 
toraey ? 

Att. Gen, (Sir Tbonas Trefor.) Mj \aiyt 



JorHi^ TreoMu 

i bftve any body that if not a Iree- 

f«. So he waijMt by. 

Irr. William Hull. 

Mylord, I am no freeholder in London. 

r. 2Vel|v. Wb^.whateitatebaTeyoar 

What 1 haTe, ii in leases. 

L TVeiy.^ What, leases for years, or 

lives? — HulL Leases for years, Sir. 

f. Then, he cannot serre upon the 

Arr, Edward Leeds. 

Hold, sir, let me see; are yon a 
rin London, Sir? 

Yes, Sir. [Challenged.] 
Arr, Thomas Clark. 

Hold, Sir, I pray let me look upon 
r. I challenge bim. 
tder-by. He does not appear. 
Arr. Nathan Green. 

Where b he, Sir f Are yon a free- 

!. Yes, f am, Sir. [Challenged.] 
Arr. Thomas Ernes. 

Are yon a freeholder, Sir ? 

Yes, I am. 

Were yon one of sir John Freind's 
•Ernes. Ves, I was. 

Then I challeoge yon for canse, and 
on my reason. 

Dmrnall. I pray, let ns hear yonr rea- 
rs yonr reason ror joor cballeiif^. 

It is for being of sir John Freind's 

ThmalL Then you challenge him for 

Yes, that he was of sir John Freind's 

J. Trehy. Well, brother Damall, how 
I eaiise of challenge ? You are the pri* 
Donosel, let ns hear what you say to it? 
UamaU. My lord, what we haye to say 
Ibis ; here are some persons fetumed 
b pannel, that were formerly jurors in 
diat was tryed for the same species of 
that this gentleman, the prisoner, is 
1 with in this indictment ; and I think 
icsKS at that trial did mention in their 
t my client, as beinff present at those 
nsulu, about whid they me their 
t ; these gemlemen gave credit to those 
n, and fuund the verdict against the 
iieo accused. We hunrtbly 8ur>mit it to 
tddiip and the court, whether we may 
thb canse challenge this person as not 
nt, it being for the same cause and con- 
t the other was tried for. 
Gea. Sore Bf r. Serjeant i« not in earnest 
objection. 

VBmaiL My client thinks it a Tery 
section, that be is not indifferent, and! 
c sbonlfl be satisfied in it. 
Gm. If Jie thinks so, he may except 
bin ; bat if he insist upon it as a cause 
Isge, we desire you would put the 
4 my lords the judges determine it 
Dsnia//, I h»Ta trid yon what the 



A.I>. 1096. 



[SI* 



L. C. J. Treby. Bnt yoo hear the king^ 
counsel insist upon it, to bafe yon make it oul 
in point of law. 

Seij. Damall. My lord, 1 have stated tb# 
case as my client desired, and we submit it to 
yon. 

L. C. J. Treby. Well, there is nothing in it.* 

Serj. Damall Then my client, if he will 
not hare him serre, must challenge him pe- 
remotorily ; which he did. 

CI. of Arr. Francis Byer. 

Cook. Sir, are you a freeholder ? 

Byer. Yes, I am. [Challenged.] 

CI. (fArr. James Denew. 

Denew. I am no freeholder. 

CI. of Arr. Henry Hunter. 

Cook. Hold, hold, my lord, I challenge hinii 
as being one of sir John Freind's Jury. 

Mr. Baker. Nay, that was not allowed in 
Mr. Emes*s case; but you challenged him- 
perenDptorily, and so you must now, if yoa 
hare a mind to it 

Cook. I challenge him. 

CL of Arr. John HaU. 

Cook. Are you a freeholder in London, Sir? 

Hall. Yes, I am. Sir. [Challenged.] 

CI. of Arr. JohnCullum. 

Cook. Sir, are yon a freeholder in London? 

Ctf(/ttiR. Yes, Sir. [Challenged.] 

C/. e^iliT. John Cox. ^^ •" 

Cox. My lord, I am no freeholder in Lon«i 
don. 

CI. of Arr. John Hedges. 

^k. Hold, I phiy, JSir, let me look npoa 
my paper, Sir : are you a freeholder in Lon- 
don? 

Hedges. Yen, Sir, I am. [Challenged.] 

CI. of Arr. Thomas James. 

James. My lord, my name is not Thomas. 

Sher. Buckingham. He is returned, it seems, 
by a wrong name ; we did not know it. 

Seij. Damall. Then you cannot swear him. 

CI. of Arr. Thomas Poole. 

Cook. Are yon a freeholder in London, Sir ? 

Poole. Yes, Sir. . 

Cook. I challenge him, as being of sir John 
Freind's jury. 

Att. Gen. That has been orer-ruled already. 

Cttok. I challenge him. 

CL of Arr. Peter Parker. 

Cook. Are you a freeholder in London? 

Parker. Yes, Sir, I am. 

Cook. I challenfife you, Sir, as being one of 
sir John Freind's jury. 

Mr. Baker. Nay, you cannot offer it again. 

Cook. I challenge him. 

CL of Arr. George Grove. 

Cook. Where is heP Are you a freeholder in 
London, Sir? 

Grooe. Yes, Sir. [Challenged.] 

CL of Arr. Nathaniel Wyersdell. 

Cook. Are you a freeholder in l/)ndon ? 

WyeridelL Yes, Sir, I am. [Challenjrwl.] 

* See the seventh Resolution iu the Cai*c of 
the Rc0cides, Vol. 6, p. 985, and the Casa 
of Charles Cjmbume, p. %%l of this Voloma. 



S153 



ft WILLIASf m. 



Trial nfPaer CwA^ 



CL if Art. Sainiiel Blswit 

Cctk, Hold, pray, ara you a ireehoUcr, 
Sr?— B^nriY. Yet/lam. [ChalleBged.] 

CI. ^Arr. John Wolie. [CbaUeaf cd.] 

CL ^'Arr. Josepb Wolfe. (Ha did not 
appear, and was said to be no freetiolder.] 

CLi^Arr. WiUiam Smith. 

Cook. Are >'ou a freeholder. Sir f 

Smith. Yes, I am. [Challenged.] 

CL of Art, £dw-ard Fen wick. 

Cook, Are vou a freeholder, Sir T 

^tnxick. Ves, Sir, I am. 

Cook* 1 do not challenge him. 

67. oj'Arr. Then swear Mr. Pcnwiok. 

J [Which was done.] 
ooper. 

CooJT. Slay, Sir^Vay stay a little, where is 
he?— C/. id^Arr, There he'is. Sir. 

Cook, Which is the gentleman ? Areyeoa 
fivehoMer in London, Sir ?— Hwipsr. Yes, Sir. 

Cook. I challenge you. 

Hooper, I thank you, Sir. 

CL of'Arr. Nathaniel Long. 

Cook, ArejouafreehoUer,8irf 

Xsnjf. Yes, Sir. 

Cook. I challenge hin aa being ane of sir 
John Preind*s jury. 

CLofArr, The court haa adjudged that no 
cause of challenge; therefeiv I take no notice 
of it, but as to a peremptory cballeage. 

a. of'Arr. Richaid Chiswell. 

Cook. Are you a freeholder in London, Sir ? 

Ckit^iL Ves^Sir. [Cballaiged.] 

CL ofArr. John Child. 

Cook. Hold, pray, a moment ; I have not 
crossed these last in my psper, but I challenge 
this BMi Si being oua of sir J<4m Pleiad's 
jurv. 

Ur. BMker. Yoa have had that answered 
over and ewer again, as no obpectien ; it is no- 
thing but a peremptory chsllengu. 

CL ^'Arr. WiUiam Walker. 

Walker. I was one of sir John FivJud*s jury. 

Cook. I ch a l i fuge him for the same rsaaab. 

Att. Gen. Bui that is nn reason at alL 

Cook. Then I challenge him. 

CL Pf^^p^. John Wills. 

Cook. Sir. are \ou a freeholder? 

1IV//5. Yes, S'r. I !ini. [Challenge.!.) 

CLvfArr, John llibbeit. 

Cooi. Whirh is h«« Sirf 

C/. or' Arr. Ho siaiHk upea your left hand : 
the man in the black peruki*. 

CV*»fr. Are \ oil w trcelitiMer. Sir ;* 

JiM>€tt. \\*s. I am.Sr. [t Ualleiig«>d.l 

C4. of' Arr 1 >anii"l \l ra v . 

l'!ivJb. May. Nk. aw you Mr. \lra\? 

U'nijr. Yes, Sir, my lis me w >l ray. 

i 4V^-. Ate YOU a frvehokkr ui ld«ad\^a. Sir * 

irr,:^. Y.V. Sir, 

i\x*v. I chalhmgv y\iH. • 

1t''>ar« I Ihauk y«m Hir« 

CL^Arr. J%ihnlNMN. 

VoJt. Whi«ihialief 

fH%i. I aw the msB. ^^ 






CLfArr* Johnl 

Cook. I challenga him, as heii 
John Freind's jury. 

Mr. Baker. But yoa have hear 
to be an ezceptico over and over. 

Cook. I challenge him. 

CL of Arr. Stephen BkckwelL 

Cook. Are yon a freeheUer, Sir 

BlackmelL Yes, I am. [ChaM 

CL fArr. TVilUam Hatch. 

Cooii Pray give me time to : 
pray, who is this man yen now cs 

a. of Arr. WiUiam Hatch. 

Cook. Sir, are you a freeholder! 

Hatch. Yes, I am. [Ghalleng 

CL of Arr. Henij Beadle. 

Cook. Are you a mefaolder. Sir 

Beodit, Yes I «»• 

Cook. I do not ezo^t against I 
sworn.] 

CL ^At. John Stredwick. 

StredMick. My k»rd, as 1 appp 
no freeholder. 

L. C. J. IMy. Why do you a| 

Stredwick. It is my wifeVi esta 

CL of'Ar. Then your wife has ; 
seems.— iSfreiartcA-. Y'es^shehas. 

L. C. J. Trefy. That is fteehc 
lur you liave an estate for your wii 

Mr. Bakor, And after that too : 
given over to any body else, ami 
give it from him. 

Cook. Sir, are you a freeholdei 
or no? 

Strtdvick. I apprehend. Sir, I 8 

Mr. Baiter. He says he has an 
wife*s life. 

CL of'Ar. Then be is a freehokj 
you say to him ? 

' Cooi. Are you posiiire yeu are 
in London, upon your word ? 

Stredrick. 1 tfiink nut. 

Mr. Buker, Why, your wife's es 
for your lite. 

Cock. My Lord Chief Justice, i 
ship pleases, here is a man that sa, 
he thinks he is no freehoMer ; I ' 
lordship's judgment, whether he 
hohler or not ? 

L. C. J. JiYn-, Why, kt him j 
if he make a doubt uf vL 

:^:rrdrh:k. I am not possessed 
mjksrlf. 

1.. C J. Trrfv. Bu: is not y^our 
heiitrix T 
.^'•rix.ci. Y'cs, my lord, she 
L. t\ J. TnrS. Tlien you are 
fitvhoUl in her riiiht ; and, Mr. 
«mn counsel %i iH leU vou, and satis 
that » a tWehelJ su^em for this 
Mr. x^c^. His wile's faikcrsci 
her and h«r heir«. 

U C. J. Xreist. No fBertial^ it if 
fwehoM ii the wile be Sviay, 
Mr. Bb&ir, Ye«« she ia. 

aif^KWluSaPkaei. 



$ir] 



Jhf High Tttasm. 



(Mt* 1 ehalttfife btm, is being one of sir 
Ma Fiiind^ii j«ry*— Frinctf. I Itiank you, 8ir* 
C/' *f Mr* John Simmons. 
JUU 0«ii* We chftllencfe him for th« king. 
a. fAr. Biobert White, 
Oew«- Aw y©tt a freeholder, -Sir ? 
rililir. Yet, I Uiink so. 
Ca»4. Pnjr tell me whether yoti ar«, or not? 
R'Ailr. lolevfi I think so, Sir [Chftlleng^d.] 
£L^ Ar. £ilwBrd Brewster. 
Coof* WkereisMr. Brewster? Are you a 
N^older, Sift id London ? 
Btmtier. Yea. Sir. 

CsoJt. I chmUengc Kim. Pray, Sir. I destre 
likao«r How tnatiy I have challeiig|>ed f 
Mr. Baker, Yoii have challenged 33, 
C^k. How many besides those thai are of 
lir Jtibn Freiad'& ju^ ? 

Mr, B&kfr. You hare but tvro more to cbal- 
MB^e^ oir. 

9er)* JhrrmlL I thougtit you bad heard the 
QipiBMaof the court, Mr. Cook, thai it will not 
boM as a esase of challenge thai be was of sir 
ioba FVeiniPa jury ; therefore thoie are all 
ttinoug the perernptory chaMenges, 
I ye« can chaflen^e but two more in all. 
. C J. Trtby. Not without cause, hut as 
jm^nre as vou can have good cause against, 
^Ct^fAr. JaUu Reynolds. 
CWf. 1 except Bot against htm, [Was 
p^wii- J 
CI ^Ar, Joseph Brookbauk. 
C«l. f have nothing to say to hiait [He 
fiitworii,] 
CI 9fAr, Adara Bellamy* 
Mdhmy. Mv lord, I am no freeholder. 
L. C. JT Treht;. U hy, what estate hare yon ? 
Mr. Baker, He has estate enough, i know, 
fcrnkic. 
Btiimw, I bare only a lease. 
L e X Tt^by. A lease for years f 
BtUmnV' Yes, my lord, 
mfkr, David Grill 
[ V^ia^ I am no freeholder, niy lord* 

fAr, Willinm Rawlins. 
^_ 1 accept of him, [He was sworn.] 
^Ar, Samuel RoycroiV, 
Are TOu a freeholder, Sir? 
%frf^. Yes, Sir. [Challenged] 
Ci, if At, Thomas Parker. 
Coo£ How many have 1 to challenge, do 
p««y? 

Q*^ Ar, But one, Sir; What say you to 
fe Arkerf 
^Smk. I do not except against him. [Re 

^ Ar. James Robinson. 
I HaTe Qotbiug to say to him. [^e 

Joseph More wood. [Challenged.] 
Ifrr. Yo« have challenged all your 
b%«r DOW. 
- ^ At. My lord, we have gone t ♦rou^jh 
paooifl, we must now call Uie delimiters 
lin. Thomas Clark.-— C/or^. Here. 
fir B. Shamtr* Wm be here wheo be was 
I OfCf } 




A. D. 1696. [SI« 

AU, Gen, That is nothing, be is here now. 

Sir B. ShoKcr. But if there be a default of 
the jury, and the king's eonnsel hare chal-- 
lenged any one, they ought lo shew their 
cause ; therefore we desire that they may shew 
iheir cause why they chsUeoged Mr. Simnjons ? 
* L. C. J. Trcby, The king hiis power to chal- 
lenge without shewing cause till the pannel be 
gone through ; but if there be a default of ju« 
rors when the king challenges, the king^s coun* 
sel must shew cause.* 

8ir B, IShowcr. Here U a dafault of jurors, 
my lord. 

L, C. J. Trebjf^ N<»body is recorded aksp^ 
lutely a defaulter} if he c«me& in time enough 
to he sworn. 

a. qfAr. Swear Mr. Clark, [Which way 
done.] 

L. €. J. Trehy. When there is an apparenl 
default of juroi-s, then they must shew iheit 
cause : bul here his appearance^ it seem*, was 
recoi-ded, and so he was no defaulter ; and yoa 
might have challenged him for cause still. 

Ct, of At, James Day. 

Jyfy. My name is not James. 

Serj. DttrnaiL Then you cannot swear bim t 
here are three mistaken in their names. 

L. C. J. Treby. That is in the copy iu your 
brief, brother, it may be. 

Serj. J^amaU, N0| my lord, the officers ad- 
mit it. 

iff e. Gen, My lord, we desire those gentle- 
men, that say they are no freeholders, may b^ 
twom to that matter. [W hich was accord* 
ingly done. And several of them that had 
Blaj ed, did deny the liaving of any freehold 
upon oath, and some were gone away.] 

L. C. J. Trrby. Pray take care to estreat 
the issues, and return greater issues the next 
time. 

Just. Rokeby. Truly, the court must pnl 
some great penalty upon them for trifiiog with 
the court in respect of their duty that they ow# 
to the king acid country, in "regard of their 
estates. 

CI, of Ar. Pray let the officers be called who 
summoned this jury, Mr. Sherilf. [Which wa» 

t j_ ni l ! ■ 

• See the Case of Home Tooke, a. d. 1794^ 
and of O'Connor and others, a. n. 1799* 
Leach*s Hawkins's Pleas of the Crown, b. J, 
c. 43, s. 5, and the authorities there cited. Tbtt 
words of the Onlinatio de inquisitionibus (3S 
Edw. 1.) are, ** Of inquests to be taken befori 
any of the justices, and wherein our loni the 
king is party, howsoever it be, it is agreed and 
ordained by the king and all his council, that 
from henceforth, notWTtJist^^n ding it be alledge^ 
by them that sue for the k^n^, that the jurors of 
those inquests, or some of mem, be not indif- 
ferent for the king, yet such inquests shall not 
remain untakeu for ttat cause; but if they that 
sue for the king will challenge any of those 
jurors, they shaU assign of their challenge a 
cause certain* and the truth of the same chal- 
lenge shall be inquired of according to fb« 
cQstom of the cout\** 



819] 



8 WILLIAM m. 



done. And they examined concerning^ their 
sunimonin(f those who made default, and the 
issues of those, who were recorded as defaulters 
were ordered to be estreated.] 

Then the Court not hein$( able to proceed for 
want of a Jury, Uipa' ordered another paonel 
to be reatly against Wednesday next, to which 
time, at seven in the morning, the court was by 
proclamation adjourned. 

Wednesday, May 13, 1696. 

The Court Iwing met acconling to the ad • 
journment, the panncl was called over, and the 
d^an Iters recorded, and several excused for 
absence upon sickness, and bein^r out of town 
before the summons. Then Mr. Serjeant Dar- 
iiaH desired, before the Jury was called, to 
move something against the pannel ; and made 
his motion thbs : 

Seg. DamalL If yonr lordship pleases, I 
have somewhat to oner to you before you gi> 
upon this new pannel, and I confess I tiiink it 
u my duty to the court, as well^ as to the pri- 
soner, to state the case as it is, ' and submit it 
upon the reason of law, and the authorities 
that I shall offer, whether the procecd'mgs 
upon this new pannel will not be erroneous ? 
My lord, the question is, Whether, as this 
c^ase is, the prisoner has had a copy of the 
pannel of his jury by which he is to be tried, 
acconling as the late law requires ? He had a 
copy of the former pannel, and upon that 
pannel nine were sworn, and their names all 
••ntered upon record, and made parcel of the 
record. Thererorc now the question is. Whe- 
ther he can be tried upon a new panned ? We 
are in a case that rarely happens ; and in a 
case of life and death, i know your lordship 
will be careful not to vary from the ancient 
practice, or to make a new precedent, because 
of the consequences. It must be agreed in 
this case, that the old pannel upon which tiie 
prisoner took his challenges, and of which 
nine were sworn, is parcel of the record. Now, 
my loi*d, to add a new pannel, upon which 
twelve more shall be sworn, aud all this appear 
upon record, and tho prisoner tried upon the 
last pannel, will not this be error ? I oiler this 
before the jury bu called and sworn, because 
we desire to be fairly tried ; aud we design to 
rest upon the fact in this case. If it should 
appear. That he is tried upon a pannel that 
is unduly made and returned, that will be of 
evil consequence one way or other. And can 
this be duly made, if another aopear upon 
record before it ? And can any body say it is 
quashed or abated ? Or can it be so i* 31 y lord, 
in Stamford's Pleas of the Crown, p. 155, it is 
said, ** If any of the pannel die after the return, 
and before tlieir appearance, so that there ai-e 
not enough left to make the jury, yet the 
sannel shall not be quashed nor is it abated, 
but it is cause to grant a tales." And cer- 
tainly, my lord, it is a stronger caae, when by 
reason of challengef, which the law givea the 
priflOiMr liberty to maki^ that tit not taougfa 



Trial of Peter Cook, 

left, that there shall not be a new pi 
that a Tales shall be granted ; for 
pannel might be made, it cannot ap| 
were challenged, or wlio were admitt 
if your lonlship pleases to consider, I 
tion of the law in giving the prisonei 
challenge, is, that he may have an i 
jury ; but that would be prevented I; 
practice as this ; for when it has hi 
vered upon the old pannel whom th< 
chose, and whom he challenged upoi 
pannel, the persons challenged m; 
first, and those that were chosen 
omitted, or so postponed, that none 
whom he thouglit equal to try him, 
upon the jury.* And truly, my Ion 
rightly informed, that is the case 
new pannel ; some of those that 
mitteu and sworn are lefl out, am 
them, 1 think, are put last in the pan 
he thought equal men to try him, an 
whom he challenged peremptorily ai 
men in the pannel. This, my lo 
case before you ; and if this be adi 
use and end of challcnj^es, which are 
and favour of life, woiild be defeated, 
authorities in this case, besides the i 
ground of the law, many cannot be 
because it is a fact that rarely happi 
none of the ancient practisers evei 
but I find that a Tales ought to be 
so it is said in several liooks, as in 
155, 156. whenever upon the princi 
all the jury does not appear, or s< 
them do not, that there arc not enoi 
make a jury, which is our very cas 
such case the pannel shall not be q 
abated, but a Tales granted ; so i& 1 
there the question was, Wht'ther th 
be a greater number returned upon 
than were in the principal pannel ? 
the difl'erence was insisted upon, ar 
That where it is between paity 
where lifie is nut concerned, it shal 
where life is concerned, and the pi 
power to challenge 35 peremptorily 
judge may aviura as many upon tli< 
he pleases, that there may beenougb 
after the challenges ; so that if this 
be not abated, and could not be qu 
a Tales might be granted to coni 
number, I conceive the prisoner 
tried upon this new pannel, but it w 
ucous : and 1 humbly submit to yoi 
whether you will proceed upon it. 

8ir B, Sfiou^er, If your lordwhip 
spare me a word of the same side, 
mission. We think there ought to 
an Habeas Corpora, with a Tales, s 
been before swoni being to be p 
jury now, and that is tlie proper wi 

'^ In the Case of Perry and ail 
1793, in this Collection, it was dci 
whei« a special jury is onlered» th 
cial jury struck and reduced teonl 
must try the issut jointd btHrltlf 
4 




for High Treason. 

1kifriiM€f 10 hk trittl iothitciue ; the king's 
1 tfsaunot expect we shoo Id prwlace tnanT 
for I believe thi^ i-^ the n^coniJ ul" 
knt4 that ever liapi^enrd^ at least within 
ONIDary, th»t R U-i^i tn treason ivas put (iJT 
* JW© il«4^u Jiir&torum/ ihoufarh I have a pre- 
«M6fit th«t t thttik i» exprPBs iti th« rmBe\ 
hm we imist, in the tii^t pi ice, Thai a Tal««i 
dMi lie ftt cofntnon-law in the case of lifn ; 
ani so the boi^k that Mr. Serjeant ctte«l in 
SUntlbnl U express ; and then we say, that 
tbitliiwer which we expert, that we are now 
Mire justices of grao1«l« livery, is nolsutfi- 
ckit, becaitae the jiKtices «t gaol- <leh very ^ 
gh. they do not usually awartl procesii hy 
\ of writ, but Wfore r heir con[iing^» tliey 
nd the sheriff to have his county ready 
» and 80 in tact it is a parol pref vpt ; yet 
9thtm it is returned, then it is entered upon 
either * Prsceptuoi evi Vice Comiti 
*faod ireoire faceret;* or, * Ideo veniat Ju- 
*nila;* aud the jury are entered upon record : 
Ss that take it to be before Justices of gaol- 




Mifery^ yet the sheriff havincr rcturneil a 
in 

yoar eyes, in obedience to yom* coro- 



Mtmel 
atniFe 



H, and that being upon the file, as appears 



r 



!, and that copy of the }>anne1 being deli 
to us two days before Saturday lost, we 
luibly fiuhuitt it to your lordships whether by 
imsaof the common- taw, and of the late act 
«f pariiament, we ou^ht not to be tried by that 
^tttsel : weiosist upon it, that the act intends, 
lad axpreaslv designed^ that not only the pri- 
Utter ahoulif have a copy of the pannel that 
4lieiiicriflr relumed at atiy time after, but that 
WilMitld be tried by the panuel that wa bad a 
espy of at firnl ; for it is not said a copy ivties 
fmttm the court shsll think fit to awaril a 
|not|Mfor a new pan net, but the words of the 
•eiirc^ a copy of the jury duly returned bv 
tWahertflT; now this we had, and your 1 orcT- 
ibjp koows it is DOt a returned ponoel idl it 
beta court, and then it becomes part of the re- 
Conl: my lord, 1 do agree, tbejuitices in some 
iMea bare quashed aiid set asitle punnel!i^ and 
I aod ordered new ones ; and I confei>s 
wm» an e^ctraordioary case in the titue of 
dHUtlea the second^ which was upon the 
IniOt against Whitebread, whi^re, after 
iW)tiry chai^fed, and evidence gi re n, the jury 
Via disobarf ed, and a new pannel made the 
upon which Mr. Whitebiead^ 
corniced; how just or reguUr 
T will Dd insist upon itow, but 1 am 
Mm thtr^ were |fPeat complaints of that prac- 
tef ^d few preeedaots can be shewn of the 
Jilto; but be«>ides, the parties ihemvelves waved 
too objeetiao being takett against it; 
wo iosial upon it in this case, that this 
upou record, is part of the record, and so 
to Ibe court: if tiie record indeed 
to be inaile up upon a Writ of Error, 
peritapa it would be no Error, because it may 

« See in Ibis Collection^ tbeCaaa of White- 
Ivfad, fol 7, pp 79. 120. dll. And the Note 
a»v«Lr» |U497* 

\0U XII J. 




be they wouhi leave if ool ; but here itnppears 
tbeie was a pannel of record before yuu, ntul 
this must cither be quashed, or altered^ or coo-' 
tinued on by prooei^s ; you have power to 
quiL«ih ill if It he unduly returned by the ^he- 
riff. If there be any evil practices for pro- 
curing the pannel^ eiiilier by the ^vrosecutor or 
tfoe prisotier ; if there be no lreebuldcre» re- 
turned, or the same Impprn in any other re- 
fipect not tn be legally d««ne according to ihe 
command or precept of the court ; but becauj^e 
there is a default of .<ippea ranee of jurors, no 
panuel was ever quajshed upon that uccount> 
Then say we, if it be nut quashed, this paunei 
must continue ; for, what shall become of it ^ 
Why should it not continiie ? It is not witbia 
the act of parliament that gives the justices 
power to make a new pannel, as in the case of 
a grand jury when they ^^ guilty of con- 
eealments, or refuse to tind bilb upon great 
evidence, but we have no such caae betbro 
yoo« nor do I know any such rule as can reacb 
ttib I BO that, we take it, there is no diflvreneo 
between this case, as before justices of gaol* 
delivery, and other justices; that process does 
lie against the jury ibat does not appear even 
io treason and felony, there is no dispute ; and 
it is very properly so, if it be before commis- 
sinners o( Oyer and Terminer ; first, a Venire 
Faf^ias, and than upon default, a Habeas Cor- 
pora, that b tlie proper way; then take it 
before justices of gaol-delivery, there it is en- 
teretl upon record, < Praeceptum est Vtce Co- 
* miti,' Sec. and here is a pannel returned by 
virtue of this precept, atid some of the jury tlo 
not appear, and so there ace not enough to try 
the prisoner after a great many sworn aud 
challeug^cd, and this entered upon recorit 
WhatsTiall become of that patmel, it cauii^ 
be quashed nor aliated ? My lord, there ia 
case that does warrant that opinion of a Tales 
in a case of felony ; and if there may be a 
Tales, then tbere may be a Habeas Corpora, 
and there aj-e directions how the jurors shall 
be sworn again, upon their appearance on tlie 
Habeas Corpora, and that is W barton's case in 
Yelverton S3. 

Juit Powell^ jun. Do not dispute thai ; it ts 
plain f tliat a Tales does lie in felony, upon 
a commission of Oyer and Terminer ; but eaci 
you shew me, sir Bartholomew, any where 
tfiat upou a commission uf gaol-delivery a Tales 
does lie f 

Sir B. Shifwer. ISir, I can only shew the rea- 
son of the law, and 1 cannot find that does coo* 
tradict what we now contend for. 
. Ju9i,P0welL I tell you, sir Bartholomew, 
there is no Tales but with a Habeas Corpora 
to bring in tbe first jurors, and lliat cannot be 
upon a parol precept on a commission of Oyer 
and Terminer, there goes a Venire Facias, which 
ia a writ upon which the Habeas Corpora may 
be grounded, but theie is no Venire Facias upon 
a oommission of gaol- delivery* 

Sir B. Sh<mer. Why should there not be m 
precept in nature of an Habeas Corpora for a 
jury tcturoed, on a precept as well as on a wiit f 

Y 



323] S WILLIAM UL 

Just. Pore//. No, it uever was done; the 
commission of gaol-delivery is a general com- 
mission that d<^ authorize the ilicriff' to im- 
pannel, and hare a jury read v at the day ap • 
pointed fur the delivery of tne gaol to try the 
prisoners ; it dolh import in itself a g^eueral 
precept for thai purpose, before issue joined, 
which the sheriff cannot do in the case of a 
commission of Oyer and Terminer, but must 
ha?e a writ of Venu« Facias, atler issue joined. 

Sol, Gen, (Sir John Hawles.) 1u all cases 
that they cite, there is a writ of Venire Facias, 
upon which the after- process, by writ, may be 
grounded ; but here is no ibundation for any 
future process by writ, because it is only by 
parol precept. 

An, Gen, Sure these gentlemen dou\ think 
what they say ; the paniicl is not part of the 
record, and there is no record of it ; nothing but 
the clerk's entry in a paper, or note, fur bis own 
memorandum. 

Just. Rokeby. brother Damall, have you 
any book that says, justices of gaol- delivery 
must awani a talcs U|K)n default of the jurors*? 

Serj. DtirnaU, No, my lord, I cannot say so. 

L. C. J. I'rehi^, Suppose all the jury had 
been challenged, or died. 

Just. FoatlL Hiere could be no quashing of 
it, but it would fall of itself, for want of a jury. 

Just Rokeby, If, according to your doctrine, 
we must keeii to the first pannel, the conse- 
quence would be, there wouki be no trial at all. 

Sir B, Shower, Stamford makes no difference 
that I can see. 

Att» Gen, But these gentlemen have been 
told the difference upon whicli this matter is 

grounded ; a Tales cannot be without a Hal>eas 
orpora, and a Habeas Corpora cannot l»e 
without a Venire Facias ; but a commission of 
Caol-delivery cannot award a Venire Facias, 
because that is not to be awarded till issue 
joined. 

Baron PouU. The rrtiirn of thiis pannel be- 
fore justices of gaol •delivery, is an act of the 
aherifl*, by virtue oi' tiio commission, and nn- 
thing apjiears of re«'ord till the jury are sworn. 

Just. Rokthy. They object that it is upon 
record. 

L. C. J. Trcly. By tlie record, they mean 
the clerk's note. 

Att. Gen, If you please to look upon the 
indictment, there is no entry at all, and that is 
all the record hcfure you. 

Just. PoneU. Does it appear upon record, 
that nine were swoni ? 

Mr. Baker. No, there is nothing upon the 
record. 

CI, ttfAr, It does not appear till the record 
is made up, and nothing is entered till Vi are 
sworn. 

Serj. Darnall, There will be a great incon- 
venience, if a pannel may be changed at any 
time. 

Just. Powell, This is a case that never hap- 
pened before, and may be never may again. 

Sir B, Shower, The law will hold the same, 
in case it docs appear upon record, w well as 



Trial of Peter Cook, 

where it does not : but we tay, a punc 
ed in court is a record. 

Just. Powell, No, it will not; liecau 
a jury does appear, and the twelve ar 
then it lieeomes parcel of the recoi 
therefore Whitebread's case was quite 
case, and was indeed held to be an extra 
case ; but that comes not up to us, fo 
full jury was sworn, and evidence give 

Serj. Datnall, It may be the same 
not be returned. 

Just. Porccll. But if you have a coj 
jury, you are ut no mischief. 

Kerj. Durnall. Some that were in tl 
pannel arc* quite left out. 

Sher. Buckingham, There arc none 
but what were not freeholderB, that I 

Baron Poais. He says the fiict is 
as you have alle<lged it. 

hilier. Buckingham, And Mr. Serjei 
nail has been pleawd to reflect upon 
we had packed this iury, by altering t 
of the names, which, my lord, we d 
deny, and we only let\ out those that 
freeholders. 

Baron Powis, The sheriff says he 
postponed any of them, and only lef^ 
that were not freeholders. 

Serj. Darrall, If the law were as ] 
us as the fact in that case, we shoul 
very good case of it. 

^hcT. Buckingham. Mr. Serjeant 
both the pannels here ; they may bee 

Serj. Varna It. I said no harm, M 
nor meant any reflection upon you. 

Slier. Buckinfiham. Mr. Serjeant w: 
to sa}', the excepted men were put in 
and those that were sworn were put I 

L. C. J. Trtby, There is nothing 
the ohjection. 

Just. Powell. Really because it w: 
as ii reflection, it will Le proper for i 
to clear it. 

Sher. Buckingham, My lord, the 
give to it, iM, That particularly one 
sworn Ia.st time, is now at the very I 
of tlie pannel ; and, in general, they ) 
promiscuously, without any design o: 
the \eii9t. He says we have lefi out 
served before : I solemnly protest, I 
one man returned upon the last pan 
left out, unless it appeared that he u 
holder ; and we had no reason to pnl 
that we know could not serve. 

Seri. Darnall, That cannot appi 
that they are not freehoklers, 

Just, liokehy. But it appears to 
thei-etore he did well to leave them oi 

Sher. Buckingham, Whati say, I 
to give upon my oath. 

Serj. Durnall, I say there is oi 
Beadle left out, and he vtaa one 
sworn. 

Sher. Buckingham, I will not say 
ticular man ; I protest thai I dkl nol 
was letl out ; if it b« so, it was bj 
for I know Mr. Beadle f ery well, i 



3J5] 



Jbr High Treason. 



A. D. 1696. 



[3S6 



bim to be an honest man, and very well aflected 
til the gnvernment as any man. 

Serj. Darnall. We desire to be tried by men 
that are honest and well affected in the go - 
verament. 

Sher. Buciungkam, There you hare orthem. 
Sir. 

Sen. Dariuil/. Those that were sworn are put 
bit of all, and there is not abore one of them 
tbtt is within possibility of coming on again. 

Sher. Buckingham, It will appear by Mr. 
Cook's challenges, and the other pannel, that 
tbey stood late before; and Thomas Clark, 
who was sworn the last time, stands tenth 
mm upon the pannel. 

Serj. DamalL He was sworn after we had 
Sooe through the pannel, and took all our 
challenges^ not appearing at first. 

Sber. Buckingham, I tell you, tbey stand for 
the most part as they did, for ought I know. 

Seq. UamaU, There is but one in threescore 
aad ten, that can be sworn now, of them that 
were sworn before ; and there were nine of 
Ihtm then sworn. 

Att. Gen. That is a mistake. Indeed there 
are a great many added to the pannel, because 
there was a defect the last time, and therefore 
DOW they may perhaps stand later. 

Seq. DamalL 1 do not speak to reflect upon 
tbesberiffii: I go according to my instmc- 

tiODS. 

Just P&weil, if it had been so, it had been 
well enough ; for yon must be contented, thn 
court musl tike it as the sheriff returns it, and 
yoo have a copy of it. 

Att. Gen. Here are four of them that ^rere 
sworn before, that stood above sixty off in the 
oUjpannel. 

Sher. Buckingham. The first man that was 
sworn, Mr. 8herbrook, stands within the first 
twdve now, as well as before. 

Jost. Pcwell. If they had been all new, 
there had been nothing in that. 

JnsL Rokebv. Truly, I cannot see hut that 
Ihe sheriff hatn done like an equal, just, fair, 
ttd honest officer. 

Att, Gen, Th«y may challenge as they will. 

'LC. J. Tre6y.You are to consider, that this 
ha{fpeiis because you run out as far as yonr nt- 
■oil number, that time vou challenged 35 
peremptorily, and divers others for cause, so as 
Mt lo leave enough for a jury ; and from that 
time arose a necessity of increasing the num- 
ber of the pannel. 

Seij. DamalL It was our client that chal- 
lenged them, we do not advise him whom to 
chdienge. 

Just. Rokeby. But you mus^t take the con- 
Hqoehce of it, which causes this addition to 
the pannel. 

L. C. J. Treby, What do ynu complain of ? 
Tbey that are returned, are put in the same 
wier u they were before ; they that were 
sworn, were (for the most part) late in the 
pnOel then, and so they are now. I do not 
"Qd any thing done to the prejudice of the pri- 



"Od any thing d< 



Serj. DamalL If the christian names had not 
been mistaken, there had l»een perhaps enough 
to have l>een sworn. 

L. C. J. Trelh/. That is a good ar^ment for 
a new pannel, because the christian names 
were mistaken before. 

Just. Powell. It was bv defect of jurors, and 
therefore there was an absolute necessity of a 
new pannel. 

L. C. J. Trebif. I am of the same opinion. 
Wharton's case is well known : It was much 
cited as to another point in Bushel's case. It 
was a trial at the King's-bench bar at West- 
minster by a jury of Kent, upon an indictment 
of a mnnfer. And I think you say the case of 
H. 7. was between party and party in appeal. 
And I believe Stamford's discourse, in the pkct 
cited, relates chiefly to appeals. 

I shall not deny that a Tales may possibly 
be upon an indictment before justices of OyPT 
and Terminer; though it is not usual, nor d# 
you shew, or our experienced clerks know any 
such precedent. I agree, that in the men- 
tioned cases a Tales was proper ; for in both 
cases (viz. of Appeal and Indictment removed 
into the King's- bench), the process for the 
jury, was as it ought to be, by writs of Venire 
Facias, &c. upon which a full jur^ not appear- 
ing, there must be a Tales. But m proceeding 
to trial before justices of Oyer and Terminer on 
such indictment as is here, though I will not 
say but they may proceed by writ of Venire 
Facias : and the usage is, that after (and never 
before) the prisoner hath pleaded not guilty, 
there goes a precept to the sherifl, under tjie 
seals of the said justices of Oyer and Terminer, 
returnable at such da}*^ as the}' shall adjourn 
to, for returning a jury to try it ; (as was 
done lately, upon ailvice, in the Case ot Rook- 
wood, Jkc.) and upon the return of that, if, 
after challenges, there are not enough left to 
make a jury, whether those* justices shall issue 
a precept in nature of a Habeas Corpora, or 
Destring»<i, with a Tales, or another preceut in 
the same form ns before, and without taking 
.notice of the former, is a question not in judg- 
ment before us. For we are about proceeding 
to a trinl on an indictment in this court of gaoH 
delivery, (which is the court wherein generally 
all capital crimes are tried, as well at this place 
as at the assizes) and, I think, here cannot be 
a Tales ; I am sure it is not necessary. For, 
first, Here is never any writ of Venire Facias, 
'^f. Secondly, Nor ever a precept for return- 
iMgajuryto try a particular issue: but this 
cuiu-t taCes the'pannels of juries returned by 
the s'.icnlf, wiiljout any particular precept to 
him. 

The course (»f proceeding by virtueof a com- 
mission uf gaol-delivery, which is the law in 
this case, is this, viz. There is, aiifeoedent to 
th(! coming of the justices, a bitneral command- 
m«-nt or precept inai'o, in writing to theslieriiT 
bv the paid justice?:, to rvturn juries against 
tfceir comings, for the tryini^f '.fall and srogular 
prisoners in their paol, whether they have 
pleaded before, or ihall after. And tor that 




I 

I 



I 



»WltLIAM m. 



|iiirDO0c it re<)uires the sberifT to summon, out 

of Jl parts oi liis country whence the |>risoneWi 
oocne, a ^'tat miTiibcr of tV^ehoItlers not a^kin 
to the priioiieni, ta be at the time mid pUye ap- 
^obtrd for biiliJmi; the court. The sheriff, hy 
rirtue af this g^cneral previous precept, suin- 
moiifcth riinnj for jurors, and prepares divers 
screm] pan Dels of their natne«, either at first, 
or afiervvanlsj as appears necessary, and re- 
turoeili iint\ dehvert^h io one or more of these 
jMUUids, tram titno to time, as the courl does 
need, and enW for any : this, we kaovv, in fact, 
h rreqi)«mliy d^ne wheie the ae^bions of gaol- 
deliverr huta aevenl days, and there is occa- 
Bjon* Tboug'h, lu siippositMHi of law, all these 
oannels are returneilj and the triali* thereupon 
liad the farKt day of the sessions -, and, to 1»vf , 
it is intLndcJ to' be but ihat oue day only. The 
return of this precept la thus, rii. * ^xecoiu) 

* iitiua Piiecepti patct in qiiibu^dam Paneliis 

* huic prteceuio annexi^,' and the panoels are 
ftuauxud. and there are ofku filed here divers 
paoivek upon the same (reneml precept, 
til 00 ^h ^omvUmea but one. ThcKe imoncU are 
ihu^ delivered into court, and a jury taken out 
of them as 4ht^re is occasion, oaly upon a Parol 
Ai«'ard, ihat i^, barely the court's calliog for the 
^Atuey >viihotil writ or prcoept in writip^*'^ or 
giving any day for the ooing it* For this pr«>- 
^^ediugis h/mtediate, for ibespeedy delifery of 
lirtsotMfrs; and tlie entry^ after seitiug forth 
that the phioner beiafr* arraigned pleads not 
Ipoihy, i9» * Ideo immedtaio veniat iwle Jurata/ 
or * fiat inde Jurata/ Ami lliis court's being 
instituted for the spee«1y deliver^'^ of prisoners, 
W)d warnings beiog given loog before, of their 
coming, are the causes why it has been always 
hdd wittiout daubt^ that justioea of ifaoNeii* 
very inigiit inquire and try tlie same day. 

If it fall out, that by reason of defaults, 
deaths, or cliaUeoge?, there <:annol be a full 
jury had out uf a pannel, (ns here there ^vanted 
three) which is an accident that the court can- 
not kn'»w, till they haire gone through the pan^ 
oel ; I think in this case, that pannel goes for 
nothing, is utterly tost and void, and to be ca.4t 
•way i»r cancelled : for it does not answer the 
award of the court, which was to have a jury 
to try the prisoner presently. It is meant an 
efiectual pannel that shuum afford a full jury 
ol* twelve unexceptionable men ; ami every 
paoni'l that comes short in this, is to be laid 
aside as a void thing ; and then the court tak^ 
and makes use of another immediately, which 
may not be defxcient^ whereby the award is ob- 
aerved, and the present servioe dispatched, 

Ohjecti&n. It is objected, That I he old pan- 
nel is (larcel of the record i» court, and, upon 
that, nine were swuro, nnd their names are dll 
entered upi>n record j and now to add a new 
psoDCt, U]ion which iweKe shall be sworn and 
try the prisoii^-r ; all ilim appearing upon re- 
cord, it will he error. 

An$9etr. Thi.4 Objection starnls upmi two 
mwiftkfls, both aris*oM from not obNerving the 
^liitrtthco^Mftwieu preccpu and paooeU, in a 



court of Gaol -delivery and Ventre Ftottf, or 
precepts and pannels in other couils. 

1. It supposes that here wdl he two MOBili^ 
which will appear to relate to the trtlu of ihto 
prisoner, Mr. Conk, 

3. It supposes U^at both ibeM wUI 
records, nr parcel of tbo record ici court. 

[f either of these supp^ioliB tMnore to hm 
misrtake, it will destroy the «l{|eotioii. 1 
botli are mistakes. 

1, Hire is not, nor will be, nay, thcrt 
ought not to be any punnel purportiu't; to \m 
retririied for the trying ^i hit. Cook, or waf 
pBrticular prboner or prinoners. For the pre* 
cepi in this case is (not like a Venipe FaniM^ 
which always reapects a partioolar isMM'ke* 
tween parties tberehi oaniedi but) g«nenl« fo« 
quiring the shenfTto retuiu juinrs eoOQ^ !» 
try all the prisoners, not immicig any. 
the relnrn, which k the ansvver ui it by a ^ 
ne) or pannets, is a& general ; the title of ow|d 
pannel Untig *' Nomina juralor* ad triaodoA 
pro domino rege,' and no more^ or * nooMM 
joraiorum ad triandum inter ilom. Pi^gg ta it 
prisiOniir' ad harram/ without nntuing am of 
the prisoners, and it were absurd if itwcuJme 
other wee : for the precept ^(MA to tbe^ 
before the sessions, and bis retuni is 
to be made ot the beginning of the 
when it is not known who of the prtvuneri 
be indicted ; or, if indicted, who will fieii 
not guilty, or guilty, or a [HirdcMi, or «lfatr 
plea. 

When, for the trial of a .pttrticalar prinoMi 
(or divers prisoners that are tliottght fit lo km 
put iipon trial by the same juoy), a jury ia 
about to be taken out of any pannel, the< 
as he goes along, may take a note ui ^ ^ 
of the name of every one that is sworn ; nr bt 
mvkj (and usually doth) write rur. on the 
nannel, against the name of every one 
but Ihb note or mark is no part ol* the 
it is not €x instituiion€ kgit, it is but a 
tary menriorandum for the hdp of bia ni«BH 
If he could safely trust to the strength «lf 
memory, he neeil not write at all ou ihiaotf 
sioD ; I mean, not till a full jury i% f worn, i 
try the prisoner. But then, indeed, the t 

must (from bis notes or memory) write 

name of all the twelve, entering ibem omlb* 
record of the indictment, in this maimnr, ytti 
just alter the * Ideo ioMne^liat^ veniat i 
'rata coram prufatifi justic* ^. nctdtiiff, * 
•juratores juratae illius, Sec, acih A. B. Ai 
* dicunt. Sec* And it is by thisonly, that 
names of tboAe that are ewom, isoroe i 
record ; and it is this entry upon the 
the indictment ak»ne, that is tne reoQ 
shews who were jurors aworn, to try thn, 
that, or other pri«ioner or prisoners* 

So that if the okl pannel were filtit^ 
were a record, ss the |!riaoner's eeunati 
•ttppfj«e^ yet it w<Krtd not thereby be made i 
pear, that the said paaoel was relumedt 
used for, or m order to tbe thalof ibii 
tuner. 

'X. The old pannel is not filed among tiM Ji* 



;in40ji^ 



329} 



for High Treatun. 



» 



of the court, nor ouglit to be. VVittfQ 

I pannet docs not produce « jury» the 

may and lue to throw it by «i a useless 

Baty how jer they use ir, we cvnuot 

low it to be » record. It was received de l^ne 

ft is abortive and comes to nothing', Aod 

ia not every thing that passeth in court in 

lo a record, that comes to be so. A fri' 

that is rejected, 13 not reoorded. 

'nt or biU of Indictment, before it is 

i, ia not a record : And if an ignoramus be 

netunied upon m bill of indictment, it never can 

ke m iv^rd ; and thereupon, the clerks do 

■oumlimga Ihruw it away^ though sonietiines 

ijaev ^"^^ '* -nd put it on the tile, mi\y taking 

carv ; but it' they do forget to cross 

il» yt; *. .. .- . . ^ j"€coriK 

By ail this it is apparent how graat the di fie- 
rence is between a precept and pan nets in tbta 
muU >&d a Venire Facias and a pantiel re- 
tnrned thereupon, which is ever issued a1\er 
iMie joiotid, and doth always naention tlie par- 
ikalar pnflies and matter it relates to^ and is a 
Tvcsrd, ami a gmund for an If iibeas Corpora 
With a Tales, to be returnable at a certain fa- 
tore day. Buti in this case, tn this court, it iK 
qjttte^thevwioie. 

Hir B. Hk^imer, Tbpo, my lord, since there 

iisnew paimet, we hope we stand in the same 

upon I'm- art of jjerhameut, to take 

IS la t ii«?nt before this jury 

as we til Tjie other jury sworn, 

«iiee ill that ia quite aet estde. 

LC. J* Treby. Yetj ttu^y, I think th&t 

in. Oen, But thflie gaoltefnen would have 
illi0Wtll ta have given notice of their excep- 

8ir B. Shower. My lord, 1 shall not staud 
^^m^ao €9Bo«filion wliieh 1 think 1 might take 
rword * Turmai^' in tlie indictment, which, 
' it be truop^ of meUf or horsaa, or what 
iti%doe»not Hppear ; but, I think, wc have 
li exception to the chief overt-act laid in the 
Adk^ment, and that, we preanme, il'my brief 
kavigiit, will be sufficient to set aside this in* 
dictmeiit i that Mr. Cook did agree with other 
trsiiam to send Mr, Charnoc'ic into France to the 
laid late king Janics, and kin<^ James is never 
ttHMlDiMd before in all ilie iudictntent ; that is 
ilMaifption that we have, tliat there is no 
bit Iduiff «lam«e mentioned in the indictment 
Itfti^lEia. if my copy be right , if it be other- 
wiBfr, I suppose they will tiiid it : it is laid, That 
Mr. Cook di<l agree tn send Cliartioclc as a 
ma ia c nger into France, * Eidem mi per r^i 
' JacotfO/ and no * Rex Jseohub' la nientioned 
Nibre. Then there is another exception, and 
that ia this: they come and say, That wheraaa 
k a war with France, which is only in 
ueut by way of recital or rehearsal 
iry, *• Qoad cum jter magnum teuipus 
bit M modo sit,' &c, Mr. Cook, the pre- 
(knowings did compass and i murine the 
i4l«Ath| and did ail he re to the said king's 
wmtim flueb a day. Now, my lord, 1 do 
ttektel lliif tm never be maintainetJ, for 





A. D. 1696. [S90 

that ' Gum quoddam bellum/ (Sec. being an 
historical narrative, is ikfI positive enough: 
for adhi*ring to tbe king^s enemies being one 
of the treasons laid in the charge, there ought 
to be a war at the time of the adbe^iion, and 
of neoessity then that ought to be presented by 
the jury ; for though your lordships can judi- 
cially take notice of war or peace, yet you 
cannot take notice of it at such a particular 
time, and the reason is from the notion that is 
in my lord Coke in his third Institutes, cap. 
Treason ) That adhesioos to rebels is not ad- 
hesion to the king's enemies, for a rchel is not 
said to be an enemy ; but tt must be adhering^ 
to such an enemy, as between whom and the 
king there was war at that time ; and ccoae^ 
queotly it ought to be more positively averred 
in the inrlii^ment than it here is ; but as to the 
overt-act of Mr. Cook^s consulting and agree^ 
ing to send Charnock over to the said late lun^ 
James, to give him notice of what was ap-m 
upon between them, when king James is not 
teamed betbre, that can never be got over, wHti 
submisvioo. 

Mr. Baker. Jt is a mistake of your oopy^ 
sir Barthobroew Shower. 

Att, Gen* I liave looked intothe record, and 
it is *" Jacobo secundo nuper regi,' not * dicto.' 

8ir jB. Shower, Then, ^vith submission, my 
lord, they cannot try us now, for we ought to 
have a true copy of the indictment. 

Mr. Baker* Upon daomnd. Btrt you oaver 
demanded it* 

Sir B, Sfumer, *Vea, it waa demaoded. 

Mr. Baker. Who demanded it? 

8ir B, Shower. Our solicitor Burleigh. 

Mr» Baker, No, he did not ^ I gave it hSm 
ofiiciouBly* 

Ait, Utn, With submission, my lord, it u 
no objection at all, tliet their cofjy t» wrong. 
That should have been before tbe prisoner had 
pleaded; for the words of the act are, That he 
sliall have it so many days before, to enable 
liim to pleuilp and he cannot be pat to plead un* 
less he have a copy of the indictment so long 
before ; and at Uook wood's trial it was said by 
the court, it could not be alledged afWr plea 
pleaded. 

Mr, Burleigh. The copy was gif ea to m# 
publicly in court. 

SoL Gen. Why did not your solicitor coio* 
pare it with the iudi«:iment? 

Att, Gen, They might have compared it by 
the clerks reading it to them , but they will not 
admit the prisoner's solicitor to »ee the original, 
beciiuse the act expressly says they shall not 
have a copy of the witnesses names, 

8ir B, Shower. The officer is 10 deliver a true 
copy of the indictment, 

Att. Gen. No : the parly is to demand it by 
himself or bis agent, and then be is to have it ; 
and if he be denied, he ought to apply himself 
to the court, who will order I be delivery of it ; 
but we stand upon it, that they cannot take 
this exception now after they have pleaded, for 
the intent of the copy is to enable him to plead. 

L C. J. Trehy. Th^oupy^ bytheiclofpar- 



SSI] 



8 WILUAM m. 



TrvdofPettrCoolt, 



[332 



liament, is to be delivertrd to the prisoner, his 
attorney, agent, or solicitor, if they require 
the same ; ajicl here it seems there ivas no re- 
quiring- of it, hut it was voluntarily given ; ami 
now \ on have lapsed your time of making tlie 
exception of wanting a copy, by having pleaded 
to the indictment, whereby you have in effect 
admitted and declared, either that vou had a 
true copy of it, or that you did not tliink fit to 
require one ; for the use of the copy is to better 
enable the prisoner to plead. But when you 
did plead, you took upon yourself to be welt 
able to plead without the help of a copy, which 
you might have had upon the asking lor. 

Sir S. Shower, Then, my lord, there is ano- 
ther thing in the indictment, that in thb overt- 
met there is a new time, and a new place, 
and a new verb, and a new fact alledgeil, and 
no nominative case : it is alledged. That Peter 
Cook, at first, with others, did so and so : and 
then the first of July to bring the treasons 
aforesaid to effect* there et alibi 4rc. (which is 
▼ery loose, for I know not whence the venue 
must come) did truiterously with Cbarnock, 
Freind, &c. consult to procure < Diversas Tur- 
mas et Lemones, kc' to join with them in En- 
gland, ana then it comes et uUeriia such a day, 
year, and place, did traiterously ag^ree so and 
■o, and not say who : Now this is neither by 
express words, nor rule of grammar to be re- 
fenred to the prisoner at the luir ; it does not say 
* ipse idem Pctrus Cook ;' now, my lord, that 
the king's counsel thought it necessary in every 
overt-act is plain, because those words are put 
in every other clause of the indictment, in those 
clauses that go before, and those clauses that 
come after ; then if they will take it, that this 
clkuse must refer to the next antecedent, that 
will not do, for the next precedent nominative 
case is either Freind or Chamock : So that 
this is without a nominative case, and the pre- 
cedents in my lord Coke's entries 361, and all 
the other books have the nominative case repeat- 
ed, where there i$ a new time, and a new place, 
and a newfai-t ailedi^ed: Now it nii^^hi be true, 
that the prisoner at the bar might Ih; present, and 
this same treason might he tliscoursed ofand agi- 
tated, and there niifrht be a consult ahtiut this 
business ; and yet it is not necessaiily implied 
that he must consent and agree to send Char- 
nock into France, upon which the great stress 
of the indictment lies : therefore we say, these 
words having no nominative case, the indict- 
ment cannot tiold. 

Att. Gen. 3Iy lord, as to this objection, it 
will receive a very plain answer. Our indict- 
ment begins and sets forth, that Peter Cook, 
the prisoner nt the bar, did imagine and cum- 

EBss the kingN death, and did adhere to the 
ing's enemies, and these are the treasons : 
and then it sets forth the overt act, that in ex- 
ecution of the traiterous com passings, imagina- 
tions, and adhesions aforesaid, * Ipse idem Pc- 
trus Cook, together with sir William Parkyns, 
Mr. Cbarnock, sir John Freind, and others, 
did propose and contnlt to procure from the 
Frencb king fbroet toiDTadt this land ; €t uU 



terius, he and they did agree to lend Cbar- 
nock to tiie late king Jatiies. 

Just. Rokebjf. There is the fint naming of 
James the second, late kinf ^of England^ and 
there is no eidem Jacohot 1 promiaeyou. 

L. C. J. Treby, Well, that mistake is over. 
Prtiv go on, Mr. Attorney General. 

Ati. Gen. Mv lord, as to this objection of ar 
Bartholomew S»hower, be would have ipu Hem 
Peirui rei»eated over again ; and he says, thM 
we lay a distinct overt act with a diflmnt time 
and place : now that is a mistake too ; it is aol 
a different time and place, but the ssne tisH 
and place ; and it mentions thai ' cnm R. Chw- 
nock, J. Frvind, <!^c. et com aliis Preditoribai 
conveniehat, consultabat, &c.' which be ism 
may refer to sir John Freind or CbaraseK: 
but if you look into the frame of the i 
that can never be. 

Just. Roktbjf. Petrus Cook is the 
tive case that coverns all the verbs. 

Att. Gen. And there is no other 
case in all the indictments, but Petms Csil^ 
except it be in a parenthesis, and that saraillM 
rule of grammar, if there were any tbhigiiil^ 
that it must refer to the last antecedent 

Sir B. Shou-er. When it comes to the dHW 
that he did procure horse and arms, tboellit. 
nominative case is repeated. 

L. C. J. Treby, It would not have madtil 
worse, if they had made it so here ; bat Iht 
question is, whether it be necessary ? 

Su: £. Shower, Indictments ought to be |i^ 
cisely certain ; but this we say is not so. 

Att. Gen, But hens is as much ceffsiiityii 
to the person, as can be, that be did coasok 
with such and such about such things ; aai 
further, the same day did agree with UiewM 
traitors to do so and so. 

AusX. Pouell. Indictments, it is true, ooglil 
to be plain and clear ; but I do not see but hen 
is as much certainty as can he, that be did iMk 
a day consult, and further, the same day dii 
agree with the same persons. 

Sir B. Shower, Who did agree, my lord? 

Just. Pou'ili. He that did consult with tbm 
before, and that is Peter Cook. 

Atl. Gen. You would have had us to pot H 
to every verb, 1 believe. 

Sir B. Shuwer. In indictments no presomp- 
tion ought to be usi>d, hut the faots ought to be 
directly and |>o»itivcly alledged. 

Just. Pouell. It is true, there should be ao 
presumption ; and there is none here, for on-- 
tainly this is a plain usscrtiun of fact. 

L. C. J. Trcby. Here are two tilings thatsit 
set forth: First, That Petur Cook did oMCl 
with sir John Freind, sir William l^irkyns, and 
others, and then and there did consult wilb 
them, and consent to procure an invasion, and 
join an insurrection thereto. And secnndlyt, 
further with the said traitors did agree to acH 
tniarnuck into Franee. Now, what is thena* 
niinative case to this agitxnicnt 1'* Is it air Jote 
Freind, and sir William Parkyns? Thatisitt* 
possible : for they could not be said propo^li 
meet and consult witb themaelveiy vnrj iM 



Jhr High Treason. 

ith his own self and the rest. And 
larober, if it bad referred to tbem, 
re been ploni: bot here it is tin- 
VBAvh] and the seote is do more 

that then and there Mr. Cook did 
such perKms, and did coosult with 
i racb and such matters ; and fur- 
Tee with them to do thos. 
kowtr. The meaning is not to be 
strained by inference or presumption, 
It to be express and plain. 

Trcby, Nay, yon cannot express it 
INI may male a tautology of it, if 

kmetr. The fwragraph is long, my 
therefore requires the more care to 
repetitions that are necessary. 
IVeby. Yonr objection to this para- 
bat it is too long ; bat repeating the 
linative case to every verb would 
neb longer. 

{AdSMT. It cannot be understood to 
T Ck>ok without presumption, which 
lobe in an indictment, 
n. And as to sir Bartholomew Show- 
lifection, his copy is right too, and be 
le place. 

IkoKtr. You should have given me 
answer. 

n. Nay, you should have taken more 
Id have made the objection. 
Treby. Trul^, I think it is hardly 
have made this better, if it had been 
than it is. 

tmalL My lord, we think we have a 
of if, whicn we rely upon, and there- 
somuch insist upon these exceptions ; 
I duly to our client, we mention that 
think is necessary, and we submit to 
hip. 

Ar. Set PMer Cook to the bar. 
as done.) You, the prisoner at the 
e good men which you shall hear 
d personally appear, are to pass be- 
r sovereign lord the kin|[ and you, 
of your life and death ; if therefore 
I challenge them, or any- of them, 
: is to spcsk unto them as they come 
9k to be sworn, aid before they be 

Call nr John Bweetapple. 

iSmeelapple. Here. 

Ify lord chief justice, if your lord^iip 



I. jfVel^. Pray, Sir, speak out, that 
lear what yon aay : and let the Cryer 
tdamatioo for sdence. (Which was 

Ny U>nl, before the jury is called, I 
Ml, that if any of the jury have said 
Ml i am guilty, or they will find me 
' 1 shaH sofler, or be handed, or the 
•re not fit or proper men to be of the 

henhifrtinBto Mr. Raikes in the Case 



A. D. 1096. [3S4 

L. C. J. Treby. Yoa say right. Sir, it is a 
good cause of challenge. 

Just. Rokeby, That will be a sufficient cause, 
if when they come to the book, you object that, 
and be reaiiy to prove it. 

Cook. Which IS sir John SweeUpple P (He 
was shewn to him.) 

C/. ofAr. There he is. 

Cook. I challenge him. 

CI. o/Ar. William Walker. 

Cook. Sir, have yon said any such thii^, 
tbatyou believe me guilty ? — Walker. No, Sir. 

Mr. Baker, My lord, he is asking of the 
juryman the question. 

Just. Rokeiy. That is a fact the prisoner 
should prove upon him. 

Alt. Geti. My lord, he must not ask the jury 
that question, whether they have declared be* 
fore, that they will find him guilty ; that is to 
make them guilty of a misdemeanor. 

Serj. DamalL Is it any misdemeanor fbr 
roe to say, I thiuk or believe such a man is 
guilty ? 

Att.Gen. If he be summoned to be of a jury, 
and declare his opinion before- hand, it is a mis- 
demeanor. 

Serj. Darnall. But suppose it be before he 
was summoned ? 

Att. Gen, If you make any such objectioD, 
you must prove it, and not out of the juryman's 
own mouth. 

Serj. Darnall. I think any man, my lord, 
that comes to serve upon the jiuy, may be 
asked any question that does not make him 
guilty of any offence or crime, or liable to any 
punishment : Now if any of these gentlemen 
that are returned upon tliis pannel, uefore the 
summons have declared their opinion tliat the 
prisoner is guilty, or ought to suffer ; with 
submission, Uie prisoner may abk such a ques- 
tion, whether he have said so, yea or no f 

Just. Powtli. lie cannot upon a Voyer Dire 
be asked any such question. 

Just. Rokebv. It is not denied to be a mate- 
rial objection, but it must be made out by proof. 

L. C.J. Treby. You put it too large, bro- 
ther Darnall; you may ask upon a Voyer 
Dire, whether he have any intf'rest in tlie 
cause ; nor shall we deny you liberty to ask 
whether he be fitly qualihed, acconling to law, 
by having a freehold of sufficient value ; but 
that you can ask a juror or a witness every 
question that will not make him criminous, that 
is too large : men have been asked, whether 
they have been convicted and pardoned for fe- 
lony, or whether they lia\e been whipped for 
petty larceny : but they have not been obliged 
to answer ; for, though 'their auswer in the af- 
finnative will not make theui criminal, or i 



len at Maidstone, a. d. 1798, in this Collection. 
See too. Leach's Hawkins's Pleas of theCrowD, 

b. S, c 43, s. 28 ; and the objection to the earl 
Mareschal, earl of Dumfries, kird Blantyre 
and lord Johnstoun, vol. 3, np. 690, 691 of this 
Collection . See too Peake^s Law of Evidence, 

c. 3. 8. 2. art Witnesses disoreditiiig them. 



S89J 



SWULIAM m. 



jact them to puvishcneoty ^et ibey are matim 
of infainv ; and if it be an iB&moua thiiHTrlbat 
H enoufi^ to yreserve & roan froia beio^ bound 
to answer. A pardoned man is not guiky , iiM 
crime is purged ; but merely for tha re|Mpaacb 
of it, it sball not be put upon him lo anawer a 
question wbereon he will be forced to ibmwcar 
or disgrace himself. So persona hare been ex- 
cused finom answering whether they have been 
committed to Bridewell as pilferers or ragraats, 
or to Newgate for clipping or coining, &c. yet 
to be suspected or committed is only a mistor- 
lane and shame, no crime. Tlie like has been 
observed in other cases of odious and infamous 
matters which were not crimes indictable.'* 
But to keep to our case, it is true, a juror may 
be challeoged being an alien, or being a villain ; 
but where the matter apparently carries crime 
or shame, it should be proved ; the outlawry 
should be proved, and so should the being a 
vilhun. Yet that is no crime, though it be an 
ignominy. 

Serj. Darnall. But, my lord, I take this to 
he no manner of infamy at all ; theie is nothing 
of crime, nor nothing of reproach, hot only a 
declaring of a man's opinion. 

L. C. J. TYeby. Truly, i think otherwise ; 
I take it to be at least a scandalous misbeha- 
viour, and deservedly ill-spoken of, for any 
man to prejudge, especially in such a heinous 
matter. I think it is a very shameful disco- 
very of a roan's weakness and rashness, if not 
malice, to judge before he hears the cause, and 
before the party that is accused could be tried. 
But it seems, by what the prisoner says, that 
he would ask all the jurors, whether they have 
not said that he was tfuilty, or that they would 
find him guilty, or that be should be *hanged, 
or the like : which (presuming liim inuocent) 
is to asL, wbetiier they have not defamed anil 
slaiidereti him in the highest di-gree ; and to 
forcu tlieiii to discover that they havo a mortal 
hatred to hiui, and come with a malicious reso- 
lution to con\irt him : whicli, atimittiug tbey 
are not punishable by our luw, yet are things 
so detestably wicked* and so scandalous, as are 
not fit to be required to be disclosed by and 
against themselves. 

Serj. DaruaiL Pray, my lord, what is more 
common than for a man to say, before he is 
summoned to be u|ion a jury, when he hears a 
fact reported concemin<r such a one, to say, 1 
beUeve he is guilty, or, 1 am of o|iinion he is, 
and I am sure he will be hanged ? and yet there 
is no crime in this. 

L. C. J. Trtby. Truly, brother Darnall, I 
know not how you may approvenf such a man, 
but ril assture you I do not. i take the ques- 
tion not to be concerning a man's discoursing 
suppositively ; afi, if u|ion hearing news, or a 
report of clear evidence, a man should say. 
Supposing this to be true, such a man is guilty, 
anri 1 shoubl find him so if I were of his jury. 
This mii^ht not be sufficient to set aside a juror : 

* As to this matter, see Peake*8 Law of Evi- 
dence, chap. 3, s. t. 



Tnal of Pder Cook, 

For this has been a general 
the subjects upon oooaskm of this oonar 
and U imports, that if evidence alioiiU 
true and olrar, he wouM ecoaii him. 
he is, as he should be, indifttenL Bi 
man qualified fur a juror, affirm positive 
sueh a prisoner is guiliy, and that he w 
him so, whatever evideooe or proef beg 
made to the contrary ; 1 think Ikat ma 
ousdemeaBor punishable aa ao owaiuff s 
coiuraging of falshood, peijury, ami mj 
and a contempt and scandal to the jns 
the kiagdom : though I hope and bdie 
no man hath so demeaned himself. 

Just. Powell. In a civil case it won 
good cause of challenge. If a man haw 
nis opinion about the right one wayoi 
may you not upon a Voyer Dire ask hia 
ther he hath given his opmion one i 
other? I believe it may be aaked in 
cause, because he may have be«i a n 
but if you make it criminal, it camwt be 
because a man is not bound to accuse bi 
now the difference lies in the nature 
cause ; it ia not criminal in a civil cai 
roan to say he was an arbitrator in such 
and, upon what appeared before him, 1 
of such an opinion. 

Att, Gen. But, my lord, it is a differei 
to give an opinion about the right b 
mirty and perty, where a num haa been 
nitrator and ao in the nature of a jud| 
where a man is to go upoe a jury m U 
of life and death, and before the ei 
given, he declares his opinion without li 
the cause. 

Sir B. Skauer, My lord, we know sei 
the trials have been printe<l, and the oa 
several persiins mentioned, and upon reai 
the trials, or conversing about them, a 
a|«t to give their opinions one way or oth 

Serj. Da t nail. It is only an objeotkiu 
he has done it. 

Just. Rokebj/, But, brother, how ca 
ask him the question ? 

Serj. Darnull. If the court are of i 
that it is such a crime that it cannot be 
as tending to make a man accmie himsel 
infamous crime, then we submit it to yo 
1 confess we must not ask it ; but we 
apprehend that thera is either crime or i 
in It, though we think it is an ol^^iun, 
good cause of challenge. 

Baron Pouf^s. I think, thoupfh ithe nc 
a crime as infamous uj^n whieh a man 
to be credited, for that la iufiimy in the 
the luw, whereby a man is pre^odiecd 
credit ; yet however, it is a shamdul th 
a roan to give his judcrment beihie h 
heard the evidence ; and therefore I Ihu 
ought not to ask him it, to make ^ ' 
himself, if it be an opprobrious 
him. 

Serj. Darnall. Truly, my kwd, 
took it to be the rule, if* the thing i 
person returned be not criaunel nor mi 
the party that is asked ought to wwmr i 
8 



JBf} 



Jbw High Treason* 



L. C. J* Trthy, I would Ma kuow^ if you 
SMilii ask uiy of the jurymeQ this i^iieslwn^ 
bciW he be g'ailty ui all the ovioMft that n^ 
dooed hy ilie kst uct of graise, he b* b*ond 

tey, i>ar«fffil Undoiibtedty im cftonot isk 
Dj tttch question ; ao, not to any one of the i 
f Hiiilg^ thcftHa iDentiooed. 

1* C- X TMfjf. Bat 3?€t you will force bim 
t» discover m ettino (il^ it be one) ilmt i» uu par- 



lust. Fcmdl* Certtanly y0u fotoo f»r, Wo* 
thn^ for no isan ia obliged to ohax^ bntelf 
with whiit is criminal ; bat irlMtkir iNs be 
erimintl to «ay, < t believe soch a one wUI be 
'IvnitfTii^' isof aootber eonsiO«ratiost. 

Juftt. Heke^^ But I think it mosl be {MPored 
ipoN hi«i, if any objection be miiclp, 

ftr iIl ^^tfver. My lord, it will be n« easy 
Ifel^ la hno^ wvliie«c» to prove this matter, 
^riwuafore we wmM have it fram his own 

Riykehy. And il ia a very ha id matter 
jui to be put upoo pro?iu|;' every dts- 
\ that he has had about the public a^aira 
I liioe. 
rtler. Tlie rcsson of your exc«|*tian is« 
has ileehired his opiaion before-han J, 
I pafty would be JMiiffed or would ftiAirer» 
i reproach and a redaction upou a wise 
» to 00 ; and if thej can pfo?e it upon 
el thetn do it : but whether you should 
bim sucli a i|OQstioii, whether he bo a fuoi 
ort knave for the giving an opinion one way 
ir«htr, that is the quttsiioo before ua. 

8crj« DurnalL My lord, we do not offer it 
to tJie court at an objection thai be is not a wise 

dtt. Gen. But what a man does utter im* 
indciitlv. may oc« asinn a prcjodica against 
hm^ antf theretbre oiigrhtto be proved, and not 
be tu prove it himvelf, 

L, C J. Trehy, BsiieciaHy being a free- 
/lelder of London, ana taking notice of what 
%ioqe in Londeo ; and if he does take notice 
r fact, 9ind does previously give hii opt- 
I of a mnttrr which he may* be called upon 
yla '' nn mdiscnstion and a re- 

ah to I J ihiok^ a niiftdemeanon 

Uarnall. My lotnl^ J ackiiowle^lj^t; it 
ae ol htm, that in, indiftcreeUy and not 
a4 we arould hate discreet and wise 
i|ien our jtiry. 

. Comper, lly lord, Mr, 8erj. DaroaU will 

litaa Utile a thing at hs%, that it will 

to no cmnse of challenge, if it w^rc 

I proved igainst him, whidi we insiiit it 

] III hf. ii lieitig thnr objection^ and the 

t^ bound to prove it agaiiut him* 

rj 1 we think there is wore in it 

» so, because it is an unjust prejudging of a 

» beibm he is tiied and beard ; and if so, 

I a t^iiiff tliat he ought not to accuse biui- 

ftf, and ibarefore \¥t oppose the asking any 

I^itrmmiL Oor a ljaa t tep is not beontwe 
I m nfl^Qce to dedait a man^iopiiuMi vpoti 
VOL. Xlll. 



a fad retried, but because it ehews he ba 
a settled opinion against the person of bis {, 
and so he is not so ei|ual a man lo try him 1 

L»G.J. IVsfl^. And is that like an hoi 
man and a freeholder of London^ (nho ou 
to be indBihrent) to come with a settled om* 
nion against a man, when he is to be one of I 
jtiryf 

Seq. Damnll, Well, my lord, wo have 1 
beard, and submit it to tlu) judgment of ih4 
court* ' 

L. C. J. Tmby. TndT, I think il tfctlMrlt] 
both dishonesty and dishonour upon him, 
there tore these <|uestions ouc^ht not to be at' 
'Fba qoestian i» not, Wliethur a man (if ere 
such a man there were) that hatli so resolv 
aod declared shtdl be sworn? No ; he is not I 
to serve upon a jurj^. But the qtieiliQii if 
How thiK shall be discovered, hy hia own i 
or by other proof? I think it ought to be ma 
appear by other pmof, if true. A man 
tainted of fekiny, lorgeiy, false verrlict, orp 
jury, ought not to s^rve on a jury, yet he sha 
not he examined concerutng the same on 
Voire Dire. And if theris be in a court a ctipy 
of siioh judgment carelully exaoiined and I 
by bimseU; bu shall not be ftvced to aniwtrl 
whether it be a true copy ; though his 
swer could not subject him to any turtliec ^ J 
najiy. 

8ierj* DamgU. My lord, I h<*pe no \ 
man of the jury has done^ ii. 

L. C. J. Treby. I hope no freeholder of 
London is so indiscreet or so unjust. Bifl if 
any man in this pauiiel ham any puriicubrdis* 
pleasure to lbs prisoner, or he uuiniiitiereuti 
or have declared b'mistilf ao, 1 do udiuonii^li utvff 
desire him to discover so much in i^euerul \ 
for it h not fit, nor for the boooiir of tiie klng'j 
justice, that such a man sbottld serre ou 
jury, 

Serj. DarnalL We hope f»o too, IVe bop 
that aJl that are returned upon the jury nr 
discreet and impartial men. 

Ci.ofAr. Well, Sir, what siy you to thb 
grntleman, Mr. Walker. 

Cook. 1 challenge you, Sir. 

f,L of Ar, Natfiarnel l^rig. 

8ir J^. Shifwer, My hml, we tbiuk he cna^ 
ask if they have a freeliold or no \ because the 
law re([uireg that qutiUficaiioD, and the prisoner 
not being able to prove the negative, it puts 
the proof of the affirmative upon the person 
himself, 

Alt. Gen. Whatdoes sir Bartholomew maanf 
Would be have tlie jury -men bring their evi- 
dences with them te prove their freehold f 

L C, J. Trcby. No, i^ui-e, Mr. Attorney t. 
but to a&k the liuestion was allowt'd him the 
last time, and we will not deny him the ^me 
just lavournew. 

Cook. Are you a freeholder, Sir, in Loodou 
of tJie valiie of 10/. a-yesr ?^Ij)n'. Ye 

Cook. Were you oV the grand-jury wl 
the bill was found ogainst me f — Long* Ff o> ^ 

Cook. 1 ehaUongto yoa, Sir. 

U ^Ar, Yfmm CarbonelL 
Z 



S99] 



SWILUAMin. 



CarbonelL My lord, I am no freehoMar. 

L. C. J. Trehy, If bat, doci he say be bas 
DO freehold ?—C/.e!*-^- Yet, my lord. 

L. C. J. Treby. Then he muit be let aside. 

CI cf Ar. Jothiia Foater. 

Fmter. My lord, I am no freeholder in 
London neither. 

JU, Gen, My lord, we desire they may be 
•worn, whether they bare a freehold or not 

Cl.o/Ar. Hold Mr. Carbondl and Mr. 
Foster the book. [Which was done severally.] 
You shall trae answer make to all siich qnes- 
tioos asshall be aaked yon by the Coart So 
help you God. 

Att. Gen. Ask him if he hath not a free- 
hold in London ? 

CaHnnulL No, I hare not. 

CI. ffAr. Have ^ou, or any body in trust 
Ibr you, a ireebold m London of the Tslue of 
10/. a-year ?— Car6oiif//. No, Sir. 

CL SfAr. Joshua Foster, have you, or any 
in trust foi; yon, any estate of freehold in Lob- 
don of the value of 10/. a-year P 

Fattr. No, Sir. 

CL cf Ar. Joseph Billers. 

Coo/c. I desire they may be called in the 
order as they are m the pannel ; you have not 
called JobnEwen, who is next. 

CL cf Ar, I do call them in order: as for 
Mr. Ewen, one hath made oath that he is sick, 
and is not able to come hither. What say you 
to Mr. Billers ? There he stands. 

Cook, Sir, are you a freeholder of 10/. 
••year within the city of London ^ 

Billers. Yes, Sir. 

Cook. Was you of the grand -jury, Sir, when 
the bill was found against m< P 

BilUn No, Sir. 

Cook. 1 challenge you. 

CL ofAr, John Child. 

Cook. Sir, are you a frrtholder within the 
city of London ?^Child. Yes, Sir. 

Cook, or 10/. a-ycar ?— Child. Yes. Sir. 

Cfwk. Were you of the grand-jury when the 
bill was found against nie f^^Child, No, Sir. 

Cook. I challenge yon. 

67. of'Arr. Kdwanl Leeds. - 

Cook. Sir, are you a freeholder within the 
city of London of 10/. a year f 

Leedt. Yes, Sir. 

Cook. Were ]rou of the grand jury that 
found tlie bill ac^ainst me ? — Leedi. No, Sir. 

Cook, i challenge you. 

L. C. J. Treby. What question was that he 
asked him P 

CL of Arr. Whether he were one of the 
grand jury that found the bill. 

L. C. J. Trtby, A verv proper question : fur 
an indicter ought not to be a trier*. 



* This exception was allowed by Jeflferies 
C. J. in Titus Oates*s Case in this Collection 
(vol. 10, p. 1081. See too Hawk. PI. Cr. and 
Collcd)j;e*s Case as referred to in the Note in 
that page). In that Case two indictmento hav- 
ing been found against Gates, when he chal- 
lenged one tor bariiig beca of the graad jury 



Trial of Peter Cadi ' 

CL ofAr. Tlioroas Clark. 

Cook. Sir, are you a freeholder witi 
city of London of 10/. a year? 

Clark. Yes, Sir. 

Cook. Were you of the mnd jar 
found the bill against me P^^CmtA. No, 

Cook. I challenge you. 

CL ofAr. Nathan Green. 

Cook. Arc you a freeholder, Sir, witl 
city of London of the Talue of 10/. a yeai 

Green. Yes, Sir. 

Cook. Were yOu of the grand jor 
found the bill against me P— Green. No, 

Cook. 1 challieiige you. 

CL ofAr. Henry Sherbrake. 

Cook. 1 have nothing to say i 

CL ofAr. Then boid Mr. I 
book. [Which was done.] Look up 
prisoner. You shall well and truly tr 
true deliverance make between onr si 
lord the king and the prisoner at the bar, 
you shall have in charge) according t 
evidence. So help you Gm. 

[Then Mr. Sherbroke wus put into tb 
appointed for the jury.] 

CL qfAr. Henry Dnr. 

Cook. Sir, areyouaireebolderinthe 
London of the value of 10/. a year P 

Dry. Yes, Sir. 

Cook. Were ^ou of the grand jur 
found the bill against meP — JDry. No^ > 

Cook. Sir, 1 chaHense you. 

CL of Ar. Joseph Morewood. 

Cook. Sir, have you a freehold in ] 
of the value of 10/. a yearP 

Moreniood. Yes, Sir. 

Cook, Were you of the grand jtfi 
found the bill against me P 

Morewood, No, Sir. 

Cook. Sir, I challenge you. 

Cl.ofAr. Rirhard Greenway. 

Cook. Are you a freeltolder of 10/. 
in London P — Greenway. Yes, Sir. 

Cook. Were you of the grand jai 
found the bill against me P 



that found the bill, the attorney -gene 
swered ** i believe he was upon one of 
dictments, but I think it was not tbii 
wliich the Chief Justice replied, '« Bi 
were in either of them he cannot be so 
tial." Upon the Trial of Fitsharris /» 
this Collection, vol. 8, p. SSO.) Major vl 
objected to serve on tne jury, on the 
that he had in parliament voted the in 
ment of Fitzharris for the same cri 
which he was then to be tried ; but y 
this would have been a sufficient exee 
his serving was not decided. It seems 
was set aside for want of freehold in 
right. In 19 Blod. 305, it is said, tha 
Case of the King against Kirk and jC 
was grouted that some of the grand ji 
found the bill myhtbe of thepettyjvi] 
too, the Case ot Hendley wbA oCBcn 
Collection, a. d. 1719. 



fit tiifpi 7Vi0aioN« 

«|y. No, Sir. 

IVy I ehtUeiife you. 

Ir. Joha Sherbrook. 

lir, are you a fireehoider of the dcy of 

' 10/. a year f^Sherbrook. Yet, Sir. 

Were yoa of the grand jary that 

bill against me ? 

ok. No, Sir. 

Mr, I challenge yoa. 

Ir. Thomas Emmet. 

Are you a freeholder, Sir, within the 

ndoo of 10/. a year ? 

Yes, Sir. 
Were yoa of the grand jury that 
hilt agunst me ?— fmrnoi. No, Sir. 
i challenge you. 
(r. Samuel Jackson, 
iiir, are you a freeholder within the 
ndon of 10/. a year ? 
. Yes, Sir. 

Were j|oa of the grand jnrv that 
bill against me ?— /ocAiofi. Mo, Sir. 
lir, 1 challenge you. 
[r. Henry Hunter. 
Lre you a freeholder. Sir, in Lomlon, 
eof 10/. a year?— Hanr^. Yes, Sir. 
Were you of the grand jury that 
bill against me ? — Hunter, No, Sir. 
chal&nge you. 
Ir. John Deade. 

^, are you a freeholder within the 
ndoo of tne value of 10/. a year f 

Yes, Sir. 
Were you of the grand jury that 
bill against me ?—Dmc/^. No, Sir. 
challenge you. 
(r. John Cullum. 
accept of him. [He was sworn.] 
r. Thomas SfaAW. 
accept of him. [He was sworn.] 
Ir. Geoige Joyce. 
Sir, are you a freeholder within the 
idon of 10/. a year? 
irei,Str. 

Were you of tlie grand jary that 
bill against me ?—Juyce. No, Sir. 
challenge vou. 
!r. Ricnanl Young, 
hate nothing to say against him. 

[He was sworn.] 
r. John Hedges. 

Sir, are you a freeholder within the 
idooof 10/.ayear? 

Yea, Sir. 

i¥cre you of the grand jury that 
bill aniast me t^mdget. No, Sir. 
cbaUenge yon. 
r. John James. 

iiry Are yon a freeholder within the 
■doo of 10/. a year? 
Yea, Sir. 

Wen you of the grandnury that 
biB against me ?-^(sme«. No^Sir. 
I«bidloogeyoa. 
Ir. ThMDisFoole. 
Sr, .An yoq a freeholder within 



A.D. M86. 



[M» 



» yoa a irael 
arioLayetr 



FooU. Yes, Sir. 

CMt. Were you of the grand-jary tl 
found the bill against me ?^Pse/r. No, Sir. 



that 



Cook. I chidlenge you. 
TAr. Peter Parker. 



a/i_ 

Cook. Sir, Are yoa a freeholder in the city 
of London of 10/. a year ?— P/irAer. Yes, Sir. .- 

Cook, Were yo'S of the grand-jury that 
found the bill agamst me?-^ParAer. No, Sir. 

Cook. I chulengeyou.. 

CL of At. William Wilkhison. 

Wimnnn. Bfy kird, 1 am no freeholder 
in London. [To which he waa sworn.] 

CLofAr. Henry MHchel. 

Cook. Hold, Sir, here Thomas Man in lAy 
pannel is next. 

CL (fAr. There is oath made diat he is 
nek in bed. What say yoo to Mr. Mitcfael f 

Cook. Sir, Hare yon a freehokl of 10/. a 
year Hi the city of London ? - 

MUcheL No, Sir. [To which he was swon.l 

CLfAr. Rkbaid Ryder. 

Cook. Sir, Have yon a freehokl of 10/. a 
year in the city of London ? 

Ryder. Yes, i have, Sir ; but I live in a 
parish that never served upon any juries, nor 
ever did in the memory of^any man. 

CI. ofAr. But have you a freebohl of 10/. 
a year? — B^der. Yes, Sir. 

Cook. Were you of the grand-ipry that 
found the bill aeatnst me ? — Ryder, No, Sir. 

Cook. Sir, i challenge you. 

CLofAr. Richard l^mple. 

Temple. My lord, I am no freeholder. [To 
which ne was sworn.] 

UfAr. Peter Walker. 

Cook. Sir, Are you a freeholder of the city 
of London of 10/. a year?— TTo/ilrer. Yes, Sir. 

Cook. Were you of the grand-jury that 
found the bill against me ?-^Walker. No, Sir. 

Cook. I chiulenge you. 

CL ofAr. Thomas Pistol. 

PittoL I am no freehdder. [To which ha 
was sworn.] 

CLofAr. John Hunt. 

Hunt. My lord, my name is mistaken ; 
my name is William Hunt. 

L. C. J. Treby. Then you must go on to 
another. 

CL ofAr. John Hardret. 

Hardret. I am nO freeholder of 10/. a year. 
[To which he was sworn.] 

CL cfAr. John Hammond. 

Cook, Are you a freehokier, Sir, of 10/. a 
year in London? — Hammond. Yes, Sir. 

Cook. Were you of the grand-jurv that 
found the bill agamst me? — Hammond. No, Sir. 

Cook. 1 challenge you. 

CL ofAr. John Cooper. 

Cook. I accept of him. [He was sworn.] 

CLofAr. Josselin Roberts. 

Cook. Sir, Are you a freeholder within the 
city of London of 10/. a year ? 

Roberti. Yes, Sir. 

Cook. Were you of the grand-junr that 
found the bill against me f ^Roberts, No, Sir« 

Cook, I cbulenge you. . 



343J 8 WnUAM lU. 

CL^Ar. Jonathan MifskfethWMit. 
Cook, I have nothiii|r to lay agftiDsi bam. 
[He was svrorn.l 
CLofAr. Richard ChisweU. 
Cook, Sir, Are you a freehoMer wifhin tke 
city of Loudon of 10/. a year P 
Ck'uweiL Yea, Sir. 

Cook. Were you of thejrrand-jury that 
found the bill agfamat me ? — CkiswelL No, Sir. 
Cuok. I challenge you. 
C/. ^Ar. Jose^ Thompson. 
Cooic, Sir, Are you a freeholder of the city of 
London of 10/. a year ? — Thompton. Yea, Sir. 
CooAe. Were ^fou of the grand-jury that 
ibiMd the bill asainrt me ? 

Thompson, 1 was returned upon the grand- 
jnry, but did not serve. 
Cook, 1 challenge you. 
C/. ofAr. Ediwd Brewiter. 
Cook, Sir, Are you a freeholder of the eity 
of London of 10/. a year?— Bremiter. Yes, Sir. 
Cook: Were you of the grand-jury that 
found the bill against me ? — Brewtter. No, Sir. 
Cook, 1 challenge yon. 
Cl.qfAr. George Gooday. 
Gooday. My lord, I am no freeholder. [To 
which he was sworn.] 
CI, ofAr, Abraham Hickman. 
Cook, Sir, Are you a freeholder of the city 
of London of 1 0/. a year ? — Hickman . Yes, Sir. 
Cook, Were you of the f^nd-jury that 
found the bill uaainst me ? — Hitkmun. No, Sir. 
Cook, 1 challenge you. 
CI, of A r. Geoi^ Grove. 
Cook, Sir, Are you a frcehnlder-of the city 
of Loudon of 10/. a year ?— Grorc. Yes, Sir. 

Cook, Were you of the c^rand-jiiry that 
found tiic bill against me P — Groroe, No, Sir. 
Cink, 1 clmilenge you. 
CI, of Ar, Nallianael Wyersden. 
Cook. Sir, Are you a freeholder of the 
city of Loudon of 10/. a year P 
Wyersiien. Yes, Sir. 

Cook, Were you of the {jrand-jury that 
found the bill against me? — Wi/ersden. No, Sir. 
6'oo/v'. I challenge 3'ou. My lord, 1 desire 
to know how many 1 have excepted against. 
CI. cf Ar. One- and -thirty. 
I^lr,^ Bark in/t. Uij^ht, iJMrht. 
CI. t'f Ai\ SSaniuel Bkwiit. 
CoaA;. Are vou a freeholder of the city of 
London of 10/. a year ? — lUewitL Yes, Sfr. 

Cook. Were you of the cfraud-jnry tliat 
found the bill against nie? — BCtmtt, No, Sir. 
Cook. I challenge you. 
CLof'Ar. John Wolfe. 
Cook. 1 accept of him. [lie was sworn.] 
CI. of Ar. William Smith. 
Coolc. Sir, are you a freelioldor of tlic city 
of London of lOl, a year J—SmUk. Yes, Sir. 

Cook. Were you of the grand -jury that 
found the Rill against ine ?— Smif A. No, Sir. 
Cook. I challenge you. 
CI. vfAr. John IJickley. 
Bickiey, My lord, 1 don't look u)ion myself 
as a freeliohler. 
L. C. J. Trtby. Why lO^SirP 



TrM^POerCook. 



\m 



Bickley 1 have a lease for SI yem^ my 
lord, of my house, and Uiere ia a Ttry ^mt 
piece of ground acyoining to it tliat wm very 
convenient for -nie to lay to uiy lease ; there is 
no way to it but through my bouae ; it is alluBg 
that never was lelt for any thing, and it is not 
worth the building. 

L. C. J. Treby. What estate have yim in it ? 
Do you pay a ground-rent lor it P 

Bickley. M v lord, 1 bought that little piece 
of ground for the conveniency of my leaae. 

L. C. J. Treby. But did yon {Mirehaas it kt 
a term of years, or to you, and to your behsP 

Bickley, Nay, 1 bought it for ever, my loid. 

L.C. J. Treby. Then you have a frecbsid 
in it. What is the value of it P 

Bickley, Truly very little, my lord. 

L. G. J. Trehy, I do not know any Mr 
can judge of the value of it but youmtf. M 
worth 10/. a j'ear ? 

Bickley, My k>rd, I cannot value it at lOLa 
year, it never coat me 40/. 

L. C. J. Treby. Then for estate yo« ait«dl 
enough, but for value you are a little under. 

CLofAr. Thomas Gollins. 

Cook, I accept of him. [He waa swan.] 

CL <fAr, John Watson. 

Cook. I do not challenge biro. [He m 
sworn.] 

CI, of Ar. Benjamin Hooper. 

OmJL 1 accept of him. [He waa awon.} 

CI. ofAr. John Wells. ^ 

Cook. Sir, are you a freeholder of dieeiljif 
London of 10/. a year P-- Welh. Yes, Sir. 

Cook, Were' you of the grand -jiirir liMl 
founrl the bill a«rainst meP WeiU, No,ar. 

Cook. I cliallen^^e you. 

CI. ofAr, John Ilii>burt. 

Cook. Sir, atu y uu a fr(.*eholder of the city flf 
London of 10/. a year ? — Iltbbari, Yeii, Sir. 

Cook. Were you of the ^rund-jury thatlbaid 
the Bill against me ? — Hibbart, No, Sir. 

Ccok. I challenge you. 

CLofAr. Mr. Cook, you have chattoMNd 
your full number. Call Daniel Wray. pk 
was sworn.] 

CL of Ar. John Pettit. [He waa aiiMi.] 
Cner,Countez. 

Henry Sherbrook. 

Crier, One, 6cc. 

CL ifAr. John Pettit. 

CrieV. Twelve good men and true, standl»- 
gctlier, and hear your evidence. 

The names of the twelve arc as follevi: 
Henry Sherbrook, John Cullum, ThottM 
Shaw"^ Richard Young, John Cooper, Jonatktf 
Mickli'thwait, John Wolf, Thomas CoillHb 
John Waison, Benjamin Hooper, Daniel WiNt 
and John Pettit. 

CLof Ar. i Irirr, make proclamation. 

Crier. O Yes, If any one can into 
lord the king's jusiii*es, the king's 

the king's atiorniy general, or this inq 

to be taken of the high-treason whereof i 
Cook, the prisoner at t!ie bar, atandla i iF 
let them come forth and tliey shall he Uttik 
for the prisoner now stands at the har I 




/&r Hi^ Treason* 

k t mn) tM olben Ui«t are bounil b^ 

^ td Ipve eviJeooe agniust tUe jin- 

al Uk! iiar, lict Uiem coine fbrlb* and 

gi9« tUctr evklcQoe, or Ibej fod'eit their recog- 

.J. Trtby. You Haust make room far 
twelve ^nll«B>eti tbat are sworn, ihat 
llcjf m^ be at case ; sod tor lliose tlial are 
QOttworti, their aitenclnoue niav be tjuured^ 

Ci. vfAr. PeU-r Co*ik, UM up iby liquid- 

[WhWb Ue did.] Getil^ftK^Qi >'ou that are 

twom, look nuMk ihe f^riaaner, iuhI hearken to 

b» onwe. He standA iudictixl in London, by 

ibe MBe of Peler i'mikt laic of Loudou, geu- 

tbam ; fo^ thai w bereas an open and iioto- 

nim\f public and mo«t hlmt^ anil cruel war, 

Ira 4<re]it ifrhlle balk Ueu, aud it is by land 

Uil 1 . 1 ^1 OQ and nrosecukMl, by Lewis 

1*^, ag^iiioKt Ibe mosi sefcneymost 

; t excelleut prioce» our sove- 

the Third, by the grace of 

1,..^..-..,,, :icotU)»d, France, and ire- 

^ kiof « dettn^r of Ui« laith, 6£c. All which 

. ibtr i^iil Lewis ihc French king, and his 

I L' foes and enemies of 

,i( now is, William Xh/e 

Wii, A4id hih Aubji'cU ; he ike said Peter 

Cook^ a subject of the said lord the king tlial 

now iii, of this bis kiagdom of England, weJl 

bowinit the premiiei, not having the fear of 

<2«d in his heart, nor wttgfaing the duty oi' hiB 

All^^ttiiioe, but being moved and (;eduoed by 

iW maiigalion of tile deTtI, as a false traitor 

IgjUost llie said most serene, most itnld, and 

texc'»il**r't fir!'»f>e, our sovereign loril Wil* 

I tlie 'l '• king of England, his su- 

tui , ^^lulj lavirful, and uodoubled 

te oordial love, and true and due obe- 

Mflily; and aileg^iaoce, winch every 

^cct of the«aid lord tbe kins' that now i^ to- 

iSfl him oiir said lord tbe king should bear, 

* iioundiobear, withdrawiu|^; ami 

t '^tJiiiih, intiinding, and contriving', 

vyith uli hisstreiigtb purnoeiinir, aud de- 

DiDg the goverDmeot of this kingdum oi 

'and, under him our said lord the king that 

I o4* rigiit duly, happily, and very well 

Utwhed, altogether to subvert, cbouge, and 

T, and hts faithful subjects, and tiie freemen 

loT this kingdom of England, into iotolerable 

1 mtserable servitude to tbe aibresaid Freiich 

to subdue and enthral ; the iir$t day of 

' I the seventh year of tbe vei^n of our 

ord the king that novr is, and divem days 

ime%^ ts well before as after, at Londou, 

\ parish of8t. P^tet,Cornblll,iiQ the ward 

^lysely, maliciously, deviljihiy, 

ilid couipoiES, inline, and 

niispoae and intend, onr said sofe- 
tfie king that ninv is, then bis so- , 
V, rtgklfuf, and lawful brd, of attd 
bmn tbe regal state, title, honour^ power, 
^msikf enifiire^ and govenintent of this kiiig- 
ilimi 41^' fingland to depoiie^ cast down, and ut- 
ialjr de|irfTS, and ibe s^ate onr lord the king U» 
4mih and tinal deslniotion to bring* uiul the 
^^tm^^ijewm die Freiiob kiogt «y ortDi^? 




lllfil oil 



iol&rB,legi«ns, and his sut^ots, tlms klngdooi 
of Engknd to inva<ie, fi|;ht \i itk, coauuer and 
subdue, to move, incite, procuie autl assisL 
and a miserable slaughter cunoii^ iJie foilhtlu 
subjectsof our said lord kin"[ William, thrm^b- 
out this whole ktu^<lam o? Eii^^land, toJsak« 
and cause. And iurtber^ that tbe said Peter 
Cook, during tbe war atbresaid, to nit, the 
aforesaid first day of* July, iu tbe seveuth year 
abovesaid, and dirers other 4lays and times be* 
fore and ailer, at London atiiresaid, in ib^ 
parish and ^^ard afciresaidf to Uie said foc^s ajid 
enemies of tbe same our lord tbe king, did ad* 
liere and was aasisliog ; Aad his aibresaid most 
wicked and devilish treasoas» and tnutormis 
comjiossings, contrivances, intentions, and pur» 
|io$cs afoiesaid, to fulfil, perfect, and bring la 
etTect, and in prosecutiou, purformancej and 
execution ol' that traitorous udbenug, he the 
said l*eter Cook, us su b a Jalse tmlior, durk^ 
the tvar afurcsaid, to wit, (he same first day •!' 
July, in tlie year abovesaid, at London a^re- 
said, in tbe uarisb and ward oibresaid, and di- 
vers other days and times, as well before ay 
after, tliere amlekewhere in Loudun albresaid, 
falsely, maliciously, xidvisedly, secretly, and 
traitorously, and by ibree auif arms, with one 
Jlobert Chamock, sir John Freind, and sir Wil- 
liam Parky US, knights, (which iiaid Roheft 
Ckamock, sir John Freind, and sir William 
Parkyns, were Jately severally daly convicted 
and ^altainlad of high treason, in contriving and 
conspiring tbe dcalb of our said lord the king 
that DOW iii) and with divers other fidse Irajtnc* 
to the jurors unkuowrn, did ineet,|>copoae, treat, 
coni.ult, consent, and agree to procure from the 
afore.*5aid Lewis the French iaug, of \u» sub- 
jects, forces and soldiers, theu, and yet, the* 
and enemiesof our said sovereign lord William, 
now king of England, ^c. great uumbera #t' 
soldiers and armed men, this kingdom of £i|g- 
land to juvnde and tight with, and to levy, pnt- 
cure, and prepare great numbers of armed 
men, and troops, and legions againat our said 
lord the king that <iow is, to rise up and be 
formed, and with those Ibes and eneiuiea, at 
and upon such their invasion and entry within 
this kingdom of England, to join and unite, rB- 
bellion and war against our &aid lord the loMf 
that now is, within this king^dom of Eugland, 
to make, levy, and carry on ; the same our lord 
the king so, as aforesaid, to depose, and bim to 
kill and murder: And further, with the said 
false traitors, Ibe same firHt day of July, in the 
year abovesaid, at London aforesaid, in tbe 
parish and ward alo/tesajil, traitorously did con* 
jiult, consent, and agree to send the afosesaid 
Hubert Cbamook m ameaaengerfrom him4he 
said Peter Cook, and Ibe aa»ie other tr&itnv^ 
as far as, and into the kingdom of Franoe, m 
ports beyond the sens, unto James the Jiooiuid, 
late king of Eugkmd, to pro|iost' t»« biiu^ audio 
reijuest him to obtain Jjom tbe utt>re«uul Ff«n(ih 
king, the»alafaaBid«dklienifmd armed men tor 
the invastfin aiaaasaidiio be made, and lutelli- 
gence and notice of sudi their traitorous inteo- 
iiioMi attd4ulheriupsto tbu>nid kleking James 




347] 



8 WILLIAM m. 



Trial qfPeler Cook, 



[S* 



the Second, and the said other foes and ene- 
mies, and their adherents, to give and shew, 
mnd them to inform of other things, particulars 
and circumstances thereunto referring, for the 
assistance, animating, comforting, and aid of 
the said foes and enemies of the said lord the 
long that now is, in the war aforesaid : and to 
stir up and procure those foes and enemies the 
readilier, ano more holdly this kingdom of Eng- 
land to invade; the treasons, and traitorous 
contrivances, compassings, imaginings, and 
purposes of the said Peter Coolc aforesaid to 
perfect and fulfil ; also the same first day of 
July, in the seventh year abovesaid, at London 
aforesaid, in tlie parish and ward aforesaid, he 
the said Peter Cook, divers horses, and very 
many arms, guns, muskets, pistols, rapiers, 
and swords, and other weapons, ammunition, 
and warlike matters, and military instruments, 
folsely, maliciously, seCVetly, and traitorously, 
did obtain, buy, gather together, and procure ; 
and to be bought, gatheretl together, obtained 
and procured, did cause, and in his castoily had 
and detained to that intent, to use the same in 
the said invasion, war, and rebellion against 
our said lord the king that now b, him our 
said lord the king, of and from the regal state, 
crown and government of this kingdom of 
England to depose, cast down, and deprive, and 
him to kill and murder ; and the designs, in- 
tentions, and all the purposes of him the said 
Peter Cook aforesaid to fulfil, perfect, and ful!y 
to bring to effect, against the duty of his alle- 
giance, and against the peace of our said sove- 
reign lord that now is, nis crown and dignity, 
as also against the form of the statute in such 
case made and provided. 

Upon this Indictment he has been arraigned, 
and thereunto has pleaded Not Guilty, and for 
his trial hath put himself upon God and his 
country, which country vou are ; your charge 
is to inquire whether he be guilty of the high 
treason whereof he stands indicted, or not 
guilty ; if you find him guilty, vou are to en- 
quire what goods or chattels, lands or tene- 
ments, he had at the time of the hip^h treason 
committf'd, or at any time since ; it yon find 
him not guilty, you are to enquire whether he 
fled for it ; if you find that he fl<*d for it, you 
are to enquire of his ^004ls and chattels as if 
you had found him guilty ; if you find him not 
guilty, nor that lie did fly for it, you are to say 
so, and no more ; and hear your evirience. 

Blr. Mmnpesson. May it please your lord- 
ship, and yon gentlemen that arc sworn, this is 
an indictment for high treason ot^iust Peter 
Cook, the prisoner at the bar, and the indict- 
ment sets forth, that whereas there lias been an 
open and cruel war for a long time, and still is 
between his majesty king William and the 
French king ; Uie prisoner at the bar not 
weighing the duty of his allegiance, the first of 
July in the rth year of the king's reign, did 
compass and intend to depose and deprive the 
king of the title, honour, and dignity of the 
imperial crown of this realm, and likewise to 
put the king to death, and did adhere to the 



king's enemies ; and to fulfil these treaMHia. b 
did consult with Chamock, and several oihe 
traitors who were mentioned there, and some o 
whom have been found guilty of treason, ani 
executed for it^ to send over to the late kioj 
James, to persuade the French kin? to seo( 
over soldiers and arms to invade this kingdom 
and to raise an insun^ection and rebellioo in il 
and to deprive and put the king to death ; ani 
to complete these treasons, it further sets fortb, 
that the prisoner at the bar did provide several 
arms and horses, and this is lain to be agaioH 
the duty of his allegiance, against the king*! 
peace, crown and dignity, and against the fona 
of the statute in that case made and iirovidfd; 
to this he has pleaded not guilty, and lor UM 
put himself upon the country ; and, gealle- 
men, if we prove these facta laid in tbeiodlet- 
ment, it is your duty to find him guilty. 

Att. Gen. May it please your lordsliip, sid 
vou gentlemen ot the jury, the prisoner aldw 
bar stanils indicted for high treason. 

Cook. My Lord Chief Justice, ifyourlorf- 
ship pleases, before the witnesses are eisnin- 
ed agamst me, I intreat you that they msysil 
be both in court together, that one may not bar 
what the other swears, though I suppose it ii 
the same thing ; for they have been tsgeibff 
both now and the last day. 

L. C. J. Trebi/. Mr. Cook, I roust tdl ym, 
it is not necessary to be granted for asking ; lir 
we are not to discourage, or cast any i 



upon the witnesses, when there is notkiif 
made out against them ; but it is a fovoar tksi 
the court may j^rant, and does gram sometioMi^ 
and now does it to you ; though it be net «f 
necessity ?* They shall be examined apart, btf 
at present this is not the time of examinslioa: 
for the king's counsel arc now to open the evi- 
dence before they examine the witnesses; bat 
when the time comes for the witnesses to k 

* It is noticed bv Mr. Peake, Compendial 
of the Law of Evidence, ch. 3, s. 6, in a Nslc^ 
that it appears that the present practice of «- 
deriug witnesses out of court during the mo- 
gress of a cause, so as to prevent them mm 
hearing the testimony of others, is very aocint; 
and he cites from Forlescue de Laudibus Le« 
gum Anglis, c. 2G, the following passage: 
*' Et bi necessitas exegerit dividantur tesM 
hujusmodi donee ipsi de|)osuerint quicquid fe- 
lint ita quod dictum unius non doceoit autooa" 
citabit eorum aliuiu ad cousimiliter teatificu* 
dum." 

Sec, also, 1 Siderfin, 131. 

In the Case of captain Thomas Vaughan, ■ 
this same year 169G, in this Collection, il a 
said, that a prisoner cannot insist as on a rigkl 
on the removal out of court of the witM 
for the crown during the examination of i 
other. 

Mr. Peake (ch. 3, s. C), omita not to i 

the advantages of examming witnesseaifttkl 
absence of each other: which, indeed, is.iMi 
illustrated by the ancient narrative in ^ Afft 
cry pha, of Susaonali and the EUen. 



^«9] 



for High Treasdn. 



|Sl«d and examined, the court will, in favour 
I], take care lUat your request becomi^ietl 

f. Gen. May it please your lordship^ the 

OCT stands indicted for hi^h treason, id 

'd^ and imagining' tlie death and de- 

of bis majesty, and likewise in ad- 

J to bit majesty's enemies ; tiiese are the 

oni specified in the indictment : the overt 

that are laid to prore these trea^ns are, 

ribtt he, with several other traitors named in 

. fbe indictment, did meet and consult and agree 

I ti send oirer Charnock into France, tu invite 

Ibe French king- to make an invasion upon the 

hiflgdom, and did provide arms fur that pur- 

jam. 

Gentlemen, the nature of the evidence that 
jttH will have prviducetl to prove the prisoner 
giilty of tbe^ treasons lies thus : It will ap- 
p(tr UiyoQ, that there has heeo fur some time 
iMQSptrscy carried on by several traitors, and 
wicked peiiions, to subvert the estAblicihed go- 
Hmtient of this kingdom, and destroy the 
I cooitjtution of England, by a foreijtn^ invafiion 
ofthe French. You will hear that this con- 
ipincy was laid wide, and consisted of several 
]«rti ; on<! part was that of assa&sinating hia 
Q^^y's royal person, and that was to be done 
fim, ss a preparation and encouragement to 
4fce French to invade the kingdom: the other 
fVt was the inviting the French king to invade 
1 tlie prisoner at the bar is accused of be- 
Doerneii in thtt part that relates to the 
I of thrti kingdom by a French power ; 
ngb it may be the other part, that of 
naihig the Kin^, he the blackest part of 
iincy» yet if the prisoner at the bar 
, engaged in the inviting a foreign 
to inva^le the kingdom, my lords the 
I will tell you, in pomt of law, that is as 
I overt-act of the compassing the de- 
I oflbe king and the people of England, 
i flubvennon of our ancient good consti- 
lifllMi, as if he had been concerned immediately 
ttike other part, the assassination. 

hut now, gentJ«;men, that the prisoner was 
eij^ged in inviting the French to invade us, 
?0Q irtll bear proved by several witnesses, that 
tbcie baving been a design last year, just be- 
ft«t bii majesty went to Flanders, to eicpoae 
^OVQ pevaon for our protection, and the pro - 
ttetion of tbe liberties of Europe, there was a 
CQQlpiinicy to murdar him betbre he went to 
Flmdem, which, it seems, they were not ripe 
for then; hut immediately after he was gone 
laFbadeim, you will bear there were forma) 
tenittl^ of several gentlemen and persons of 
ftali^, among ivhom the priiioncr at the bar 
iru one: there was a meeting in May, last 
. mUer the king was gone to Flanders ; and 
(at the Old Ring^s-Head in Leaden- 
and there were present my lord ot 
ary, mr lord Montgomery, sir 'William 
a, sir John Freind, Mr. Charnock, (all 
I three last have suftered the punishment 
i law for their treason already) and there 
^ftlM Ml* Cook, the prisontr at th^ bar, 
4 



jlilgiav 




A. D* 1696. [350 

Mr. Porter and Mr. Goodman ; these men did ^ 
meet together, to consider of the best ways aaj 
means of encouraging and inviting the Frendt ' 
king with an armed force to invade this kiag- 
dom ; they considered that that wa^ a propei; 
opportunity, and did treat of several arguments 
that might persuade to it : First, That the king 
was gone to Flanders, and so was not in persoi| 
here to defend us ^ and that the troops, to maktt>. 
good such defence, were in a groat measure ' 
drawn thither, to assist the allies againit the 
French power; they did think likewise that 
at that time there was a great discontent and 
dissatisfactioQ in the nation, though T think ia * 
that they were greatly mistiiken ', and I believe , 
and hope they will always find themselves so^ 
to think that the people of England are so liUl^ J 
sensible of that which is the meauH of their pre*^ 
serration, as to hearken to any disconteuls to ] 
encourage a French power to come into Eug^ i 
land to destroy oor religion and liberties ; tba| ] 
indeed they did apprehend, though tliey werf ^ 
mistaken, and I believe they always will, wbea , 
they go upon thot ground, 

fientlemen, These persons thinking tbta ft { 
proper opportunity, did a^pree to send a messeiir J 
ger into France upon tins message, To go t^^ 
the late king James, and persuade him X» . 
desire and prevail with the French king to 
assist him with ten thousand men, 8,000 foot,-] 
1,000 horse, and 1,000 dragoons; and to en* f 
courage him, they promised their assisiaoctl 
here, as soon as lie came over ; and under* 
took, that between them they could furnish | \ 
and would raise 2,000 horae to meet him it 
hia landing, and join upon aucb an invasion. 

Genllenien, At this meeting this was agreed 
upon by all iJiat were there, whereof the pn« 
soner was one ; and they did agree to send ' 
Mr. Charnock ; (who has since been ejcecuted, i 
and a principal encourager of the design, and ^ 
actor in it) he was the messenger that was ap- 
pointed to go ujMiii this errand, and Mr. Chat- 
nock was resolrefl to go ; hut desired another I 
rotating of these gentlemen, to kuow if they ^ 
continued ia their former resolution, that ht J 
might have all the assurance that was rea;-^] 
son able to give the French king encourage-T 
m en t to make the invasion: accordingly ano*^ 
Iher meetiog was bad af moat of the s 
persons that were at the meeting before ; par- ^ 
ticularly the prisoner at the bar was at tbatl 
second meeting, which was in Covent'Gac>i 
den at one Mrs. Mountjoy's, who ke^paj 
a tavern nei[t door to sir John Fenwick'f ] 
locrgii^s ; there they met upon the same^ 
design, and upon consultation had, and the] 

auestion asked, they did agree to contiuue inj 
le former resolution ^ and upon that im^i 
mediately Mr. rharnock went into FrancetJ 
to aohcit forces from thence to invade us j 
but it happened, as it seems, that the Frenc 
king^a forces were otherwise employed, 
that he could not spare so many at th^ 
time ; and this return wa^ brougiit by Char- 
nock to the gentlemen that employed himj 
that be bad 8pok« with tbt Iat« king, vvbo gavr * 



»l} 



8 WILLIAM 111. 



[SSi 



him tbtt iDSwer, That the French king could 
not tnre so miiny men at that time, but he 
IbanKed them for their kindness. 

Gendemen, this will be the nature of our 
efidence, to slicw, that the prisoner at the bar 
was eoneemed in that part of the conspiracy 
irhich relates to the French iiirasion ; and if 
he be guilty of that, in point of law, be is as 
much guilty of the conspiracy to depose and 
murder the king, as if he had been concerned 
in the other part of assassinating his royal 
person ; and 1 believe nobody can think, that 
those that were to act in tne assassination, 
would have attempted to engage in such a des- 
perate design, if it had not been for the encon- 
ngement of the French invasion that was to 
second them afterwards, if they suct*eeded ; so 
that nobody can extenuate the crime of the 
iavaaion, because as to the horridness of the 
attempt, it is less black than the other ; they 
■re both crimes of a very high nature, and 
equally hi^h-treason ; and if we prove the 
— i J. gruilty of this part, we hope you will 



ind him guilty. 

Oen. My lord, we will call our mt- 



Sol. 



and prove the matter, as it has been 
opened. Call captain Porter and Mr. Good- 



Serj. Darnall. Now, my lord, we must de- 
wln that that may be done which our client 
desired before, and whidi yonr lordship was 
fiivourably pleased to promise, that the wit- 
nesses may be examined apart. 

L. C. J. Treby. Let it be so : who do you 
beffin with ? 

Sol. Oen. We begin with captain Porter, 
ray lord. 

L.C. J. Treby, Then let Mr. Goodman witli- 
draw. 

Mr. Baker. T^etMr. Goodman go up stairs^ 
and we will call him presently. 

Sol. Gen. Swear captain Porter : [wliicli 
was don*e.] Captain Porter, Do you know Mr. 
Cook, the prisoner at the bar ? 

Cant. Porter. Yes, my lord. 

Sot. Gen, Do you remember a meeting of 
some gentlemen at the King's-Head-tavern in 
Leaden-hall-street ?'^Porter. Yes, I do, Sir. 

Sol. Gen. Then pray, give an account of the 
company that were there, the time when, and 
what passed ? 

Porter. My lonl, the last year we had two 
meetings ; the first was in May, the other was 
the latter end of May, or the beginning of 
June; the first was at the Ring*s-Head in 
Leadeiihall -street ; there were my lord of 
Aylesbury, my lord Montgomery, sir John Fen- 
wick, sir John Frcind, sir WfUiam Parky ns, 
Mr. Chamock, Mr. Cook, and myself; Mr. 
Goodman came in after dinner ; at this meet- 
ing it was consulted which was the best tvay 
and the quickest to restore king James, ami 
hasten his return into England; several dis- 
courses and proposals there were; at last it 
was agreed to send Mr. Chamock to the late 
king, to borrow of the French king 10,000 
men, 8,000 fcot, i,000 hm^t aod 1,000 dra- 



TridofPaerCookt 

goons, to he sent over into England ta aaisttbi 
ling's restoratMMi. Says Mr. Charaaek there- 
upon, This the king can do without your vend- 
ing, and I would not go upon a ibohsh emsd. 
Wiiat will you do to assist in this matter? Hie 
com))any desired him to promise king Jamo^ 
that if lie would send word when he hioM 
and where, they would be sure to meet him at 
his landing with a body of 2,000 horse. 

Att. Gen. Was the prisoner at tlie bar ii 
the company, and present at this icsolulioo F 

Porter. Ves, he was. 

Att. Gen. Did all the company agree la it f 

Porter. Yes, they dki. 

Att. Gen. What signs were there ef Ibdr 
agreement ? Did they stand up severally sad 
declare their agreement, or liow ? 

Purter. Mjr lord of Aylesbury and ar Jskt 
Fenwick did rise up, and deairedcaptaia Cbv^ 
nock, that he would go upon this etrand : m4 
when the question was asked severalWsf il 
there present by Mr. Chamoek, wheuflr lis 
might assure the king of what they bad M 
him? every one said, Ysa, you may; mI 
Mr. Cook kneeled indeed, upon a chair, mk 
said. Yes, you may. 

Att. Gen. Did lie give his eonaeattoitF 

Porter. Yes, he answered 14 tboaa wiy 
words. 

Sol. Gen, Do you remember any 1 
of any company at Mrs. Mount|oy's * 

Porter. Yes, that was a aeoonif BMete. 

Sol. Gen, I^y tell my tord and the jay 
how you came to meet there then, what wth 
pany were tlicre, and what passed ? 

Porter. Mr. Chamock ilesircd another nett- 
ing, to see if the gentlemen kept to their feraMr 
resolution ; and we met at Mrs. Mooatjiy^ 
eight or tea days after, and there were rasit tf 
the company that was at the first meeting, sii 
there all that were present did assure Hr. 
Chnmock that they kept to their first vas> 
lution, and would abide to what was agitti 
upon at the ft>rmer meeting. 

Att. Gen. Who were present at the ssflsal 
meeting P 

Porter. The prisoner at the bar was theiaik 
that second meeting. 

Att. Gen. What was that second meeli|[ 
for, do you say ? 

Porter. It was to give Mr. Chamock &h 
surancp, that we were agreed to stand bytbi 
resolution taken at the first mcethig. 

Att. Gen. What did Mr. Chamock do sA«- 
wards? 

Porter. I went away from them; thcieaii 
sir William Parkyns, sir John Kreind tA 
captain Chamock went to the QueenVH«l* 
tavern in Fleet-street, and captain ChanNdk 
teld me he would go in two or three days, flii 
I believe did so. 

Att. Gen. When did you see hfm ttHth 
wanis ? 

Porter. When I was a prisoner upoa #i 
account of the riot in Drury-Lane ; abaal i0f 
or three days after I came to Newnftl ii 
came to see me^ and said he liad Mili 



Jbr High Treason* 

aadthat kin^ James tlianked us for our 
T, bal ibe French kiii||^ could not spare 
r men that year ; and he toid me he 
I with my lord of Aylesbury, and the 
le gentlemen that had employed him 
nr* and had delirered them the several 
I thai he was ordered to from the 

J. Treby. Captain Porter, who were 
U the second meetins^, do you say P 
f. M^ lord of Aylc»bury, sir John 
sir William Parkyns, captain Char- 
[r. Cook, and myself; I cannot tell 
my lord Mont^mery or Mr. Good- 
ie at that second meeting, or no. 
wen. Captain l^irter, 1 would ask you 
qnestioQ : you were concemc<l in the 
ition with those other persons tl^at en- 
I it ; Pray, what safety did you pro- 
^'ouraelres after the assassination was 

r. My lord, 1 asked sir George Bar- 
a wc should do afW the fact was com- 
says he. You need fear nothing, I 
iway that nifi^ht, I have a ship ready, . 
king will be landed in five or six days 
ds ; if you will but keep yourselves 
so many days, all will do well. 
en. If the prisoner or the counsel will 
any questions, my lord, they may 

Shower, Pray, Sir, can you recollect 
le of day this was that this debate and 
D were had at the Old King's- Head 
nhall-street ? 
*. Truly, sir Bartholomew, I cannot 

SkoKcr, Pray, by what means do you 
that this was in the month of Nay ? 
'. Because capt. Charuock was ah- 
ihe Dog-tavern riot, which was the 
fune. 

Shower. Was it not in April ? 
'. No, Sir, to the best of my remem- 
was in May. 

Shower. What makes you think it 
[ay rather tlian April P 
-. I have told vou. Sir, because both 
I were hetbre tne Dog-tarern riot, the 
luiie, and Blr. Charuock was not there 
me ; but he told me afterwards he had 
?rance, and there were eight or ten 
urence between the two meetings. 
len. My lord, if they have done with 
rouM ask him one question, to settle 
ter in point of time. Capt. Porter, 
! king gone to FUmders when you had 
ctino^sP 
-. The king was gone, Sir, before the 

(Big. 

rca. The king did not go till several 
llaT ; was Mr. Goodman there P 
\ Ha was at the first meeting, but I 
nil whether he was at the second 

DtsnMl/. Prmy, what time was Mr. 
■ ihare si tlw first DIM 



A. D. 1696. 



[S54 



UII. 



tmMtingP 



Porter. He came up after dinner at the first 
meeting. 

Mr. Baker. Then call down Mf. Goodman. 
[Who came in and was swoni.l 

1S0/. Gen, Mr. Goodman, Pray will you 
gfive ray lord and the jury an account what 
vou know of an intended invasion upon this 
Kingdom ^ what were tlie circumstances of it, 
and who were concerned in it. 

Goodman, My lord, about the middle of 
May last, or thereabouts, captain Porter sent to 
me, and toid me there was a meeting of some 
gentlemen of our acquaintance at the King's- 
bead in Leaden hall-street; and he desired ma 
that I would be there, because it was about bu- 
siness : i told him I did not know whether 1 
could be there at dinner ; but however I would 
not fail of coming thither after dinnrr ; and 
accordingly I came. When I came into the 
house, I sent up my name to captain Porter, 
and he came down and brought me up stairs, 
and there I saw my lord Mont^mery, my lord 
of Aylesbury, sir John Fenwick, sir William 
Parkyns, sir John Freiud, Mr. Charnock, and 
that gentleman at the bar, Mr. Cook : when we 
were there, the discourse was, that wc did 
think king James's coming was retarded, and 
we would do any thing to facilitate his rcsto* 
ration. 

Cook. My lord chief justice. 

L. C. J. Trc^jf. What say you, Mr. Cook? 

Co(ik. My lord, if your lordship pleases, I 
desire the jury may not be talked to by any 
body ; and I understand there are some talking 
with the jury. 

L. C. J. iWln/. Vy upon it! we will lay 
any body by the heels that do so; they must 
neither be disturbed, nor instructed by any bf>dy. 

Cook. My lord, I am informed there was 
somebody talking to them, and telling them 
this was the same case with sir John Freind. 

L. C. J. JVehi/. Do you but shew us the 
man, and we will find another place for him ; 
we will send him to the gaol, I will assure you. 

Mr. Burleigh. This gentleman, my lord, 
did hear such a discourse to the jury (pointing 
to a gentleman there) who stood up. 

My lord, I cannot |>ositive1y swear to tlie 
man, but I did hear some discourse that it was 
the same evidence as in the former trial. 

L. C. J. Trebi/. If you can shew us who it 
was, we will take care to punish him : I sup- 
pose he stands corrected ; and if we knew who 
he was; he should stanil committed. ' 

Att. Gen. Pray, Mr. Goodman, begin again, 
and tell what passed at that meeting, bemuse 
the jury were interrupted from hearing by peo- 
ple's buzzing about them. 

Goodman. My lord, when captain Porter 
brought me u^) into the room, I told you wliat 
gentlemen I tound there ; after we were set 
down, there was a consultation, that consider- 
ing the Freneh king's wars rcurded the affair 
of sending back king James, and the means of 
restoring him to the crown, it was fit we should 
find out some way or method to facilitate 'his . 
restoration, and it was thought convenient to 



?55] 8 WILLIAM IIL 

bave a messenger to send orer to kio^ James 
witli proposals for that purpose ; to this effect, 
as near as 1 renoember, That if king James 
could prevail with the French kiog^ to fumisii 
]0,000 men, whereof 8,000 to be foot, 1,000 
horse, and 1,000 dragoons, we would endeavour 
10 meet him at the head of as many horse as we 
could raise, to sustain those forces at their land- 
iu,:; : this was debated in order to come to a re- 
solution ; and much difficulty there was how 
many the number should be ; the man pitched 
upon to be sent, was Mr. Chamock ; and ailer 
some debate, how many thousand horse could 
be raised : says Mr. Charnock, do not let me 
go over upon a foolish errand, but let mc know 
what I have to say exactly : thereupon it was 
concluded by all, that 2,000 horse should be 
the number we could promise, and the king 
might de|>end upon them ; and if we brou^t 
more, so much the better ; and sir John Fremd 
said, I believe he has so many friends here, 
that if he came himself, he might be welcome ; 
but that wo did not think fit to trust to ; and 
nobody would advise any such thing. When 
the resolution of the thing and the number was 
thus fixed, Blr. Clinrnock asked, whether it 
were with all our consents P and that he might 
assure the king, tliat this was our resolution 
thereupon ? We all rose up, and said to htm, 
Ves, you may, yes, you may, every one par- 
ticularly ; an(l I remember one thing particu- 
larly concerning the prisoner Mr. Cook, that 
• he Kneeled upon the chair when he said. Yes, 
you ma}' ; and his elbows were upon the table: 
this is a^l that I know of that meeting. There 
was to be another meeting, as captain Porter 
told mc ; but I had business in the city ; but 
whatsoever he ]>roniised on my behalf, as to 
the quota of men, I would be sure to make it 
^'ood ; and I was not at the second meeting. 

Att. Gen. Did you see Mr. Chaniock af- 
tcrwanls ? 

Gcodman. \es^ I did, when he came back ; 
;:nd he told luo the thing was not acccptetl, for 
ihc French king could not spare men, and that 
lie had he«".i xsllh the several gentlemen to carry 
them tilt' compliineiits that ho had in charge 
from king James, \*horeturnid tlicin thanks 
fur their j;ood aflcciion ; and, ainon'^f the rest, 
U6 did M)t> tiie honour to return me thanks too. 

Sir B. SfMU'cr. Pray, Mr. Goodman, let me 
ask you a question : \vhen was it that you saw- 
Mr. tharnock after thiai* 

Goodman. It was in Arundel-street, at his 
lodgings. 

8ir h. Shoticr. But I ask you. Sir, when 
It was? was it before or after the 10th of 
June? 

Gootlman. It was after the 10th of June, Sir. 

Sir B. Shtncer. How long after, pray ? 

Gaodman. I believe it was a month after tlie 
10th of June. 

Sir B. Shotrer, Did you see him here in 
England bttbre Mr. Porter was discharged 
from the riot, and came out of Newgate ? 

Goodman. I believe I did eee him before 
•aptftin Porter waa diicbacged, long. 



Trial of Peter Cook, 



[SSS 



Serj. DarnalL Who were the peisous tint 
were present at that meeting ? 

Goodman. My lord Blontgomery, my lofdtf 
Aylesbnry, sir John Fenwidc, air John Frdod, 
sir William Parkyus, Mr. Chaniock» captiia 
Porter, and the prisoner at the bar, Mr. Cook. 

Serj. DarnalL Were you at dinner with 
them. Sir ? 

Goodman. No, I came in after dinner. 

Serj. DarnalL Pray, what house was it, 4k 
you say, this meeting was at? 

Goodman. It was at the KJng*8-heMi ii 
Leailen hall-street. 

Sir B. ShoRyer. Can you tell what day of die 
week it was ? 

Goodman. No, nor the day of the month. 

Sir B. Skomer. Was you erer in the com* 
pany of these gentlemen at any other time? 

Goodwin, No, this was the only time that 1 
heard of this consultation : I was not at lilt 
second meeting. 

Cook. If your lordship j^eases, may 1 uk 
Mr. Goodman any questions ? 

L. C. J. Trcby. Yes, by all means ask Ini 
what you will. 

Cook, Mr. Goodman, you are upon yov 
oath: but did yon ever bear me speak" ta 
woixls in your life P Was you ever in my cauh 
imny in any house, before or since ? 

Goodman. Yes, Sir ; I was in your ooB- 
pany at the Cock m Bow-street, where yaa 
came in accidentally. 

Cook. Did you ever hear me talk of the |t- 
vernmenty or any thing of that nature ? 

Goodtnan. What the discourse was of, I 
cannot particularly say, but I am certain yoa 
was there: and as to the consultation thtt I 
now speak of, I remember very well yon save 
your consent in thatlnaiiner as I hare told tkt 
court. 

Au, Gen. My lord, we have done at tha 
present. 

L. C. J. Trcby. Then, brother DanaD, 
what say you for the prisoner ? 

Serj. ^DarnalL May it please vourlordihipi 
and you gentlemen of thejurv : I am of coon- 
sel, in tKis cose, iur the prisoner at the bar, 
Mr. Cook, who stands indictiMl of a very gnat 
offence, no less, gentlemen, than high- treafoa^ 
and if he be guilty, his punishment will be aa 
great; but because the puuishment and Ikt 
ofletice are both very great, the law reqmNi 
exact positive proof, and that by two credikl» 
witnesses. There have been two indeed that 
have been produced to >ou ; and if you believt 
hotli of them, after what we shall otfer to yM 
against them, and if what they swear be trM^ 
the prisoner is guilty ; hut it we satisfy jMj 
that either of them is not to be credited, ao thil 
you do not believe both of them, be most IM 
acquitted. 

There is no doubt. Gentlemen, but there h0 
been a villainous horrid plot ; there is do qM»* 
tion of it; and it was, as it has been op( 
basely to assassinate one of the bravest I 
living ; antl to make the happiest people ka I 
world, if they know when tliey utm eo^ I 



57] 



Jbr High Treason, 



A. D. iGae. 



[358 



ml miwrable people upon eartbi by briDgingf 
wm ttDder French tyranny and elarery. 
liny oftbetraitori have been brouj^ht tojust 
aniihinent for tbia treason ; nay, they have 
vaed the Tact at their deaths, ao that there 
I no qurstioii of the trutli of it ; and therc- 
'ore, gentlemen, every honest man will en- 
ieavoiir to brin**' such as are plainly guilty 
)f sach an abominable conspiracy, to just pu- 
hidinient; hut yet they will be as careful 
iMt to let an innocent man suffer; that, 
^eQilemen, every honest man will take care 
ot'. ind especially such as are upon their oaths : 
it concerns a jury highly to he satisfied that 
lie li Dot innocent, whom they bring in guilty ; 
tor It is belter that twenty guilty men should 
oeape, than one innocent man suffer. 

kilt, Gentlemen, if my brief be true, we 
•bili tfive yuii such an account of one of these 
vitnenes; fn-st, as to the man himself; that 
be is Dot a man to be credited as a witness ; 
asd then besides that, as to the evidence he 
fiva ID tliiii case, (I say, if my brief be true) 
tt u fai.4p, and we slmll prove it so ; and when 
JOS have heard our evidence, if you are satis- 
oid that one of these witnesses is not to be ere- 
Alid, or that what be sweara is not true, you 
m to actfuit the prisoner. 

Gf'ottemcn, here has been one Mr. Goodman 
pradoced as a witness, one that never was pro- 
d'jceil before at the trial of any of those that 
bf e suffered, so that the truth of their guilt 
iocs not at all depend u|ion bis evidence, nor 
iocs it give any credit to it. This is thb gen- 
ticBao*s first entry upon this atage; and yet 
(dmj brief be true) this is not the firet bloody 
V cnid part that he has acted ; for we have a 
naord of conviction against him, whereby it 
•ifl appear to you, that he was indicted (for 
adeivouring to poison two ^reat dukes) for 

D40 guineas to an*ltahaii empiric, one 
, ei, and promising 200/. more when it was 
Wtod, to poison the me dnke of Grafton, and 
■Wsivsent duke of North uml»erland ; and we 
Ml sbew yoa, that he was convicted of it, and 
M a thousand pound for the offence ; which, 
wadcring the meanness of hit circumstances 
Nftat time, was aa mncb as twenty thousand 
^■aida; for he could as well have paid twenty 
■ ooe then ; and it appears too, tiiat Mv, 
Bndnan (nay, it will not be denied by him 
Nnsetf) WM in this horrid plot ; and he that 
■isU be cuiiccmed lo poison two dukes in a 
Wy, to which he had so many obligations — 

Qmidmmm. Ny lord, 1 desire leave to speak 
lilkis matter that the scrjeant mentions. 

9m}. DmmuU. Pray, fir, let me go on ; you 
■ij lUk anoQ ; 1 have aeen the copy of the 
Mimd of couvictioD,* and have it ready to pro- 

Imt. 

iff. Gea. Mr. Goodnwn, be quiet, and stay 
ilky and byr; you will be defended, no 
WlOB it; but in the mean time let them go 
iMaido »ol interrupt them, 
J«> Benui/I. I aay,;my lord, he that would 
■•■■MiBtd in ao Yile aa ad, at a contrivance 
^^iMMBv tim Ham of two gmu dukct, 



^who were, in effect, his young masters^ that 
he should go to poison them in a family to 
which he had been so much obliged ; and then, 
he that would be concerned in so horrid a plot 
as this was, to destroy his country, and take 
away the life of the kin^ ; sure it will be no 
difficult thing to think Uiat this man will not 
stick little at the prisouer's lite at the bar, espe- 
cially when he has s') great a temptation to it, 
as to save his own lite by it. 

But perhaps some of you may doubt whether 
it is to save his own hfe or no : but I believe 
there are none of you would give any credit to 
^ him, if you thought so : therel'ure, to satisfy 
' you of that fact, we shall produce you evidence 
of his own opinion of that matter, beside the 
general known circumstances he lay under: 
as, that he was long in prison before he charged 
the prisoner with any thing, and the prisoner 
was at liberty, went every day abroad foe a 
a week after Mr. Chamock's trial, and never 
absconded one minute, but lived publicly, open- 
ly, and visibly to all his friends, and all strait- 
gers : but besideff, gentlemen, that Mr. Good- 
roan knew he must die, and justly and desery*- 
edly tor this horrid plot and treason himself; 
and had no other way leil to save his life, but 
to come in thus as an evidence and accuser, 
which we think will shake his credit with you. 

I say, besides all tliis, (if my brief be true) 
we shall prove that he has said himsdf, That 
either he must hang Peter Cook, or he most 
be hanged himself. Thus, gentlemen, he 
swears to save his owa life, by takuig away 
another's. 

This, Gentlemen, is as to the man him* 
self, that he is not to be credited. But now 
further, as to the evidence that he has giveu: 
he tells you that he came into the tavern ia 
Leadenhall- street, and that tlierc he found 
such company ; he owns he came in at\er din- 
ner; and that the other gentleman, Mr. Por- 
ter, owns too ; he says there were present at 
this meeting, my lord Montgomery, my lord 
of Aylesbury, Mr. Cook, and several other 
gentlemen ; ' but (if my brief he true) we shall 
prove by three wilnesses, that he was nut 
there till they were gone ; and that will make 
an end of all the pretence of his evidence. 

Att. Gen, Nay, then we shall never have 
done. 

Heij Darnall. V\\ assure you. Sir, I have 
the names of three witnetises in iii\ brief, to 
prove that my lord of Aylesbury," my lord 
Montgomery, and Mr. Cook, vtrc g^me be- 
fore he came in, thoun^h if any, or either of 
them were gone, it destroys his testimi>ny ; 
and if we prove this to you, 1 would be loth to 
he one of the jury that should take away the 
prisoner's life upon this evidence ; iiu, if he 
were the vilest man alive, and much less the 
life of the prisoner at the bar ; for we shall 
prove '(if ray brief be true) he is a man of mo- 
rals, a man of virtue, one that has a great love 
for his country ; and this we shall prove by 
evidence undeniable, persons of quality in their 
eouatry, t%ch u senra their country m parlia* 



359] 8 WILLIAM lU. 

mcDt, as their represeDtatiTes ; we shall shew 
it bv such evidence, that there will be no mom 
to doubt of it : he is a man without any stain 
or blut upon him, till this accusation ; he is the 
eldest son of his father, and heir to a ercat es- 
tate ; his father is a great officer, and a great 
^ti'r under this government ; and con it be 
imagine<l or believed, that such a man would 
be guilty of the worst of treasons, to destroy 
the religion he professes, to overturn the state, 
to ruin his own estate, himself and his poste- 
rity, which must be the consequence of it ? 
Nay, if two good witnesses could be produced 
to testily it, and if we had not had so much to 
take oflT the credit of Good man, 1 could hardly 
believe it of any man that was in his right 
■euses ; he must have been a madman if he 
had done it, one that stood so well with the 
present government, and of a family never 
tainted with disloyalty. 

Certainly, gentlemen, when we make out 
this to you against Mr. Goodman, the prisoner 
can Le m no danger of his life from Mr. Good- 
man's evidence, tliough he is an unfortunate 
man to come under such an accusation ; but I 
cannot lielieve that any jury, upon such a 
inan*s evidence, will brand an honest family 
with the foulest, vilest, blackest treason that 
c\er was hatched; no, gentlemen, you are 
meu of ability and understanding, and that is it 
we rely upon ; we doubt not but that you will 
consider the evidence, and consider your oaths, 
and not let the prisoner's blood lie at your 
doors ; therefore we shall go on and call our 
witiiLSses to make out what 1 have cjiened. 

^iir jB. Shoucr. My lord, we desire to call 
our witnesses, and I shall reserve myself to 
ijiakc somo observations after we have given 
our evidence : Mr. Srijeant has opened as much 
as we can prove, and we will now proilucc our 
evidence ; First, we will shew the conviction 
of Goodman : Mr. Jiurleigh, where is the con- 
viction ?— Ml". Burleigh. Here it is. Sir. 

Sir B. ShuKcr. Where haclyou it, Sir? 

Mr. Burleigh. Outof thclVeasury at West- 
minster. 

Sir B. Shojccr, Is it a true coj»y, did you 
examine it there ? 

3Ir. Bfirkivih. Yes, it is a true copy, I did 
examine it with the record. 

Sir B. Shotecr. Then read it, Mr. Tanner. 

CI. of Ar. [Reads] — * Michaelmas Tenn: 
' Tricesimo sccundo Caroli Sccuudi.' 

L. C. J. Trcby, Read the record in English 
to the jury. 

C7. of' Ar. [Reads.] * Be it remembered, 

* that sir Roliert Sawyer, kni;4lit, Attorney Ge- 

* neral of our lord the king that now is, who 

* lor the same our lonl the king in this part 

* sueth, camu herein the court of our .said lord 

* the king, before the king himself at U'est- 

* minster, on Thursday ne.\t alter three weeks 
' of St. Alirhael, the same term ; and f^snthe 

* same our lord the king, brought hei-e into the 

* court of our said lord the king, before the said 

* king, then and there, a certain information 
' against Cardell Goofliuap, late of the parish of 



Trial of PeierCookf 



[Sfi 



St. Martin in the Fields, in the cmmty of Mid 
diesex, gentleman, which infomatioB folkm 
in these words, scilicet ^ Middlesex iciUeet^ B 
it remembered that sir Robert Sawyer, kaifl[hi 
Attorney General of oar said lord the kai| 
that now is, who for the same onr lord tb 
king, in this behalf sueth, in his own propc 
person came here into the coart of oar tsi 
lord the king, before the king himself i 
^ Vest minster, on Thursday next afker tbre 
weeks of St. 31ichael that same term, and fb 
the same our lord the king ^vea the coer 
here to understand and w mformed, Tbi 
Cardell Goodman, late of the pariah of St 
Martin in the Fields, in the county of Middk- 
sex, gentleman, being a person of a wiekd 
mind, and of an ungodly and deviludi diipe- 
sition and conversation, and contriTing, piae- 
tising, and falsely, maliciously Snd devilnfalf 
intending death, and poisoning and final d»- 
stniction unto the right noble Henry duke if 
GraiU)n, and George duke of Nortbunbv- 
land, and that the aforesaid Cardell OoodnHB, 
his roost wicked, most impioue, anddenljih 
intentions, contrivances and practices alwe- 
said, to falfil, perfect, and bring to effect, tk 
30th day of September, in the six-and-thiitiflh 
year of the reign of our lord Charles the Se- 
cond, now king of England, &c. and divn 
other days and times, as well before as aftr, 
at the parish of St. Martin intheFicUi^ii 
the county of Middlesex, with force and aia% 
&c. falsely, unlawfully, unjustly, wickd^, 
and devilishly, by unlawful ways and nMMi 
did solicit, nerbuaile, and endeavour to pm- 
cure one Alexander Amydei to prepare lod 
procure two flasks of j^iorence wine, to k 
mixed with deadly poison, for the peisooiig 
of the aforesaid right noble Henry duke of 
Grafton, and George duke of Northumber* 
land ; and his most wicked, most impioaf^ 
and devilish contrivances, practices and uln- 
tions aforesaid, to fulfil, perfect, and the mon 
to bring to effect, the aforesaid Cardell Gooi- 
man, the day and year abovesaid, at tbo 
parish aforesaid, in the county^ aforeoiii 
falsely, unlawfully, unjustly, maliciously aiA 
devilishly, did promise and agree to give laii 
the aforesaid Alexander Amydei forty pieeM 
of guinea gold, of the value of forty pomidii 
of lawful money of England, if he the nil 
Alexander Amydei would pre|iare, prooaie 
and provide two flasks of Florence wine, It 
be mi.xed with deadly poison, for the poiMi^ 
ing of the aforesaid right nuhlc Henry dakefli 
Grafton, and George duke of Northumber- 
land ; and if the aforesaid poison with Ihl 
wine aforesaid to lie mixed, shoukl efleel Al 
death of the aforesaid Henry duke of GiaflMb 
anTI George duke of Northumberland ; tkil 
then he the said Cardell Goodman would gifl 
unto the said Alexander Amydei the^j^d 
J 00/. and that beyond sea he would nrWr* 
the said Alexander, all the days of Um 
the said Alexander, to the evil and meit fth 
nicious example of all others in the libejflMl 
offending, and against tlie peace of ow vU 



fur High Treason. 

\ Ihe king that now His, bis crown and di^- 
Hiitj, he* — Then here is process prayed by 
M9 Attorney Geoeral ajQ^inst Mr. (loodrunD, 
aod by bis Attorney pleads not 

Uty, Rad liere is issue joined. 

air B. Shomer, Well, see for the rerdict. 

CL of Ar, There was a trial at Nisi Hrius, 
Bit the jury lind that the sahl Cardell Good- 
nan is guilty ol' the premises in the InH^rma- 
apectfietl, as by the tnformation is sup- 
fawd againtft HitD. 

Sir B. Shower. Now read the Jitd|fnieDt. 

a. Iff Ar^ * Thereupon it ig eonsiileret!^ that 
*tbe said Cartletl Goodman do pny to the 
'kiojETthe sura of 1,000/. for his fine, imposed 
*apon him for tlie oeca«ion aforesaid^ and that 
♦the nf'^r* v»i I Cardell CJowhuaii he rommilted 
*\n 1 1 I sea of this court, iu execution 

*fofii ! toresaid, that he be safely kept 

' there, ttN he pay his tine aforesaid ; and before 
*t^jat the said Cardell Goodnian is delivered out 

* of the prison aforesaid, he shall grtTe aecurity 
^ to behave himself well, during- his life, and 

* i(m> shall 1^1 ve security for the peace to be kepi 

* towards the said lord the kmCf and all his 

* pftple» and particularly tow ard« liie right noble 
'Ikury duke of Grallon, and George duke of 

* North utnhcrbnd.' 

S*TJ, Darnall. 8o, yoo hear the recorti of 
the infomTAtion, conviction and judgement, for 
A very horrid aboniinable crime. 

Att. Oen. But I desire tbey may now go on, 
nd read the whole of the record, 

CLofAr. [Reads.] * And afUrwards,towit^ 

* su Pnday next at)er eig-ht davs of 8t. Hilary^ 
^ b th«> 5(Vih aod 37th years of tfre reign of our 

* wid lord the king thai now is, bet'gre our said 

* lord the kin^ at VVestminster came the atbre- 
sir R«i|>ert Sawyer^ knig-ht^ Attorney* 

riful of our said lord tlte king that now is^ 
^«ihI aeknowledj^ed that the suid Oardell Good- 
*iiiia has »atistied to our said lord the kin^ 

* litit now is, of the judirnictit aforesaid a^iost 
*fcilD, m form aforesaid given, iherefore the 
*ttid Cardell Goodman is thereof acquitted ;' 
M BO forth. 

8erj. DarnolL Call Mr. Charles Edwards^ 
William Cock, Christopher Crawford, Mary 
Cnwford.and Mr. lluolley. 

[E4lwards appeared upon a Habeas Corpus, 
directed to the keeper of Newgale, where be 
tfts a prisoner.] 

Mr* Baker. Whero is the warrant of his 

itmenl ? What is hecomimtted for ? 
Takififld. He ia committed for suspicion of 

on, and treEtaooable practices. 
Mr, Baktr. Is be not committed for higb- 

mm f^^TokefieU, No, Sir, he is not» 

Jen. DamatL What discourse had you with 

Ir. GcKxlman concemmg: the prisoner at the 

ir ? What did you hear him say P 

Mr. Baker, He i« not sworn yet; it seems 

'i gpcnUetuao was Dundee's chaplain in 8cot* 

AiL Gtn* if be be ool § wom^ he can gtf e 



Serj. DarnalL My lord, we desiro he may 
be sworn. 

L. C. J. 2V%. Swear him. [Which was 
done.] 

Serj. DarnalL Pray, Sir, will you tell th^ 
court and the jury, what you know of any 
dmcourse of Mr* Goodman's concerniugr th^ 
prisoner at the bar. 

Edwards. My lord, 1 desire to know, betnfir 
ig-norant <»f the ta%v, whether I atn broughi 
here by the common course of justice or not ? 

Ser^. Darnali. 81 r, we lisve subpceuned 
you ior the prisoner at the bar, to gfive evi- 
dence of the truth of your knowledge here 
u|ion oath, 

L. C. J. Treby. Would you have us tell you 
how you came here ? We suppose you came 
by^ due process^ ol' law, as a witness. 

Edumrth, Then, ray lord^ 1 desire to speok 
but one word ; that it is a strange thing lit me 
to consider, how words ^jhould be carried awsy 
that were privately spoken ; as if it were to 
expose me to the reproaches of all my friends; 
it is a thing that 1 did never expect to hear of 
again : however, seeing I am called bere^ and 
obliged upon my oath to declare what I know, 
1 by God^s grace will* to ihe uttermost of my 
power, tell what ban passed in this matter. 

L. C. J. Treby. Do not make any afio logy 
for telling the truth : you are obliged by your 
oath to do it, and the court expects it from you. 

Edwards. Among otiier discourses thai 
passed betwixt Mr. Goodman and me, f asked 
iiim when Mr. Cook was to be armignett^ and 
when he was to be tried : Says he« he is to be 
arraigned upon Monday, and be is to be tried 
upon Thursday. I asked him, whether it waa 
tor the .4s8a«si nation- Plot, and he told me No. 
For what then ? said i : as being concerned in 
sending Mr. Charnock into France P Who are 
the evidences against him? said I. Said he, 
captain Porter and myself. Said I, 1 believe 
t AO witnesses will he tound good, or by way of 
demonstration in taw ; and 1 pity the poor 
gentleman's case. Says he, He swore against 
me. How conieti it then, said I, thai he is not 
come otf, and has not a pardon, and wouki 
divulge nobody else? 

L. C. J. Trcb^. Who had not a pardon da 
you mean ? 

Edwards. Mr. Cook. I asked, how he bad 
not a pardon? Says he, He wouhl irive an 
accoimt of nobody else but me, an<l that wns 
the reason ha bad no pardon. 8a id ! lo him, 
Who are the evidences a|;iunst him? Saya 
he^ captain Porter and mynelf. Aod al^er this, 
aays he, Uc or I must perish; or^ He um\ I 
must sutfer ; 1 believe the word wun suffer. 
But, says he, it is a foolish thing to he hanged. 
All that is said of a man that is hanged, is. 
That he banged handsomely, or bedieil bruvidy, 
That^s all the discourse that I can remember. 

8erjt DarnalL He said it was a foolish 
thing to he hanged ; and Mr. Goo^lmau, it 
■eema, had no mind to be hanged ; and i be- 
lieve so too : hut he must not bang my client^ 
to aave his own liJe. 



3591 8Wn-LIAM lU. 

menlf as ihelr represeDlalives ; we alioll she\r 
it by such evidence, that il»« n will \u^ rm room 
10 (litubl of it r he ir a tr 
or biut n|mn liiin, Ull thi» :i< 
eldest son of hin fatber, and hrir tu a t^rrni e^t- 
taie; bb ThOrt k tigrrat oHicer^ fttnl a ^Te*t 
gcttf^r under this (foverninent ; and can it be 
imag^ined or l>elieved| tbat such ii mun would 
be (^ui)t^ of (be wurnt of freHSOfis^ to tlestroy 
the rebgion lie piofe^es, to ovrriurn ibe state, 
tu rum btii own estate, biniMlf ' ' ; • 
riiy, which inuHl be lbt% can 
Nay, if two good witnesses coi...i ^ 
to lesiify ii, und if we had not bad 
tnke off the credit of GfHxbiiat^ I cd i ._u ^ 
htfiere it of any man thot wii!« in \m n^bt 
aenft««; be mti«t have been a mudiiian if iw 
liad done it, one (li;4t silood so wrU wtth tire 
present government, and of a family ntwtr 
lainttd wiib disloyalty. 

Ceriiiinly, f;en*le»»t«^?» when we m^k^ not 
4hi» loyop '^ -M, ^" , ,:_ ^i 

em Lcni 

man to c(M 

cannot IneiiT^i:: iii.ii ,111 f 

inan^s evidence, will br:' 

**jih ibe likti'*^'*r liU'fcf ! 

c\er w»v 

men of al 

we rely umm ; we d<Hibi 

consider tnc evidetiec, an i 

and not Irt the pri> i ^ 

ri oo IS ; 1 1 i^^fr»re wr , , J 

hi: 







^ ^^j.Jmy 



Mr. Ji<^ 
tfiinii u*r. 

AXarii 
Sir J» '^ 

a f 



'*^**"i!^ ii»« w'*^'*^ 



I man, OTr. 



•^■fi!*'-^ 






remember or 
laat. 



^ilsSier"''"""^ 






i,v»an bour, 

,«re ail thti tiGQc, &O10 

' i^L*; I w;iitiot ID 



^O^U^Uu *7 ^^*- Ooodnwn did 



you lifjoiv :' 

ibcsir names. 

Mr. Conyen, 
come in al any }) 

Cr.J/W: I di 

:\; 

for ill 

the ruoiit^ and 

on( of tbc room^ 

sage ufi to the roal 

Cramt} No, I if| 

Mr. Coupcr, ik 

wilbout your aee&d 

CravJ\ I iho« 

stairs when I cam 

or i e; 

names. 

Mr. Camper. 
then ^ 

CVoir/: No, su 
down. 

Sir D. SAiMr. 
in be(ur« noy lof 
Ibat tK viv biui 

tbo. • 

s 
in;; 
kn< 

was nobody i 



1 cam 



3e7j 



8 WILLIAM in. 



Tritd of Peter Cooky 



[« 



Huntley, That was Mr. Cliarnock. 

Just. Kokeby. Aud yet you cannot tell ^ he- 
ther there was any body elac that you did not 
know, how then can you tell that Goodman was 
not there f 

Sir B. Shower, He did not know hiod at that 
time, but he might rememl)er him aiYerwards. 

3Ir. Coni/crt. Diil not the same company use 
to meet at other times, at your house ? 

Huntley, Not to my remembrance. 

Mr. Conyers. How then came you, if they 
Be?er had used to meet there, to know all these 
people's names ? 

Huntley. I have seen sir John Freind there, 
and sir William Parkyns. 

Mr. Conyers, Was sir John Freind there, 
or DO ? — Huntley. Yes, he was. 

Mr. Conyers. My lord, he was the only man 
that was not named before : you did not name sir 
John Freind before, as I heard : but pray, did 
yoa e?er see Mr. Chamock there but at that 
time ? — Huntley. No, I did not. 

Mr. Conyers. How came you to know it was 
Mr. Charnock ? 

Huntley. ] knew rery few of them liefore 
that time ; and I asked their servants the names 
of all those persons that were there. 

Mr. Conyers. Did you know Mr. Porter, pray? 

Huntley. Not before that time: I did see 
Mr. Porter, and I knew him again when I saw 
him : his black told me his name that day. 

Sir B. Shower. You, Huntley, I would ask 
you one question more : was the door shut, or 
no f^Huntley. No, it was not. 

Sir B. Shower. Did the servants go up and 
down as they used to do ?-- Hunt ley. Yes, Sir. 

Ati. Gen. Sir Bartholomew would make it 
(hat there was no consultation at all. 

Sir B. Shower. They were mad folks if they 
would consult at that rate with the door 
open. Pray call Mr. William Cock. [Who 
was 8 worn. 5 

Att. Gen. Sir John Freind has owned it, 
that's dead. 

Sir B. Shozcer. Sir John Freind's confession 
b uothinsf tu the prisoner. 

Att. 'Gen. Mr. Serieant Damall did optn, 
that the confession of those that died was an un- 
deniable proof of the conspiracy : but go on 
with your evidence. 

Serj. Dartiall. Pray, Mr. Cock, will you re- 
collect yourself about the time when captain 
Porter and some other gentlemen dined at your 
house.— Coc A;. Yes, very well. 

Serj. Damall. Pray. Sir, can you tell who 
dined there at that time ? 

Cof ft. There were my lord of Aylesbury, my 
lord Montgomery, sir William *Parkyns, sir 
John Fenwick, sir John Freind, Mr. Charnock, 
captain Porter and Mr. Cook. 

Just. Rekiby. Was that all the company ? 

Cock. Yes, it was. 

Just. Rokeby, Que of them said there were 
eight. 

X. C. J. Trthy, And h« baa named eight, 
lirother. 

Serj. DurnalL Can you remember when 



any of the company went awayi and who wei 
away first P 

£ock. My lord of Aylesbury and my kn 
Montgomery went away in a hackney-coach 
and their servants were frequently in the rooa 
and waited aflerwanls in another room, afti 
that they had waited at table at dinner ; ar 
though the <loor was shut, as it used to b 
when any company is there, yet nobody wa 
forbid to come there at all. 

Att. Gen. Do you remember when Mr 
Goodman came there ? 

Cvck. I never saw tlr, Goodman in my Ijfi 
before to-day. 

Serj. Damall. Did any bo<Iy come to tbii 
company before my lord of Aylesbury vtnl 
away that did not dme there ? 

Cock. I did not see any body there at ill: 
and my lord of Aylesbury was about boying t 
hogshead of wiiite-wioe, but we oouM not 
agree about the price : and when my lord «f 
Aylesbury went away, 1 went down with ny 
lord, and waited upon him to the coach ; aadl 
told my lord, I hoped he would buy the viae 
still. But he answered, he could not tdl wb^ 
ther he should or no. 

Serj. Damall. IV ho else went with my M 
of Aylesbury ? 

Cock, Aly lord Montgomery. I do nat re- 
member any body else. 

Just. Bokeby.'D'xd all the rest of the coa- 
pany go away at once ? 

Cock. Truly, my lord, I cannot say theydii 

Just. Rokeby. by what time did the rest go 
away ? 

Cock, I believe it might lie eight or nioe 
o'clock. 

Serj. Damall. You saw my lord df A)l»- 
bury when he parted : was Mr. Goodman thm 
then ? — Cock. I did not see him. 

Baron Pouis. Did Mr. ('uok stay till the lait? 

Cock. That I cannot tell truly. 

Ikiron Pouis. 1 find they all swear to four 
o'clock of my lord Ayle.^buVy's going, audga 
no further. 

Att. Gen. Pray, Sir, let mc askyon aaucf 
tion or two : did you ever sec Mr. Goodmii 
before now ? 

Cock. No, I do not rcmembtr I did. 

Att, Gen. V/ lieu you went into the rooE 
after dinner, di.l you look about the room It 
see whether iliero were any new company? 

Cock. I did look about tlic room sefoa 
times, and so did luy servants, to see if thv 
were any iWiiipf %vaiitin^. 

Att. ucn. Can you take it upon your oath 
that he uas not there vvhiUt my lord of Aylat 
bury staid i;* 

Cuck. 1 do : and can take it upon my oath 
he was not. 

Att. Gen. Tiien, ifyou can, pray di<tingari 
the time when he came in. 

Cock. I do not remember that ever iM 
him in my life before to day. 

Att. Gen. Why arc you not as pontifl ihi 
he was not theic at all, as that he waa Delta 
before my lord of A} le^bury went awny f 
i 



969] for High Treason. 

Cock. He might come in, and I not see 
bim. 

AU, Gen. Might he not as well come in be- 
fore they went away, as after, to cooie in and 
you not see him ? 

Cock, No, I do not think he could. 
jiii. Gnu Why do you think so ? 
Cock, iiecause the serranta were all about, 
and they did not gp to dinner till Q o'clock : 
and I helieve those gentleineo that I named, 
came in a quarter of an hour's time to dinner. 

Ati. Gen. We do not say he'came there be- 
fore dinner : but could he not come in aflsr 
dinuer, before my lord of Aylesbarv and my 
loni BIoDt<^oniery went away, witnout yopr 
ieeinor him ? — CV/c