Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	accuse_v	act_n	43	3	6.0374	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25872	The arraignment, tryal, and condemnation of Ambrose Rookwood, for the horrid and execrable conspiracy to assassinate His Sacred Majesty King William, in order to a French invasion of this kingdom who upon full evidence was found guilty of high treason before His Majesty's justices of Oyer and Terminer, at Westminster on Tuesday the 21st of April 1696, and received sentence the day following, and was executed at Tyburn on the 29th day of the said month : in which tryal is contained all the learned arguments of the King's council and likewise the council for the prisoner, upon the new act of Parliament for regulating tryals in cases of treason.	Rookwood, Ambrose, 1664-1696, defendant.	1696 (1696)	Wing A3755; ESTC R4588	88,215	80

Court sat about Eight a Clock at which were present a great Number of Noblemen and Persons of Quality who were in the Commission and Seven of the Judges to wit the Lord Chief Justice Holt the Lord Chief Justice Treby the Lord Chief Baron Ward Mr. Justice Nevile Mr. Justice Powel Mr. Justice Eyres and Mr. Baron Powis Cl. of Ar. Cryer Make Proclamation Cryer O yes O yes O yes All manner of Persons that have any thing more to do at this Sessions of Oyer and Terminer Adjourned over to this Day draw near and give your attendance And God save the King Cl. of Ar. Cryer Make Proclamation Cryer O yes Sheriffs for the County of Middlesex return the Precepts to you directed upon Pain and Peril will fall thereon The Under Sheriff returned the Precepts Cl. of Ar. Mr. Baker pray Who do you intend to begin with Mr. Baker With Ambrose Rookwood Cl. of Ar. Cryer Make Proclamation Cryer O yes You good Men of the County of Middlesex Summoned to appear here this Day to try between our Sovereign Lord the King and the Prisoners that are and shall be at the Bar Answer to your Names as you shall be called every one at the first Call and save your Issues The whole Pannel was called over and the Appearances of those that answered Recorded and the Defaulters were again called over Cl. of Ar. Keeper of Newgate Set Ambrose Rookwood to the Bar. Which was done You the Prisoner at the Bar Ambrose Rookwood those Men that you shall hear called and Personally appear are to pass between our Sovereign Lord the King and you upon Tryal 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 Sir B. Shower If your Lordship pleases We have a Doubt or two to propose to your Lordship in respect of the Tryal this Day But before I offer it we beg your Favour for a Word in behalf of our selves My Lord We are Assigned of Council in pursuance of an Act of Parliament and we hope that nothing which we shall say in Defence of our Clients shall be imputed to our selves I thought it would have been a Reflection upon the Government and your Lordships Justice if being Assigned we should have refused to appear 't would have been a Publication to the World That we distrusted your Candour towards us in our future Practise upon other Occasions But my Lord there can be no reason for such a Fear I am sure I have none for we must acknowledge we who have been Practisers at this Bar especially that there was never a Reign or Government within the memory of Man wherein such Indulgence such easiness of Temper hath been shewn from the Court to the Council as there always hath been Never was there such freedom and liberty of Debate and Argument allowed to the Bar and we thank your Lordship for the same My Lord We come not here to countenance the Practises for which the Prisoner stands Accused nor the Principles upon which such Practises may be presumed to be founded for we know of none either Religious or Civil that can Warrant or Excuse them But the Act of Parliament having warranted the appearing of Councel for Persons Accused to make Defence for them we hope your Lordship will give us leave to make what Objections we can on their behalf L. C. J. Holt. Look ye Sir B. Shower go on with your Objections let us hear what you have to say Sir B. Shower My Lord It appears to be a Doubt to us upon this Act of Parliament whether this Cause can be tryed this Day And if it be a Doubt we hope though it should not have that weight with the Court that we apprehend it has yet your Lordship will excuse us and settle it according to your Judgment The Act requires That all that shall be Accused and Indicted for High-Treason whereby any Corruption of Blood may or shall be made to any such Offender or Offenders or to any the Heir or Heirs of any such Offender or Offenders or for Misprision of such Treason shall have a true Copy of the whole Indictment and afterwards shall have Copies of the Pannel of the Jurors who are to try them duely Returned by the Sheriff and delivered unto them And every of them so Accused and Indicted respectively two Days at the least before he or they shall be Tryed for the same Now if your Lordship will please to cast your Eye upon this Venire Facias and it will appear to be Returned but this Day and that is not according to the intent of this Law And it is impossible then if it be as we apprehend it and put it that this Tryal should go on at this time and that this Construction should be so as we say not only the Words but as we take it the Intent and Meaning of the Act of Parliament too are for us that there ought to have been a Copy of the Pannel after the Return two Days before the Tryal For in the first place My Lord the Words are plain It must be a Copy of the Pannel duely Returned by the Sheriff Now though it be a Copy of the Array of the Pannel which we have delivered to us ye it is not a Copy of the Pannel of the Jurors Returned for it is no Return till it come into Court And the King's Councel must admit that in the Case of all Writs Returnable it cannot be said that there is a Return where there is a Writing upon the back or a Label annexed till it be actually Returned into Court As in the Case of a Fieri Facias or a Mandamus an Action for a false Return cannot lye till the Writ be actually Returned For such Action must be brought into the County of Middlesex where the Court resides before whom the Return is made and not in the County where the Sheriff lived that made the Return for it is not a Return till filed in Court Now here the Words of the Act are He shall have a Copy of the Pannel of the Jurors who are to try him duely Returned by the Sheriff two Days before the Tryal Now we humbly insist that the Words duely Returned must be antecedent to the having the Copy or else he cannot be said to have a Copy of the Pannel duely Returned The Act of Parliament does not say which shall be duely Returned and therefore there does arise a Doubt whether your Lordship will not direct us to have a Copy after the Return made which is but this Day Mr. Phipps If your Lordship pleases to spare me a Word of the same side We take it that by this Act of Parliament the Jury must be duly returned before the Pannel is delivered to us Now the Return is the Answer that is Indorsed upon the Writ with the Pannel annexed and delivered into Court

gathered together and procured with that Intention then in and about the detestable horrid and execrable Assassination Killing and Murder of our said Lord the King that now is as aforesaid to be used employ'd and bestow'd and the same Premises the more safely and certainly to execute do and perform the aforesaid Christopher Knightley with one Edward King late of High-Treason in contriving and conspiring the death of our said Lord the King that now is duly Convicted and Attainted by the consent and agreement of divers of the Traytors and Conspirators aforesaid the said 10 th day of February in the 7 th year abovesaid went and came to the place proposed where such intended Assassination Killing and Murder of our said Lord the King by lying in wait should be done performed and committed to see view and observe the convenience and fitness of the same Place for such lying in wait Assassination and Killing there to be done performed and committed And that Place being so viewed and observed afterwards to wit the same day and year their Observations thereof to several of the said Traytors 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 there in order the same execrable horrid and detestable Assassination and Killing of our said Lord the King by the Traytors and Conspirators aforesaid the more readily and boldly to execute perform and commit advisedly knowingly and traiterously did bring and carry between divers of those Traytors and Conspirators forward and backward from some to others of them a List of the Names of divers 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 Allegiance of the said Christopher Knightley you the said Robert Lowick Ambrose Rookwood and Charles Cranburne and against the Peace of our said Lord the King that now is his Crown and Dignity and against the form of the Statute in such case made and provided How say'st thou Robert Lowick Art thou Guilty of the High-Treason whereof thou standest Indicted or Not Guilty Lowick Not Guilty Cl. of Arr. Culprit How wilt thou be Try'd Lowick By God and my Countrey Cl. of Arr. God send thee good deliverance How say'st thou Ambrose Rookwood Art thou Guilty of the High-Treason whereof thou standest Indicted or Not Guilty Rookwood Not Guilty Cl. of Arr. Culprit How wilt thou be Try'd Rookwood By God and my Countrey Cl. of Arr. God send thee good deliverance Charles Cranburn How say'st thou Art thou Guilty of the High-Treason whereof thou standest Indicted or Not Guilty Cranburne Not Guilty Cl. of Arr. Culprit How wilt thou be Try'd Cranburne By God and my Countrey Cl. of Arr. God send thee good deliverance Cranburne My Lord I desire your Lordship would grant me the favour for my Wife to come to me in private and that I may have Pen Ink and Paper L. C. J. Holt. Pen Ink and Paper you must have but as to the other we must consider of it Keeper of Newgate What has been usual in those cases Keeper My Lord we let no body come to them in private but their Council L. C. J. Holt. That 's provided for by the Act that allows them Council But has it been usual heretofore to permit any body else to be with them in private the Wife or any other Relations Keeper It has not L. C. J. Holt. It is very dangerous if it should therefore let him have his Wife come to him in the presence of the Keeper Cranburne And Pen Ink and Paper I hope my Lord L. C. J. Holt. Yes yes that you shall have Cranburne You don't deny me my Lord that I may have my Wife come to me L. C. J. Holt. No we don't but she must not be in private with you for fear of an Escape Rockwood I beg the same favour my Lord to have my Brother come to me and Pen Ink and Paper L. C. J. Holt. You shall have the same Rule but you Keeper must have especial Care who you do permit to come to them and be private with them for it is still at your Peril if any ill Accident happens by your Indulgence to them And yet it is fit they should have all that is reasonable 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 L. C. J. Holt. Your Friends may come to you at seasonable times in the presence of the Keeper you shall have any thing that is reasonable but the Safety of the Government must be look'd after Therefore Keeper of Newgate take back your Prisoners and bring them here this day sevennight at 7 a Clock in the Morning without any other Order They staid at the Bar about Half an hour the Judges consulting among themselves about the Precept for the Petty Jury upon a late Act of Parliament which has appointed six days for the Jury to be summon'd before they appear to try any Cause and upon the last Act in Regulating Tryals in Cases of High-Treason which requires that the Prisoner shall have a Copy of the Pannel of the Jury duly return'd at least two days before his Tryal Then the Prisoners were carried away and the Grand Jury withdrew to consider of the Evidence against Knightley and in a Quarter of an Hour came back and being called over delivered in a Bill to the Court. Cl. of Arr. 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 Cl. of Arr. Then Gentlemen you may go for this time and you are to take notice if there be occasion at any time to call you together you shall have sufficient warning given you beforehand This is Billa Vera against Alexander Knightley for High-Treason Then the Judges resumed the Debate among themselves and at last resolved that there should go three several Venires for the Petty-Jury returnable this day sevennight one to try between the King and Robert Lowick the second to try between the King and Ambrose Rookwood and a third between the King and Charles Cranburn because though the Indictment be against them jointly yet it was a several Offence in every one of them and they might sever in their Challenges and that would be troublesome and therefore it was thought best to sever them in their Tryals and therefore the Court adjourned for an Hour or something more while the Precepts for the Jury were preparing and according to the Adjournment met and signed and sealed the Precepts and then Adjourned the Sessions of Oyer and Terminer until this day sevennight at seven in the Morning Die Martis Vicesimo primo Aprilis Anno Regni Regis Willielmi Tertii Octavo Annoque Dom. 1696. THE

arraigned him then after he has pleaded the Question was when he was to have a Copy of the Pannel Now the design of this Act of Parliament was That the Prisoner should have a Copy of the Pannel 2 days before his Tryal in order that he might consider of the persons that were to Try him that he might inform himself of their Qualities Tempers and Dispositions that so he might make use of the benefit the Law gives him of challenging Five and Thirty without shewing any cause if he did not like the Men and as many more as he should think he had good cause to challenge now in this Case the whole design of this Act of Parliament is answered for he has had a Copy of the Pannel as you your selves acknowledge 2 days before the day of his Trial so that he has the full benefit that the Act of Parliament intended he is by this Copy as well enabled to make his Challenges as the Law design'd he should be and has had the same time allowed him that the Act of Parliament meant he should have then supposing the design of this Act of Parliament be fully answered and complied with in the Case The next Question is whether the words of the Act are satisfied for we would be very loth in a Case of this nature where an Act of Parliament intends a favour to a Prisoner that stands at the Bar for his Life to abridge him of any part of that favour which the very words of the Act would allow him tho the Intent of the Act of Parliament were answered otherwise now in the first place it is observable that the Act of Parliament does not say that the Prisoner shall have a Copy of the Return nor does it say he shall have a Copy from the Court but he shall have a Copy of the Pannel of the Jurors duly return'd that are to try him now if the Sheriff array his Pannel several days before the Tryal upon the Venire facias and does give him a Copy of that very Pannel which Pannel is afterwards returned in Court Has not he then a Copy of the Pannel duely returnred Does not this answer all the words of the Act For you youselves say that it is not said in the words of the Act that the Copy shall be delivered after the Pannel returned nor does their need a Copy of the very Return Surely we must not carry it farther than the words if the meaning be complyed with and we think this answers both words and meaning It is a Copy of the Pannel and a Copy of that Pannel that 's duely returned Now to make another construction would indeed not only alter the usual course of Tryals but be contradictory to the very Process it self We are by the Course of Law to award Process to Summon a Jury to appear at a certain time to try the Issue joyned between the King and the Prisoner and yet when we have done this and the Jury thereupon are summoned and appear they may go as they came for the Issue cannot be tryed because after the Return the Prisoner must have a Copy of the Pannel two days before he can be tryed I do think the design of the Act of Parliament and the very word of the Act are fully satisfied in giving a Copy of the Pannel two days before the Return We had this matter under our Consideration before and upon Debate among our selves we did think fit to award the Precept returnable this day and resolved to try the Prisoner this day unless better reasons were offered us to alter our opinion and we are not satisfied that any such better reason has been given but that this Tryal ought to go on the Prisoner having the full benefit that was designed him by this Act of Parliament And the giving a Copy of the Pannel that is returned tho before the return sufficiently satisfies the words of the Act no other construction can be made without great absurdities This is my opinion Sir B. Shower My Lord I hope we shall be excused for our Clyent we have another Doubt to propose to the Court. L. C. J. Holt. You have had my Opinion upon this point if my Lords and Brothers are of another Opinion they will tell you Judges No my Lord we are all of the same Opinion L. C. J. Holt. My Lord Chief Justice of the Common Pleas and my Brothers are all of the same Opinion Sir B. Shower My Lord we say we have another Doubt to propose upon this Act of Parliament It is a new one and never put in practise till now and therefore we hope your Lordship will please to excuse us if we offer our Objections because there has yet never been a determination about it and we are assigned of Counsel by your Lordship L. C. J. Holt. Never make Apologies Sir Bartholomew for it is as Lawful for you to be of Counsel in this Case as it is in any other Case where the Law allows Counsel It is expected you should do your best for those you are assign'd for as it is expected in any other Case that you do your Duty for your Clyent Sir B. Shower My Lord our Exception is this we say that this Tryal cannot go on at this time upon this Act of Parliament because we have no true Copy of the whole Indictment it does not appear in the Copy we have delivered to us before whom it was taken or whether it was taken at all or in what place it was taken it says only Middlesex in the Margent and then Juratores pro Domino Reges presentant That might be before the Justices of the Peace at the Quarter-Sessions or it might be at the Monthly-Sessions at Hicks-Hall or it might be at the Sessions at the Old-Baily or it might be before Commission of Oyer and Terminer as perhaps it really was but non Constat where it was taken nor how it comes hither It might be before your Lordship here as we believe it was but this Copy not leting us know where and how it was taken we think we have not the benefit of this Law for the Party accused is by this Act of Parliament to have a Copy to advise with Counsel that he may be enabled to plead And that is the reason why the words of this Act are so Pen'd 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 besides my Lord there is another reason why we should have the whole Indictment to enable us to plead because if we had the Caption it might perhaps appear that the Indictment was taken before the time of the Fact alledg'd in the Indictment and then that would make it Vitious it might be before the 9 th of February when this Treason is said to be committed and then we ought not to be brought to Tryal Now the

any like proceedings in any Case it is confounding the offices of the Judge and Jury Mr. Phipps If your Lordships try'd the validity of our Exceptions and find occasion to quash the Indictment there will be no need of a Jury L. C. J. Holt. Upon the Statute of Jeofailes in a civil cause suppose at a Tryal at Bar it appears upon the Face of the Declaration that there is such a mistake as will be cured by the Verdict but if the party had demurred and shown it for cause it would have been fatal Do you think when he has wav'd the benefit of Demurrer and pleaded to Issue that you shall move this and help your self by such a Motion because it will be helpt after a Verdict Sir B. Shower If this Act had been worded as that Statute of Jeofailes is it may be we might not L. C. J. Holt. Why it is not said in the Statute of Jeofailes that it shall be good after Issue joined before the Jury is charg'd or sworn but that it shan't be good after the Verdict Sir B. Shower It is before the Evidence given L. C. J. Holt. Could he do so in any Case before this Act and does the Act enlarge your Liberty or abridge it L. C. J. Treby Sir Bartholomew Shower you insist upon part of the words of the Act of Parliament it says no Indictment or Process shall be quasht upon the Motion of the Prisoner or his Councel unless it be made before any Evidence c. Now I suppose the Parliament use that Expression upon the Motion in the same sence as it is used in Law viz. for such a one as should be in the time when Motions for quashing the Indictments are properly 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 construe the other part of the Clause that you insist upon for if the Motion be made before Plea pleaded it is certainly before the Evidence given in your sense And I conceive that under that Expression Evidence given which signifies the main part the Parliament intended to comprehend the whole proceeding to Tryal Beginning if not from the pleading Not Guilty at least from the swearing the Jury Before Evidence given in Court may reasonably be expounded Before the Prisoner hath fully entred into that Contestation of the Fact which is to be determined only by Evidence in Court I attended the Court of King's-Bench a long time and I believe that I 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 be tryed you may then move it in Arrest of Judgment Those Expressions shew'd that the proper time for a Motion to quash an Indictment was before Plea tho' 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 expectation of hearing of such a Motion then And certainly this clause which is made wholly against the Prisoner should not be construed to help him to such a new extraordinary and absurd Liberty Sir B. Shower My Lord with submission that practice goes upon another reason the Court would not Quash it at all upon a Motion this Act of Parliament supposes that you will Quash upon a Motion at any time before Evidence given We never heard of a Motion to Quash an Indictment for Felony or Treason but still the Court would always say Demur or Plead or move in Arrest of Judgment but by this Law it seems the Sence of the Parliament was that it might be Quasht upon a Motion Mr. Sol. Gen. Sir B. Shower is come to what I said that in truth there is no such thing as Quashing an Indictment for Treason or Felony as I mention'd 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 consenting if they be kept within the Limits of the Act of Parliament but I must Desire the Opinion of the Court before we do Consent L. C. J. H. Aye aye go on brother Nevile Mr. J. Nevile I must confess I cannot but doubt as this Act is there were two times that they had liberty of taking these Exceptions to Indictments but indeed in Murder and Treason they were seldom admitted till they came to move in Arrest of Judgment but still there was always a priviledge and a time given to the Prisoner be the Crime what it would to take that advantage which the Law gave 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 expreslly it must be done before Evidence but you might have taken advantage before the Jury was sworn nay before you had pleaded but you have lapsed your time Yet truly notwithstanding you have lapsed your time I cannot satisfie my self 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 cannot do so whether the fault be in the Councel I cannot tell but the great prejudice is to the Person that is to be Try'd who will now be wholly precluded from making any advantage of the Exceptions he 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 have 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 Miswriting Misspelling False or Improper Latin as to these four particular things which the Party is barr'd from moving in Arrest of Judgment I cannot satisfie my self but that he should have one time or another to take this advantage before the Evidence given and therefore I think he should have it now It is true it is altogether irregular the Jury being sworn and it ought to have been done before but I hope if it be admitted now it will be with such observation that no body will ever offer at it for time to come As this Case is before us and the Act of Parliament which perhaps may have led the Councel into that mistake that it might be any time before Evidence given tho' they knew the proper time and the regular method in other Cases yet I doubt it is hard to put such a Construction upon this Act