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A25882 The arraignments, tryals and condemnations of Charles Cranburne and Robert Lowick 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 were found guilty of high-treason before His Majesty's justices of Oyer and Terminer at Westminster, and received sentence the 22d. of April, 1696, and were executed at Tyburn the 29th of the said month : in which tryals are contained all the learned arguments of the King's councel, and likewise the councel for the prisoners, upon the new act of Parliament for regulating tryals in cases of treason. Cranburne, Charles, d. 1696.; Lowick, Robert, d. 1696. 1696 (1696) Wing A3767; ESTC R18124 90,422 76

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challenge him Cl. of Arr. Benjamin Boltby Lowick I do not except against him He was Sworn Cl. of Arr. Elias Fletcher Lowick I have nothing to say against him He was Sworn Cl. of Arr. Cryer countez George Ford. Cryer One c. Cl. of Arr. Elias Fletcher Cryer Twelve Good Men and True stand together and hear Your Evidence L. C. J. Holt. Now the rest of the Jury that have appeared are Discharg'd Cl. of Arr. Cryer make Proclamation Cryer Oyez If any one can Inform My Lord 's the King's Justices of Oyer and Terminer the King's Serjeant or the Kings Attorney General before this Inquest be taken of the High Treason whereof the Prisoner at the Barr stands Indicted let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance and all others that are bound by Recognizance to give Evidence against the Prisoner at the Bar let them come forth and give their Evidence or else they forfeit their Recognizance The Names of the Twelve Sworn are these George Ford. Esq Jur. Thomas Trench Esq Jur. John Wolfe Esq Jur. John Raymond Esq Jur. George Hawes Esq Jur. Matthew Bateman Esq Jur. Thomas Ramage Gent. Jur. William Wild. Gent. Jur. William Pitts Gent. Jur. William Smith Gent. Jur. Benjamin Boltby Gent. Jur. and Elias Fletcher Gent. Jur. Cl. of Arr. Robert Lowick hold up thy hand which he did You that are Sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Robert Lowick late of the Parish of St. Paul Convent-Garden in the County of Middlesex Gentleman for that he together with Christopher Knightley late of the same Parish and County Gentleman Ambrose Rookwood late of the same Parish and County Gentleman and Charles Cranburne late of the same Parish and County Yeoman not having the Fear of God in their Hearts nor weighing the Duty of their Allegiance but being moved and seduced by the Instigation of the Devil as false Traytors against the most Serene most Illustrious most Mild and most Excellent Prince our Soveraign Lord WILLIAM the III. by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. their Supreme True and Rightful Lawful and Undoubted Lord the Cordial Love and True and Due Obedience Fidelity and Allegiance which every Subject of our said Lord the King that now is towards him our said Lord the King should then of right ought to bear withdrawing and utterly to extinguish intending and Contriving and with all their strength Purposing Designing and Conspiring the Government of this Kingdom of England under him our said Lord the King that now is our right duly happily and very well established altogether to subvert change and alter as also the same our Lord the King to Death and final Destruction to put and bring and his faithful Subjects and the Freemen of this Kingdom of England into intollerable and most miserable Slavery to Lewis the French King to subengate and inthral the 10th day of February in the Seventh Year of the Reign of our Soveraign Lord the King that now is and diverse other days and times as well before as after at the Parish of St. Pauls Covent-garden aforesaid in the County aforesaid falsely malitiously devilishly and traiterously did Compass Imagine and Contrive Purpose Design Intend our said Lord the King that now is to Kill Slay and Murder and miserable Slaughter among the faithful Subjects of our said Lord the King throughout this whole Kingdom of England to make and cause and the same their most wicked impious and devillish Treasons and traiterous Compassings Contrivances and Purposes aforesaid to fulfil perfect and bring to effect they the said Christopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn and very many other false Traitors to the Jurors unknown afterwards to wit the same Tenth Day of February in the Year abovesaid at the Parish aforesaid in the County aforesaid and divers other Days and Times as well before as after there and elsewhere in the same County falsly malitiously advisedly secretly and traiterously and with Force and Arms did meet together propose treat consult consent and agree him our said Soveraign Lord the King that now is by lying in Wait and Wild to assassinate kill and murder 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 traiterously did treat propose and consult of the Ways Manner and Means and the Time and Place where when how and in what manner our said Lord the King so by lying in Wait the more easily they might kill and did consent agree and assent that Forty Horsemen or thereabouts of whom the said Christopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn would be Four and every one of them traiterously took upon himself to be one with Guns Muskets and Pistols loaden with Gun powder and Leaden Bullets and with Swords Rapiers and other Arms armed should lye in Wait and be in Ambush the same our Lord the King in his Coach being when he should go abroad to set upon and that a certain and 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 fight with them and overcome them whilst others of the same Men so arm'd him our said Lord the King to assassinate kill slay and murder and they the said Christostopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn their Treasons and all their Traiterous Intentions Designs and Contrivances aforesaid to execute perpetrate fulfil and bring to effect afterwards to wit the aforesaid 10th day of February in the Seventh Year abovesaid at the Parish aforesaid in the County aforesaid divers Horses and very many Arms Guns Pistols Rapiers and Swords and other Weapons Ammunition and Warlike things and Military Instruments falsly malitiously secretly and traiterously did obtain buy gather together and procure and did cause to be bought obtain'd gather'd together and procured with that Intent them in and and about the detestable horrid and execrable Assassination Killing and Murder of our said Lord the King that now is as aforesaid to use imploy and bestow and the same promises the more safely and certainly to execute do and perpetrate he the aforesaid Christopher Knightly with one Edward King lately 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 Assent of divers of the Traitors and Conspirators aforesaid the said tenth day of February in the Seventh Year abovesaid traiterously did go and come to the place proposed where such intended Assassination Killing and Murder of our said Lord the King by lying in Wait should be done perpetrated and committed to view
you shall have in Charge and a true Verdict give according to your Evidence so help you God Cl. of Ar. Thomas Glover Cranburne I challenge him Cl. of Ar. Dormer Sheppard He did not appear George Tredway He did not appear Matthew Bateman He did not appear Timothy Thornbury Cranburne I challenge him Cl. of Ar. James Partherich Cranburne I challenge him Cl. of Ar. Thomas Freeman He did not appear Robert Bredon Cranburne I do not Except against him he was Sworn Cl. of Ar. Joseph Blisset Crunburne I challenge him Cl. of Ar. Timothy Lannoy He did not appear John Harris He did not appear John Billiers Cranburne I have nothing to say against him he was sworn Cl. of Ar. Richard Bourn Cranburne I do not Except against him he was sworn Cl. of Ar. George Carter He did not appear Francis Chapman Cranburne I challenge him Cl. of Ar. Alexander Forth Cranburne I challenge him Cl. of Ar. Nicholas Roberts Cranburne I have nothing to say against him he was Sworn Cl. of Ar. Thomas Playstead Cranburne I challenge him Cl. of Ar. William Atlee Cranburne I challenge him Cl. of Ar. John Marsh He did not appear Andrew Cook Cranburne I do not Except against him he was sworn Cl. of Ar. John Hall Cranburne I challenge him Cl. of Ar. William Partridge Cranburne I challenge him Cl. of Ar. Peter Levigne Cranburne I challenge him Cl. of Ar. Thomas Moody Cranburne I challenge him Cl. of Ar. Richard Bealinge Cranburne I challenge him Cl. of Ar. Thomas Evans Cranburne I do not Except against him He was sworn Cl. of Ar. Thomas Ramage Cranburne I have nothing to say against him he was sworn Cl. of Ar. Edward Townsend Cranburne I challenge him Cl. of Ar. William Gunson Cranburne I challenge him Cl. of Arr. Philip Wightman Cranburne I say nothing against him he was sworn Cl. of Ar. John Wyborne Sir B. Shower I hope you take an Account of the Challenges Mr. Hardistey L. C. J. Holt. Nay you should take care of the Challenges who are his Council if he had no Council we wou'd take care of him Cryer Here is Mr. Wyborne What say you to him Cranburne I have nothing to say he was sworn Sir B. Shower I hope your Lordship will also be of Council for him L. C. J. Holt. We are to be equal and indifferent between the King and the Prisoner But you that are now his Council by Law ought to take care that he lose no Advantage Cl. of Ar. William Strode Cranburne I have nothing to say against him he was Sworn Cl. of Ar. Daniel Byfield He did not appear Benjamin Noble He did not appear Thomas White Cranburne I do not Except against him he was sworn Cl. of Ar. Cryer Countez John Caine. Cryer One c. Cl. of Ar. Thomas White Cryer Twelve good Men and true stand together and hear your Evidence The Names of the Twelve Sworn were these John Caine Esq Jur. Robert Bredon Esq Jur. John Billers Esq Jur. Richard Bourn Esq Jur. Nicholas Roberts Gent. Jur. Andrew Cook Gent. Jur. Thomas Evans Gent. Jur. Thomas Ramage Gent. Jur. Philip Wightman Gent. Jur. John Wyborn Gent. Jur. William Strode Gent. Jur. and Thomas White Gent. Jur. Cl. of Ar. Cryer make Proclamation Cryer Oyez If any one can inform my Lords the King's Justices of Oyer and Terminer the King's Serjeant or the King's Attorney General before this Inquest be taken of the High-Treason whereof the Prisoner at the Bar stands indicted let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And al 's others that are bound by Recognizance to give Evidence against the Prisoner at the Bar let them come forth and give their Evidence or else they forfeit their Recognizance L. C. J. Holt. Mr. Attorney Do you think we shall be able to try the other to Night Mr. At. Gen. That is according as this holds my Lord. L. C. J. Holt. I speak it for the Ease of the Jury that they might be dispatch'd and not attend another Day Mr. At. Gen. I doubt we cannot try any more than this to Night L. C. J. Holt. Well it is no great Matter it will be but a Morning Work it may be too great a Stress and a Hurry 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 a Clock and therefore pray Gentlemen attend early Cl. of Ar. Charles Cranburne Hold up thy Hand which he did You that are sworn look upon the Prisoner and hearken to his Cause He stands indicted by the Name of Charles Cranburne late of the Parish of St. Paul Covent-Garden in the County of Middlesex Yeoman for that he with Christopher Knightly late of the same Parish and County Gentleman Robert Lowick late of the same Parish and County Gentleman and Ambrose Rookwood late of the same Parish and County Gentleman the Fear of God in their Hearts not having nor weighing the Duty of their Allegiance but being mov'd and seduc'd by the Instigation of the Devil against the most Serene most Illustrious most Clement and most Excellent Prince our Sovereign Lord William the third by the Grace of God of England Scotland France and Ireland King Defender 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 Subject of our said Lord the King that now is towards him our said Lord the King shou'd bear and of Right ought to bear withdrawing and wholly to extinguish intending and contriving and with all their Strength purposing designing and conspiring the Government of this Kingdom of England under him our said Lord the King that now is of Right duly happily and very well establish'd 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 Kingdom of England into intolerable and most miserable Slavery to Lewis the French King to subjugate and enthral the 10th day of Feb. in the 7th year of the Reign of our 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 Falsly Maliciously Devilishly and Trayterously did compass imagine and contrive purpose design and intend our said Lord the King that now is to slay kill and murder and a miserable Slaughter among the faithful Subjects of him our said Lord the King throughout this whole Kingdom of England to make and cause and their said most Wicked Impious and Devilish Treasons and Trayterous Compassings Contrivances and Purposes aforesaid to fulfil perfect and bring to effect they the said Christopher Knightley Robert Lowick Ambrose Rookwood and Charles Cranburne and very many other
charg'd in the Indictment only the Compassing and Imagining the Death of the King L. C. J. Holt. Ay sure That is an Overt Act with a Witness the Indictment was not laid for Murdering the King but for Compassing his Death which is the Treason according to the Act of Parliament of 25th Ed. the 3d. and as an Overt Act they gave the cutting off his Head in Evidence Mr. Att. Gen. The Indictment says they Compass'd and Imagined the Kings death and they agreed to do it in this manner if this be not all one intire Sentence I know not what is L. C. J. Holt. As to your Case Mr. Mompesson which you quote out of Dyer it is possible a man may make an Assault at one time and at another time make an Assault and give a stroke but this is all one Act it does but specifie what was generally consulted off and proposed L. C. J. Treby Pray do you think a man may Demurr upon a Common Action of Battery where 't is said first at such a time and place Insultum fecit verberavti vulneravit because there is not a place set to every word Mr. Mompesson Indictments ought to be very curiously Penn'd and what is good in an Action will not be good in an Indictment with submission L. C. J. Treby But suppose you show'd it for Cause upon special Demurr Mr. Mompes My Lord I cannot tell what it wou'd amount unto L. C. J. Holt. You cannot quash the Indictment at this time that is not possible because the Indictment is good as to the rest supposing this was not so well as it might be Mr. Mompes Then my Lord I am in your Lordships Judgment whether they shall be admitted to give in Evidence this particular thing L. C. J. Holt. They may certainly give in Evidence the Agreement to have 40 men to kill the King as a proof of the Consultation Agreement and Consent to kill the King and the Consenting to have 40 Horsemen is an Evidence of their treating proposing and consulting to kill the King Then for your Objection of Quilibet suscepit to be one that is well enough it is all still but one Sentence Sir B. Shower One of which is it for they have not laid in the Indictment what it is whether it be one of the Four or one of the Forty L. C. J. Holt. Whether it be one of the Four or the Forty is not material for cannot one be found Guilty and the rest Acquitted the one is not charg'd with the Act of the other but they are several Offences and each must answer for himself in all Indictments Offences are several Suppose an Indictment of Conspiracy and it is laid in the Indictment that Four did Conspire can't you prove that two Conspired no Question you may It is not certainly necessary that every one shou'd be proved to have Conspired Suppose it were alledged that Four did beat a man and does not say Quilibet eorum beat him you may give in Evidence that one did beat him Sir B. Shower No Question of that in Case of a Battery but in the Case of a Conspiracy there must be more than one L. C. J. Holt. Nay I will ask you even in an Action of 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 'll lay Ten but it is sufficient I hope if you prove it upon any Three of them Mr. Att. Gen. The Difference is betwixt Contracts and Crimes for Contracts they are joynt but Crimes they are in their own Nature several Mr. Soll. Gen. Besides my Lord though they be out of time yet this is not to the Abatement of the Indictment but to the Evidence how do they know but we will give it in Evidence that Christopher Knightly was one L. C. J. Treby Mr. Mompesson moves it as a Caveat against your giving it in Evidence Sir B. Shower If in an Outlawry against divers they leave out these words Nec eorum aliquis comperuit that is every day held to be nought and for that Reason we say the Quilibet eorum suscepit is necessary 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 he lays it joyntly non comperuerunt it may be true that all did not appear if any one made Default but when you Charge men with a Fact done though in the plural number yet it is a distinct separate Charge upon every one Cl. of Arr. Robert Lowick those men that thou shalt hear call'd and personally appear are to pass between our Soveraign 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 to them as they come to the Book to be sworn and before they be sworn George Ford. Lowick I do not except against him Cl. of Arr. Hold the Book to Mr. Ford. Cryer Look upon the Prisoner you shall well and truly try and true Deliverance make between our Soveraign Lord the King and the Prisoner at the Bar whom you shall have in Charge and a true Verdict give according to your Evidence So help you God Cl. of Arr. Thomas Trench Lowick I have nothing to say against him He was Sworn Cl. of Arr. John Wolfe Lowick I do not except against him He was Sworn Cl. of Arr. James Bodington Lowick I challenge him Cl. of Arr. John Raymond Lowick I say nothing against him He was Sworn Cl. of Arr. George Hawes Lowick I do not except against him He was Sworn Cl. of Arr. Thomas Glover Lowick I challenge him Cl. of Arr. Matthew Bateman Lowick I do not except against him He was Sworn Cl. of Arr. James Partherith Lowick I challenge him Cl. of Arr. Joseph Blisset Lowick I challenge him Cl. of Arr. Alexander Forth Lowick I challenge him Cl. of Arr. Françis Chapman Lowick I challenge him Cl. of Arr. Nicholas Roberts Lowick I challenge him Cl. of Arr. Thomas Playstead Lowick I challenge him Cl. of Arr. John Hall Lowick I challenge him Cl. of Arr. William Partridge Lowick I challenge him Cl. of Arr. Peter Levigne Lowick I challenge him Cl. of Arr. Thomas Moody Lowick I challenge him Cl. of Arr. Thomas Ramage Lowick I do not except against him He was Sworn Cl. of Arr. Edward Townesend Lowick I challenge him Cl. of Arr. William Gunson Lowick I challenge him Cl. of Arr. John Wyborne he did not appear William Strode Lowick I challenge him Cl. of Arr. William Wild. Lowick I do not except against him He was Sworn Cl. of Arr. William Pitts Lowick I do not except against him He was Sworn C. of Arr. William Smith Lowick I do not except against him He was Sworn Cl. of Arr. Moses Cook Lowick I
false Traytors to the Jurors unknown Afterwards to wit the same Tenth Day of February in the Year abovesaid at the Parish aforesaid in the County aforesaid and divers other Days and Times as well before as after there and elsewhere in the same County falsely malitiously advisedly secretly traiterously and with Force and Arms did meet propose treat consult consent and agree him our said Lord the King that now is by lying in wait and wile to Assassinate Kill and Murder 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 traiterously did treat propose and consult of the Ways Manner and Means and the Time and Place where when how and in what manner our said Lord the King so by lying in wait the more easily they might kill And did consent agree and assent that Forty Horsemen or thereabouts of whom they the said Christopher Knightley Robert Lowick Ambrose Rookwood and Charles Cranburne should be four and every one of them trayterously took upon himself to be one with Guns Muskets and Pistols charged with Gun-powder and Leaden-Bullets and with Swords Rapiers and other Weapons armed should lie in wait and be in ambush our said Lord the King in his Coach being when he should go abroad to set upon and that a certain and competent Number of those Men so arm'd upon the Guards of our said Lord the King then attending him and being with him should set upon and them should fight with and overcome whilst others of the same Men so armed him our said Lord the King should Assassinate Slay Kill and Murder And they the said Christopher Knightley Robert Lowick Ambrose Rookwood and Charles Cranburne the Treasons and all their treasonable Intentions Purposes and Contrivances aforesaid to execute perform fulfil and bring to effect Afterwards to wit the aforesaid Tenth Day of February in the Seventh Year abovesaid at the Parish aforesaid in the County aforesaid divers Horses and very many Arms Guns Pistols Swords and Rapiers and other Weapons Ammunition and Warlike things and Military Instruments falsely malitiously secretly and traiterously did obtain buy gather together and procure and to be bought obtain'd gather'd together and procur'd did cause with that intent them 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 us'd imploy'd and bestow'd And the same Premisses the more safely and certainly to execute do and perpetrate 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 Assent of divers of the Traytors and Conspirators aforesaid the aforesaid Tenth Day of February in the Seventh Year abovesaid trayterously did go and came unto the place proposed where such intended Assassination Killing and Murder of our said Lord the King by lying in wait should be done perpetrated and committed to view see and observe the conveniency and fitness of the same place for such lying in Wair Assassination and Killing there to be done perpetrated and committed and that place so being seen and observed Afterwards to wit the same Day and Year his 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 the said 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 perpetrate and commit advisedly knowingly and trayterously did bear and carry among divers of those Traytors and Conspirators forward and backward from some to others of them a List of the Names of divers Men of them 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 his Allegiance and against the Peace of our said Sovereign Lord the King that now is his Crown and Dignity and against the Form of the Statute in that Case made and provided Upon this Indictment he hath been arraigned and thereunto hath pleaded Not guilty and for his Tryal hath put himself upon God and the Countrey which Countrey you 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 you are to inquire what Goods or Chattels Lands or 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 whether he fled for it If you find that he fled for it you are to inquire of his Goods and Chattels as if you find him guilty If you find him not guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Montague May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High-Treason that is found against four Persons but the particular Treason against the Prisoner at the Bar is for compassing and imagining the Death of the King and endeavouring to subvert the Government and enslave the Nation to Lewis the French King And the Indictment sets forth that the Prisoner at the Bar did for this purpose meet and consult with several false Traytors to the King and Government of the way manner and means how and the time and place when and where to Assassinate the King and at length they agreed that forty Horsemen should go together and set upon the King in his Coach as he returned from Hunting some to attack the Coach while others set upon the Guards The Indictment does further charge him with getting Horses and Arms and particularly with carrying a List of the Assassinators from one to another These are the particular things charged in the Indictment and to this Indictment he has pleaded Not guilty if we prove the Fact Gentlemen we don't doubt your Justice Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar Charles Cranburne is indicted for High-Treason in compassing and imagining the Death of the King Gentlemen the Overt Acts laid in the Indictment to prove the Prisoner guilty are That he was at several Meetings and Consultations about the manner of putting this Design in Execution at which Meetings it was agreed That there should be about forty Horsemen in Number prepare'd and arm'd for that purpose and they did provide Horses and Arms for that very thing and did agree to put it in execution Gentlemen the Evidence that you will hear produc'd against the Prisoner at the Bar will be of this Nature You will hear from the Witnesses that about Christmas last or