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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	time_n	year_n	3,367	5	4.7277	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25874	The arraignment, tryal, and condemnation of Peter Cooke, Gent. for high-treason, in endeavouring to procure forces from France to invade this kingdom, and conspiring to levy war in this realm for assisting and abetting the said invasion, in order to the deposing of His sacred Majesty, King William, and restoring the late King Who upon full evidence was found guilty at the Sessions-House in the Old-Baily, on Wednesday the 13th of May, 1696. And received sentence the same day. With the learned arguments both of the King's and prisoner's council upon the new Act of Parliament for regulating tryals in cases of treason. Perused by the Lord Chief Justice Treby, and the council present at the tryal.	Cooke, Peter, d. 1696.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex)	1696 (1696)	Wing A3757; ESTC R3080	87,497	74

Evidence The Names of the Twelve sworn are as follow Henry Sherbrook John Cullum Thomas Shaw Richard Young John Cooper Jonathan Micklethwait John Wolfe Thomas Collins John Watson Benjamin Hooper Daniel Wray and John Pettit Cl. of Arr. Cryer Make Proclamation Cryer O Yez If any one can inform my Lord 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 Peter Cook the Prisoner at the Bar stands Indicted let them come forth and they shall be heard for the now 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 they forfeit their Recognizance L. C. J. Treby You must make room for those Twelve Gentlemen that are sworn that they may be at ease and for those that are not sworn their Attendance may be spared Cl. of Arr. Peter Cook hold up thy Hand Which he did Gentlemen you that are sworn look upon the Prisoner and hearken to his Cause He stands Indicted in London by the Name of Peter Cook late of London Gentleman For that whereas an Open and Notoriously Publick and most Sharp and Cruel War for a great while hath been and yet is by Land and by Sea Carried on and Prosecuted by Lewis the French King against the Most Serene Most Illustrious 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. All which time the said Lewis the French King and his Subjects were and yet are Foes and Enemies of our said Lord the King that now is William the Third and his Subjects He the said Peter Cook a Subject of the said Lord the King that now is of this his Kingdom of England well knowing the Premises not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said Most Serene Most Mild and Most Excellent Prince our Sovereign Lord William the Third now King of England his Supreme True Rightful Lawful and Undoubted Lord the Cordial Love and True and Due Obedience Fidelity and Allegiance which every Subject of the said Lord the King that now is towards him our said Lord the King should bear and of Right is bound to bear withdrawing and utterly to Extinguish Intending and Contriving and with all his Strength Purposing and Designing 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 and His Faithful Subjects and the Freemen of this Kingdom of England into Intolerable and Miserable Servitude to the aforesaid French King to Subdue and Inthral the First Day of July in the Seventh Year of the Reign of our said Lord the King that now is and divers Days and Times as well before as after at London in the Parish of St. Peter Cornhil in the Ward of Limestreet Falsly Maliciously Devilishly and Trayterously did Compass Imagine and Contrive Purpose and Intend our said Sovereign Lord the King that now is then his Supreme True Rightful and Lawful Lord of and from the Regal State Title Honour Power Crown Empire and Government of this Kingdom of England to Depose Cast down and Utterly Deprive and the same our Lord the King to Death and Final Destruction to bring and the aforesaid Lewis the French King by Armies Soldiers Legions and his Subjects this Kingdom of England to Invade Fight with Conquer and Subdue to Move Incite Procure and Assist and a Miserable Slaughter among the Faithful Subjects of our said Lord King William throughout this whole Kingdom of England to Make and Cause And further That the said Peter Cook during the War aforesaid to wit the aforesaid First Day of July in the Seventh Year abovesaid and divers other Days and Times before and after at London aforesaid in the Parish and Ward aforesaid to the said Foes and Enemies of the same our Lord the King did Adhere and was Assisting And his aforesaid most Wicked and Devilish Treasons and Trayterous Compassings Contrivances Intentions and Purposes aforesaid to Fulfil Perfect and bring to Effect and in Prosecution Performance and Execution of that Trayterous Adhering He the said Peter Cook as such a False Traytor during the War aforesaid to wit the same First Day of July in the Year abovesaid at London aforesaid in the Parish and Ward aforesaid and divers other Days and Times as well before as after there and elsewhere in London aforesaid Falsly Maliciously Advisedly Secretly and Trayterously and by Force and Arms with one Robert Chernock Sir John Friend and Sir William Parkyns Knights which said Robert Chernock Sir John Friend and Sir William Parkyns were lately severally Duly Convicted and Attainted of High Treason in Contriving and Conspiring the Death of our said Lord the King that now is and with divers other False Traytors to the Jurors unknown did Meet Propose Treat Consult Consent and Agree to Procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Foes and Enemies of our said Sovereign Lord William now King of England c. great Numbers of Soldiers and Armed Men this Kingdom of England to Invade and Fight with and to Levy Procure and Prepare great Numbers of Armed Men and Troops and Legions against our said Lord the King that now is to Rise up and be Formed and with those Foes and Enemies at and upon such their Invasion and Entry within this Kingdom of England to Join and Unite Rebellion and War against our said Lord the King that now is within this Kingdom of England to Make Levy and Carry on the same our Lord the King so as aforesaid to Depose and Him to Kill and Murther And further with the said False Traytors the same First Day of July in the Year abovesaid at London aforesaid in the Parish and Ward aforesaid Trayterously did Consult Consent and Agree to send the aforesaid Robert Chernock as a Messenger from him the said Peter Cock and the same other Traytors as far as and into the Kingdom of France in Parts beyond the Seas unto James the Second late King of England to Propose to him and to Request him to obtain from the aforesaid French King the aforesaid Soldiers and Armed Men for the Invasion aforesaid to be made and Intelligence and Notice of such their Trayterous Intentions and Adherings to the said late King James the Second and the said other Foes and Enemies and their Adherents to give and shew and 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 King that now is

you a Question Were you in the Room at any time after Dinner Cock Yes I was Sir Mr. Conyers Pray Sir how many times after Dinner were you there Cock I believe half a dozen times Mr. Sol. Gen. And yet you do confess that Mr. Goodman might come in after Dinner before my Lord of Aylesbury went and you not see him Sir B. Shower Ay but he could not stay there without his seeing him if he was so often in the Room you don't take Mr. Cock's Evidence right Mr. Att. Gen. You named Eight Persons that Dined at your House Did you know them all personally before that day Cock Yes my Lord the most of them at least Mr. Att. Gen. Did they use to meet at your House Cock Commonly Sir John Friend did once a Week Mr. Chernock I knew when I was a Drawer and so I did Sir William Parkyns The rest knew by hearing their Names Mr. Att. Gen. Did you know them before that Day Sir I ask you Cock I had seen Captain Porter several times before that Day but I cannot say at my own House Sir B. Shower Do you remember the Treaty about the Hogshead of White-wine Cock Yes Sir very well Sir B. Shower Were you by when my Lord of Aylesbury went away and spoke with him about it Cock Yes I was and told him I hoped he would buy the Wine still Sir B. Shower Can you be positive that any body was there before my Lord of Aylesbury went away that cou'd stay there any time and did not Dine there Cock I believe not Sir for I came in half a dozen times after Dinner and I believe if I had heard Mr. Goodman's Name or seen him there I shou'd have remembred it but I did not see any body but those that Dined there Mr. Cowper Where was you when my Lord of Aylesbury went away Where did you meet him going away Cock Upon the Stairs seeing my Lord of Aylesbury and my Lord Montgomery coming down I met them Mr. Cowper Where did you meet them At the middle or the top of the Stairs Cock My Lord of Aylesbury was at the top of the Stairs Mr. Cowper Did you meet him just coming out of the Room Cock Yes Sir I saw the Coach that was called for my Lord and so I went up Stairs and met my Lord at the top of the Stairs coming down Mr. Sol. Gen. Now how can you be positive who was in the Room when he came out of the Room Cock I went up into the Room after my Lord of Aylesbury went away Mr. Sol. Gen. How long after my Lord of Aylesbury went away Cock It was presently after Mr. Sol. Gen. How long before my Lord of Aylesbury went away had you been in the Room Cock I had been there just before Mr. Serj. Darnall Call Thomas Peachy Who appeared and was Sworn Sir B. Shower My Lord we shall prove that after the Plot broke out and after Mr. Porter had made his Discovery there was no disturbance of Mr. Cook 'till a good while after Chernock's Trial and Mr. Cook was so far from being sensible or conscious of any guilt that he never absconded but continued for three weeks in his Father's House where he was taken by a Messenger Pray Mr. Peachy will you tell my Lord and the Jury where Mr. Cook was taken and when and by whom Peachy He was taken at his Father's House by a Messenger about seven a Clock in the morning Sir B. Shower What day of the Week was it he was taken Peachy Upon a Sunday morning in his own Room in his Father's House at seven a Clock in the morning Sir B. Shower Did People come to him as they used to do Peachy Yes and he went frequently abroad as he used to do and did never abscond from his Father's House Mr. Serj. Darnall Pray Swear Mr. Treganna Which was done Sir B. Shower Mr. Treganna pray do you remember how long after the Plot broke out did you see Mr. Cook Treganna After Mr. Chernock's Trial a Week he was at my Chamber after the Plot broke out he was concerned in a Trial at Winchester Assizes upon an Issue out of Chancery Mr. Nicholls was the Clerk in Court and went down to manage it at the Assizes and Mr. Cook came to me a day or two after Winchester Assizes was over and ask'd me if I had any news from the Assizes This was long after the Plot broke out and I remember particularly that I saw him twice after the Plot was discovered at my Chamber Sir B. Shower Swear Mr. Nicholls Which was done Sir pray will you tell my Lord and the Jury what you know of Mr. Cook 's appearing abroad after the Plot was discovered Mr. Nicholls I was sent down to the Trial I was present and did attend at two Trials indeed and I suppose Mr. Baron Powis may remember that I attended at two Trials at Winchester Assizes Mr. B. Powis Possibly you might Sir I can't tell all the Attendance at the Assizes Mr. Nicholls And after my return from Winchester Assizes Mr. Cook was with me several days both at my Office and Chamber and at his Father's Office and I remember particularly that he threatned me that I was in trouble when I was at Winchester and therefore I remember it very well Sir B. Shower Mr. Nicholls you know Mr. Cook very well pray what are his Morals Mr. Nicholls Upon occasion of the Cause in Chancery that went to Trial I have had the knowledge of Mr. Cook five or six years I always believed him to be as temperate a man as ever I met with I think in five years time I was not above once with him in a Tavern Sir B. Shower Did you ever hear him Swear Mr. Nicholls No never nor vent a Curse I believe he drank as little as any man and was as godly a man I never heard him speak a foul word Sir B. Shower How do you know that Sir that he was so godly a man Mr. Nicholls Upon occasion of this Cause I was several times at Sir Miles Cook 's and at Mr. Cook 's Lodgings there and we were to go about Business and after he was drest he has made me stay while he went into his Closet and said his Prayers And he told me further that he never went out of his Father's doors without saying his Prayers and I was forc'd to stay at the door while he perform'd his Devotions as he told me and I believe he did Mr. Serj. Darnall Now my Lord we will call some other Witnesses to prove his good affection to his Country how he continually desired success to the Fleet and to the Army Sir B. Shower So that really he had an aversion to it Swear Mr. Hamond Which was done Mr. Serj. Darnall Pray Sir will you give an account what you know of the Prisoner concerning his Judgment and concerning his Morals Hamond I have been for some time acquainted with Mr. Cook

Court Mr. Cook that it will not hold as a cause of challenge that he was of Sir John Friena's Jury therefore those are all reckoned among the peremptory challenges and you can challenge but Two more in all L. C. J. Treby Not without cause but as many more as you can have good cause against Cl. of Arr. John Reynolds Cook I except not against him He was sworn Cl. of Arr. Joseph Brookbank Cook I have nothing to say to him He was sworn Cl. of Arr. Adam Bellamy Mr. Bellaney My Lord I am no Freeholder L. C. J. Treby Why what Estate have you Mr. Baker He has Estate enough I know for value Mr. Bellamy I have only a Lease L. C. J. Treby A Lease for years Mr. Bellamy Yes my Lord. Cl. of Arr. David Grill. Mr. Grill. I am no Freeholder my Lord. Cl. of Arr. William Rawlins Cook I accept of him He was sworn Cl. of Arr. Samuel Roycroft Cook Are you a Freeholder Sir Mr. Roycroft Yes Sir Cook I challenge him Cl. of Arr. Thomas Parker Cook How many have I to challenge do you say Cl. of Arr. But one Sir What say you to Mr. Parker Cook I do not except against him He was sworn Cl. of Arr. James Robinson Cook I have nothing to say to him He was sworn Cl. of Arr. Joseph Morewood Cook I challenge him Mr. Baker You have challenged all your number now Cl. of Arr. My Lord we have gone through the Pannel we must now call the Defaulters again Thomas Clark Mr. Clark Here. Sir B. Shower Was he here when he was called over Mr. Arr. Gen. That 's nothing he is here now Sir B. Shower But if there be a Default of the Jury and the King's Council have challenged any one they ought to shew their Cause therefore we desire that they may shew their Cause why they challeng'd Mr. Simmons L. C. J. Treby The King has power to Challenge without shewing Cause till the Pannel be gone through but if there be a Default of Jurors when the King challenges the King's Council must shew cause Sir B. Shower Here is a Default of Jurors my Lord. L. C. J. Trebr No body is Recorded absolutely a Defaulter if he comes in time enough to be sworn Cl. of Arr. Swear Mr. Clark Which was done L. C. J. Treby When there is an apparent default of Jurors then they must shew their Cause but here his appearance it seems was Recorded and so he was no Defaulter and you might have challenged him for Cause still Cl. of Arr. James Dry. Mr. Dry. My Name is not James Serj. Darnall Then you cannot swear him Here are three mistaken in their Names L. C. J. Treby That is in the Copy in your Brief Brother it may be Mr. Serj. Darnall No my Lord the Officers admit it Mr. Att. Gen. My Lord we desire those Gentlemen that say they are no Freeholders may be sworn to that matter Which was accordingly done And several of them that had staid did deny the having of any Freehold upon Oath and some were gone away L. C. J. Treby Pray take care to estreat the Issues and return greater Issues the next time Mr. J. Rokeby Truly the Court must put some great penalty upon them for trifling with the Court in respect of their Duty that they owe to the King and Country in regard of their Estates Cl. of Arr. Pray let the Officers be called who summoned this Jury Mr. Sheriff Which was done And they examined concerning their summoning those who made Default and the Issues of those who were recorded as Defaulters were ordered to be Estreated Then the Court not being able to proceed for want of a Jury they ordered another Pannel to be ready against Wednesday next to which time at Seven in the Morning the Court was by Proclamation adjourned Die Mercurii Decimo Tertio Maii Anno Dom. 1696. The Court being met according to the Adjournment the Pannel was called over and the Defaulters Recorded and several excused for Absence upon Sickness and being out of Town before the Summons Then Mr. Serjeant Darnall desired before the Jury was called to move something against the Pannel And made his Motion thus Mr. Serj. Darnall IF your Lordship pleases I have somewhat to offer to you before you go upon this new Pannel and I confess I think it is my Duty to the Court as well as to the Prisoner to state the Case as it is and submit it upon the reason of Law and the Authorities that I shall offer Whether the Proceedings upon this new Pannel will not be erroneous My Lord the Question is Whether as this Case is the Prisoner has had a Copy of the Pannel of his Jury by which he is to be tried according as the late Law requires he had a Copy of the former Pannel and upon that Pannel Nine were sworn and their Names all entred upon Record and made Parcel of the Record Thereof now the Question is Whether he can be tried upon a new Pannel 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 President because of the Consequences It must be agreed in this Case That the old Pannel upon which the Prisoner took his Challenges and of which Nine was sworn is Parcel of the Record Now my Lord to add a new Pannel upon which twelve more shall be sworn and all this appear upon Record and the Prisoner tried upon the last Pannel will not this be Error I offer this before the Jury be called and sworn because we desire to be fairly tried and 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 return'd that will be of evil Consequence one way or other And can this be duly made if another appear upon Record before it And can any body say it is quasht or abated Or can it be so My Lord in Stamford's Pleas of the Crown p. 155. it is said If any of the Pannel dye after the Return and before their Appearance so that there are not enough left to make the Jury yet the Pannel shall not be quasht nor is it ●bated but it is Cause to grant a Tales And certainly my Lord it is a stronger Case when by reason of Challenges which the Law gives the Prisoner liberty to make there are not enough left that there shall not be a new Pannel but that a Tales shall be granted for if a new Pannel might be made it cannot appear who were challenged or who were admitted And if your Lordship pleases to consider the Intention of the Law in giving the Prisoner power to Challenge is that he may have an indifferent Jury but that would be prevented by such a practice as this for when it has been discovered upon the old Pannel whom the Prisoner chose and