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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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Yes there was Mr. La Rue and Captain Pendergrass and Mr. King I know of none else Mr. Att. Gen. Pray do you remember what Healths were drank after you heard the King was not to go abroad Capt. Porter I don't Remember what Healths were drank that day particularly but whether it were Thursday or Friday I cannot tell particularly the day We drank a Health to the squeezing of the Rotten Orange upon the next Saturday Mr. Att. Gen. Who was present that day when that Health was Drank Capt. Porter Mr. Cranburn was there present at that time and did Drink the Health Mr. Cooper Pray Sir did he meet you by appointment on Saturday the 15th or was it by accident Capt. Porter By appointment as all the rest did to get ready as all the rest did to go upon the Design and so it was both Days Sir B. Shower If they have done with Mr. Porter we would ask him a Question or two for the Prisoner We desire to know when it was that those Arms were bought that he talks of For we must acknowledge that Mr. Cranburn heretofore went upon several Messages for Capt. Porter When was that buying of Arms Capt. Porter I tell you I cannot exactly tell the Month. Mr. Cranburn Do you remember the Year Capt. Porter I believe it was less than a Year before the Assassination was on Foot Mr. Cranburn If you remember Sir it was a Month before Col. Parker was put in the Tower Capt. Porter It was several times I cannot tell the particular times Sir B. Shower My Lord I desire to know when he first Communicated this Design to Mr. Cranburn and who was by and where was it Capt. Porter I told you I sent for Mr. Cranburn one Day in the Week before the 15th and he came to me at my Lodging in Norfolk-Street and I acquainted him that Sir George Barclay was come and there was such a Design on Foot and I desired him to get those Pistols that he had of mine ready and cleaned that they might be ready for the Execution Sir B. Shower What Day was that Capt. Porter One Day in the Week before the 15th Mr. Cranburn Did you ever name Sir George Barclay to me in your Life Capt. Porter Yes I did I told you he was come from France Mr. Cranburn Where was that at Mr. in Norfolk-Street where I lay Mr. Cranburn Who was by Capt. Porter No body but my self Sir B. Shower Upon what occasion did you meet there Capt. Porter I sent for him to my Lodging Sir B. Shower How long had Sir George Barclay been in Town before that time Capt. Porter I cannot tell the time when he came to Town Sir B. Shower How long was it after he came to Town before you saw him Had you seen him a Week or a Fortnight before Pray recollect your self Capt. Porter I told you that the first time I heard of him was the latter end of January Capt. Charnock told me he was come but I was then Sick of the Gout Sir B. Shower Now then I would desire to know who was by upon the Friday before the 22th at the Sun Tavern in the Strand when you and Mr. Cranburn were there Capt. Porter I did tell you Sir Sir B. Shower I desire to know whether there was any body besides Mr. Cranburn Kendrick and Keys Capt. Porter Sir I will tell you all I can remember I was in one Room with Sir George Barclay and there was Sir William Parkins Capt. Charnock and my self and afterwards I went into another Room where there was Kenrick and Cranburn and Keys and Jeffrey Gunn came in afterwards I remember no body else Mr. Phipps Was not Gun there when you first came in Capt. Porter To the best of my Remembrance he came in afterwards Sir B. Shower My Lord this may be a very material part of our Defence and therefore we must inquire a little the more into it Mr. Porter is pleased to say that he was in a Room with Sir George Barclay and Charnock and Sir William Parkins and he came out into another Room where was Mr. Cranburn Kendrick and Keys and there he says after he had been there some time Gunn came in I desire to know whether Gunn was there when he first came in Capt. Porter To the best of my Remembrance he came in afterwards but I cannot positively tell for I was in and out several times Mr. Phipps At the time that you Communicated this Design to Mr. Cranburn what said he to you Capt. Porter When I first Communicated the thing to him I told him there was a thing on Foot for the Service of King James and desired him to go along with me L. C. J. Holt. What kind of Service did you tell him it was Capt. Porter He asked me what kind of Service it was I told him Sir George Barclay was come over and I told the whole Design of the Assassination of the Prince of Orange that it was intended to take him off as he came from Richmond from Hunting Mr. Phipps And pray what did Mr. Cranburn say to you Capt. Porter He said he would be ready to go along with me Mr. Phipps You say you sent by him Three Case of Pistols to Sir William Parkins at that time did you tell him for what Design those Pistols were Capt. Porter I told him they were for the 3 Men that Sir William Parkins was to Mount upon 3 of his 5 Horses Mr. Cranburn Did you speak to me to carry those Pistols to Sir William Parkins Capt. Porter I think so to the best of my Remembrance I ordered you my self to carry them Sir B. Shower Captain Porter I desire you to recollect your self and tell us plainly whether the Design was Communicated to Mr. Cranburn before the 15th Capt. Porter Certainly Sir Sir B. Shower Are you sure of it Capt. Porter Yes Sir I am sure of it Sir B. Shower I ask you because you know what has been said upon this Occasion in other Trials Cranburn Where did you write the Note that you say you sent to Sir William Parkins Was that Note Sealed or was it not Capt. Porter I did not tell you that I writ a Note Cranburn You Swore that you wrote a Note and sent it by me to Sir William Parkins for 2 Horses Capt. Porter I said no such thing Sir Mr. Sol. Gen. Look you Capt. Porter let him ask you any Questions and if they be proper answer them and let not his affirmations or mistakes provoke you to be angry Capt. Porter I said I sent him to Sir William Parkins for a Note to have the Horses from Mr. Lewis Mr. Phipps Did you send him with a Letter or was it a Message by word of Mouth Capt. Porter I did send him by word of Mouth for a Note L. C. J. Holt. Pray Gentlemen observe the Evidence Sir William Parkins was to give a Note for 2 Horses and Capt. Porter sent Cranburn for
the Note Mr. Phipps The Question therefore that I ask is VVhether he sent a Letter for the Note or whether by word of Mouth Capt. Porter I sent by word of Mouth Mr. Cranburn Pray will you tell the Court what you said upon the 22th to Mr. Pendergrass and me after you came down from the Blew-Posts leaning upon the Rail Capt. Porter I dont remember a word of it for I cannot remember every word that I have spoken Sir B. Shower If you can remember one particular sure you can remember another If you can't remember this how came you to remember any part of the Discourse that happened at the Blew-Posts Capt. Porter Because that was material to this Business for I had very soon after a particular occasion to recollect it upon the breaking out of the Plot. Mr. Cranburn Pray what Hour was it this Saturday the 15th that you Communicated this Design to me Capt. Porter I cannot tell what Hour but I say you met me at the Blew-Posts Saturday the 15th Mr. Cranburn You say you Communicated it to me the 15th Mr. Att. Gen. He says he Communicated it to you before the 15th Mr. Cranburn I desire to know where he was the 14th Capt. Porter I say one Day before the 15th in that Week I sent for you to come to my Lodgings and you did come and there I Communicated it to you Cranburn Sir I was not at your Lodgings that Week Mr. Phipps What Day of the Week Capt. Porter I cannot be positive whether it was Thursday or Friday or what Day but one Day in that Week it was Mr. Phipps You ought to be positive when it was Capt. Porter I do tell you as near as I can Mr. Phipps With submission my Lord he ought to be positive one way or other L. C. J. Holt. Nay I don't see that he ought to be positive to a Day he may be so if he can Cranburn Pray what Day did you say you sent me to Sir George Barclay Capt. Porter I do not say that I ever sent you to Sir George Barclay Mr. Phipps Can you take upon you to say That he was at your Lodgings that Week before the 15th Capt. Porter To the best of my Knowledge it was one Day that Week Mr. Phipps To the best of your Knowledge Are you sure of it L. C. J. Holt. Speak as certainly as you can Capt. Porter Indeed I believe so it was before the 15th I am sure I think it was within Three or Four Days after Sir George Barclay had acquainted me with it I sent to the Prisoner to come to me to my Lodgings at Mrs. in Norfolk-street and acquainted him with it L. C. J. Holt. And when you acquainted him with it What did you tell him What Part was he to act in it Capt. Porter I told him I would have him go along with me and that I had set him down for one of my Party and would provide him Horse and Arms and he did agree to go along with me Sir B. Shower Mr. Webber Pray let me see Chernock's Tryal Mr. Sh. Buckingham Why Sir Bartholomew is the Tryal any Evidence Sir B. Shower Mr. Sheriff I know what use I can make of it Mr. Sol. Gen. Will you ask him any more Questions Sir B. Shower No Sir Mr. Sol Gen. Then Swear M. De la Rue which was done Pray Sir give the Court and the Jury an Account what you know of the intended Assassination and what Share the Prisoner had in it M. De la Rue It is too long a Story to tell you all that I know of this Matter but if you please I will tell you what concerns the Prisoner at the Bar. I am heartily sorry that I have occasion to appear against him as I wou'd be truly against any Body But since I am here upon my Oath I must declare the Truth and nothing but the Truth and I hope I shall not declare any thing but what is Truth Upon Saturday the 15th of February the Day that the Design was to have been put in execution against His Majesty and all that were in the Coach with him and against his Guards I went to Mr. Chernock's Lodgings in Norfolk-street to inform my self whether they resolved on that Day to go out upon the Design and I found by Mr. Chernock that they did resolve it and I stay'd there a while till such time as Mr. Chambers came in I did not know whence he came then but as I was informed afterwards he came from Kensington to Mr. Chernock and his Boots were dirty and Mr Chernock told me he had sent a Messenger to Mr. Porter And says he if you will stay a little time I shall have an Answer The Messenger came back and told him That Capt. Porter din'd at the Blue-Posts in Spring-Garden I did not go to Dine with him but went home where I saw Mr. King at my Lodging who told me that the King did not go out that Day I told him I heard he did not I found by Mr. Chamber 's coming back and that we had no notice from Mr. Chernock that it was concluded the King did not go out as it was supposed he shou'd have gone When I had din'd at my Lodging I went to the Blue-Posts in Spring-Garden to Mr. Porter and there were Four or Five or Six People with him there was one Mr. Sherborn and Mr. Kendrick and Two People that I never saw before and another Person but I can't tell now who he was When we had been there a little while comes in this unfortunate Man at the Bar Mr. Cranburn I don't know where he had been but by his coming in so late I suppose he had not din'd and he ordered the Drawer to get him some Costelets This is all that I can say as to that Day I had seen Captain Porter twice or thrice between that and the 22d and he desired me to be at home on Friday Night between Eight and Nine and he wou'd send to me He did send and I was from home But when I came I was informed his Servant had been to speak with me and in the Morning about Eight or Nine a Clock Saturday the 22d he sent his Servant to me to tell me his Master would speak with me at his Lodgings I went to his Lodgings and he then lay in Maiden-Lane at one Brown's a Surgeon's When I came in he was in Bed and he told me in French Tonts Parties sont Prests All Parties are ready I understood all along that there were Three Parties to be engag'd one to attack the King's Coach and the Two others the Guards Sir George Barclay was to head the first and Porter and Rookwood the rest Mr. Porter arose and dress'd himself and in came Mr. Cranburn and Mr. Porter went out to him into the Dining-Room and what he said I can't tell But soon after came in Pendergrass Mr. Key and Mr King and then he takes Pen Ink
gave it to Mr. Cranburn to carry it to Mr. Chernock what the particular Message was I cannot be positive Indeed I don't very well remember the Message but the List was carry'd to Mr. Chernock and to the best of my Memory it was to give Mr. Chernock an Account what men he was sure of for Mr. Porter told me of several disappointments he had had of Persons that had promis'd him and fail'd Mr. Phipps Can you remember what Mr. Cranburn said upon that M. De la Rue No I do not Cranburn What Message was that you say I brought from Sir George Barclay M. De la Rue I do not say that you brought any Message from Sir George Barclay Cranburn You said that I brought a Message that Sir George Barclay would see him M. De la Rue I do not say so but I say that you told Mr. Porter that Mr. Chernock sent you with a Message to let him know that Sir George Barclay was desirous to see Mr. Porter to confer about taking care of themselves Cranburn Did you hear me name Sir George Barclay's Name M. De la Rue Yes I say you told Mr. Porter that Mr. Chernock bid you caution him to take care of himself and that he wou'd go that way for Sir George Barclay and he desired to see him and Mr. Porter said it was an unreasonable thing for Mr. Chernock to desire it because they knew he was under Circumstances that it was not proper for him to go and he wondered rather they would not come to him L. C. J. Holt. What time a Day was this M. De la Rue It was about Twelve a Clock I think L. C. J. Holt. Was it after such time as the News was brought that the King did not go abroad that Day M. De la Rue Yes my Lord it was after that time Mr. Phipps Were you with Sir George Barclay when he was here in England Did you see him here M. De la Rue I did not see him on this side of the Water I knew him abroad and a great many other Unfortunate Persons that were concern'd in this Affair I knew some of them here and that they were concern'd in the Design but I did not converse with many indeed with but a very few about it for to shew that I was not a man that design'd to trappan or insnare any man I did never exchange Two Words about this Matter with any Persons that I knew were concern'd in it but Sir William Parkyns and that but in a small measure and Mr. Chernock and Mr. Porter and Mr. King and Col. Parker except what past upon the 22th between Mr. Porter and Mr. Chernock when Mr. Porter sent Mr. Cranburn to Mr. Chernock Mr. Cranburn was one who Mr. Porter called his Quarter-Master I know this Gentleman was commonly depending upon Mr. Porter but I think I never was much in his Company I did not know what Design he had upon him but I was told by Mr. Porter that he Intended to make him his Quarter-Master and I understood Mr. Porter was to have a Troop of Horse in Col. Parker's Regiment Mr. Phipps You say you knew a great many of them that were concern'd but you discours'd and conversed but with a few M. De la Rue I do so Sir Mr. Phipps How do you know that they were concern'd when you did not discourse with them M. De la Rue By Information from Mr. Chernock and Mr. Porter Mr. Phipps Do you know any thing more of Mr. Cranburn than the List and what you have said already M. De la Rue I give you an Account of all that I do know L. C. J. Holt. Answer that particular Question Do you know nothing more than what you have said M. De la Rue No my Lord I do not remember nor know any more as to Mr. Cranburn than what I have declared and I am sorry I had Occasion to declare so much Mr. Att. Gen. Then call Mr. Pendergrass who was sworn Mr. Sol. Gen. Pray will you give my Lord and the Jury an account of what you know of the Intended Assassination and how far Mr. Cranburn the Prisoner at the Bar was concerned in it Capt. Pendergrass My Lord the 13th of February last I came out of Hampshire Mr. Porter sent for me to come to Town and I met him that day at the Blue-Posts in Spring Garden and there he told me of the Assassination that was to be done on Saturday following The next day we dined at the Rose-Tavern where the Prisoner dined with us and we talk'd of the Business that was Friday the 14th and we were to be in readiness the next day to assassinate the King as he was coming from Richmond but some Company coming in afterwards we left off the Discourse and talk'd no more that Night The next day that we were to do the Business we met at the Blue-Posts in Spring-Garden and finding the King did not go abroad that Saturday we dined there at the Blue-Posts and talk'd over again of Assassinating the King and the Prisoner was by at the same time they were all mightily concerned the King did not go that Saturday but when we had dined there we had no further Discourse about the Assassination that day but every body was to prepare against the next Saturday L. C. J. Holt. Was that agreed upon then Capt. Pendergrass Yes it was by all the Company so we parted that day Some time the next Week I met Mr. Porter and Mr. Porter ask'd me if I had a Horseman's Sword I told him no Says he to Mr. Cranburn let Captain Pendergrass have one of the Horsemens Swords that you have got Says Mr. Cranburn to me if you will come to my House you shall make choice of one your self for I have several at home Said I Mr. Cranburn I cannot go that way but I 'll take one of your Choosing if so be you 'll leave it at my Lodgings He said he would do it and did he left it at my Lodgings in Suffolk-Street which Sword I have still The day following I met him and he ask'd me if I had receiv'd the Sword I said I had it and he said it was very well After this I did not see Mr. Cranburn till Saturday the 22d at which time I came to Mr. Porter's Lodgings between Nine and Ten a Clock in the Morning and the Prisoner at the Bar was there and I heard Mr. Porter give him a Message to go to Sir William Parkyns for some Horses I know not how many The Prisoner went and in some time after came back again and brought an account that the King went out that Saturday the 22d to Richmond so every body was to get ready And Mr. Cranburn said that Mr. Chernock desired that Mr. Porter would send a List of his Men upon which Mr. Porter wrote a List of his Men and gave it to the Prisoner to carry it to Mr. Chernock and bid
Mr. Att. Gen. Look ye Capt. Porter you see that man there Capt. Porter Yes Mr. Att. Gen. Pray give an Account of what you know of that mans coming in to you at the Sun Tavern Capt. Porter I came several times out of Sir George Barclay's Room into theirs and to the best of my Remembrance Mr. Cranburn was there before Gunn came in Sir B. Shower Do you remember whether the first time that you went out of Sir George Barclay's Room to speak with Mr. Cranburn Mr. Gunn was there Capt. Porter To the best of my remembrance he was not to the best of my remembrance Mr. Gunn I saw Mr. Cranburn in the Room before you was there Sir B. Shower Did not you order Gunn to come with him to the Sun Tavern Capt. Porter Yes Sir I did Sir B. Shower Can't you tell whether they came together Capt. Porter I was not in the Room when they came in first but to the best of my remembrance he was not there when I came in the first time L. C. J. Holt. Now Gunn you hear what Capt. Porter says before you went away to your own House did Mr. Porter come into the Room to you Gunn Indeed my Lord I am not positive I think he did Mr. Att. Gen. Neither of them is positive and it is a Circumstance not very material for it seems he was absent and then the Discourse might be L. C. J. Holt. No it is not material but you see upon a strict Examination what it comes to Sir B. Shower They are agreed upon it I perceive to be positive on neither side Mr. Phipps Mr. Cranburn pray ask Mrs. Gerrard what you have a mind Cranburn Pray what do you know of Capt. Porters going out in Disguise and wearing false Hair and Vizards and going upon the High-way and such things Gerrard I know not what Mr. Cranburn means at which the People laugh'd Sir B. Shower It is no laughing matter when a man is upon his Life L. C. J. Holt. No no let him have fair play Answer the Question Cranburn Do you know any thing of your Masters going abroad in Disguises Gerard. I do not know any thing of my Masters going upon the High-way L. C. J. Holt. Did he go out with Vizards or any such things Gerrard I never saw him wear a Vizard or false Beard in my Life but he had once a Patch on when he was forced to keep out of the way upon the Account of the Dog Tavern Business in Drury-Lane Mr. Phipps See if Mr. Edward Bouchier is here He was call'd but did not appear Sir B. Shower Call Mrs Burton which was done but she did not appear Mr. Phipps Is William Hardyman here he was cal'ed but did not appear Sir B. Shower Then call Simon Dawson and we have done which was done Cryer They are all call'd but they do not appear Sir B. Shower My Lord we must submit it to your Lordships Directions upon the Evidence that has been given as to the Credibility of these Witnesses and whether what Capt. Porter says and what Gunn says be consistent so that you can be satisfied there are Two Lawful Credible Witnesses to prove any Overt-Act L. C. J. Holt. Yes sure but I would have you debate it if you believe there be any thing in it Sir B. Shower I submit it to your Lordships Directions L. C J. Holt. The Question is Whether I should give any Directions at all or no or whether there be any occasion for it Cranburn I declare this openly before this Honourable Court and so many Noblemen as are here that Mr. Porter never made me acquainted with this Design till what he swore here L. C. J. Holt. I can't tell t is sworn by 2 Witnesses Cranburn I do declare tho' Capt. Pendergrass says he does not remember it that Capt. Porter did declare in Spring Garden the 22th when we came out of the Blew Posts by the Rails if this Design miscarry says he Mr. Charnock may thank himself for I never communicated this Secret to any of my Friends L. C. J. Holt. But hark ye do you consider what you say if this Design miscarryed Pray what Design was that Cranburn He never named any thing but the Design he did not say what it was L. C. J. Holt. But why were you imploy'd to carry a List from Capt. Porter to Mr. Chernock and to bring a List back again from him to Capt. Porter Cranburn I did carry the Note but there was nothing mentioned what the List was for L. C. J. Holt. Then when you were there on Fryday the 14th and there the Design was propos'd to Assassinate the King the next Day and you engag'd in it Cranburn Not a Word of it True my Lord. L. C. J. Holt. Aye but Mr. Pendergrass swears it and that you were hearty in the Matter and hop'd you should do your Business the next day Cranburn I can't help it if he does swear it L. C. J. Holt. Then you were at the Meeting at the Sun Tavern the 21th Cranburn My Lord you hear what Gun says L. C. J. Holt. As to that they are neither of them positive but you did there promise and undertake the Matter that Capt. Porter is positive in that it was agreed by you all to do it the 22th and Mr. Pendergrass says when you were disappointed the 15th you agreed all to pursue the same Design the Saturday following Cranburn My Lord I did not dine at the Blew Posts that day L. C. J. Holt. But you were there I think indeed Mr. Pendergrass says you came in after Dinner and had some Stakes Cranburn I never heard Directly nor Indirectly of this Design till what I heard them swear here L. C. J. Holt. Gentlemen of the Jury you do understand for what Crime this Prisoner at the Bar is Indicted It is for High-Treason in designing and compassing the Death of the King which was to be effected 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 his Coach The Question Gentlemen is whether this Prisoner be Guilty of this Crime or no there have been three Witnesses produced that have given evidence against him Captain Porter Mr. De la Rue and Mr. Pendergrass and they do all tell you that there was such a design 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 Brentford and Turnham-Green There were Diverse Persons Ingaged in this Design which Sir George Berclay was come from France to promote and manage Captain Porter as it does appear upon his Evidence was a Person that was principally Ingaged and at that time was hearty in the Prosecution of it As to Mr. Cranburn Cap. Porter tells you he was a Man that he had had a long acquaintance with and had Imployed him and designed to