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england_n	aforesaid_a	king_n	lord_n	5,125	5	4.5369	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

that was in his right Senses he must have been a Mad-man if he had done it one that stood so well with the present Government and of a Family never tainted with Disloyalty Certainly Gentlemen when we make out this to you against Mr. Goodman the Prisoner can be in no Danger of his Life from Mr. Goodman's Evidence tho' he is an unfortunate Man to come under such an Accusation but I cannot believe that any Jury upon such a Man's Evidence will brand an honest Family with the foulest vilest blackest Treason that ever was hatch'd no Gentlemen you are Men of Ability and Understanding and that is it we relie upon we doubt not but that you will consider the Evidence and consider your Oaths and not let the Prisoner's Blood lie at your Doors therefore we shall go on and call our Witnesses to make out what I have open'd Sir B. Shower My Lord we desire to call our Witnesses and I shall reserve my self to make some Observations after we have given our Evidence Mr. Serj. has open'd as much as we can prove and we will now produce our Evidence First we will shew the Conviction of Goodman Mr. Burleigh where is the Conviction Mr. Brul Here it is Sir Sir B. Shower Where had you it Sir Mr. Burleigh Out of the Treasury at Westminster Sir B. Shower Is it a true Copy did you examine it there Mr. Burleigh Yes it is a true Copy I did examine it with the Record Sir B. Shower Then read it Mr. Tanner Cl. of Arr. Read Michaelmas Term Tricesimo secundo Caroli Secundi L. C. J. Treby Read the Record in English to the Jury Cl. of Arr. Reads Be it remember'd that Sir Robert Sawyer Knight Attorney General of our Lord the King that now is who for the same our Lord the King in this part sueth came here in the Court of our said Lord the King before the King himself at Westminster on Thursday next after three Weeks of St. Michael the same Term and for the same our Lord the King brought here into the Court of our said Lord the King before the said King then and there a certain Information against Cardell Goodman late of the Parish of St. Martin in the Fields in the Country of Middlesex Gentleman which Information follows in these Words Scilicet Middlesex scilicet Be it remember'd that Sir Robert Sawyer Knight Attorney General of our said Lord the King that now is who for the same our Lord the King in this behalf sueth in his own proper Person came here into the Court of our said Lord the King before the King himself at Westminster on Thursday next after three Weeks of St. Michael that same Term and for the same our Lord the King gives the Court here to understand and be inform'd That Cardell Goodman late of the Parish of St. Martin in the Fields in the County of Middlesex Gentleman being a Person of a wicked Mind and of an ungodly and devilish Disposition and Conversation and contriving practising and falsely maliciously and devilishly intending Death and Poisoning and final Destruction unto the Right Nobel Henry Duke of Grafton and George Duke of Northumberland and that the aforesaid Cardell Goodman his most wicked most impious and devilish Intentions Contrivances and Practices aforesaid to fulfil perfect and bring to effect the thirtieth Day of September in the six and thirtieth Year of the Reign of our Lord Charles the Second now King of England c. and diverse other Days and Times as well before as after at the Parish of St. Martin in the Fields in the Country of Middlesex with Force and Arms c. falsely unlawfully unjustly wickedly and devilishly by unlawful Ways and Means did solicite perswade and endeavour to procure one Alexander Amydei to prepare and procure two Flasks of Florence Wine to be mix'd with deadly Poison for the poisoning of the aforesaid Right Noble Henry Duke of Grafton and George Duke of Northumberland and his most impious and devilish Contrivances Practices and Intentions aforesaid to fulfil perfect and the more to bring to effect the aforesaid Cardell Goodman the Day and Year abovesaid at the Parish aforesaid in the Country aforesaid falsely unlawfully unjustly maliciously and devilishly did promise and agree to give unto the aforesaid Alexander Amydei forty Pieces of Guniea-Gold of the Value of forty Pound of lawful Money of England if he the said Alexander Amydei wou'd prepare procure and provide two Flasks of Florence Wine to be mix'd with deadly Poison for the poisoning of the aforesaid Right Noble Henry Duke of Grafton and George Duke of Northumberland and if the aforesaid Poison with the Wine aforesaid to be mix'd shou'd effect the Death of the aforesaid Henry Duke of Grafton and George Duke of Northumberland that then he the said Cardell Goodman wou'd give unto the said Alexander Amydei the Summ of one Hundred Pounds and that beyond Sea he wou'd maintain the said Alexander all the Days of him the said Alexander to the evil and most pernicious Example of all others in the like Case offending and against the Peace of our said Lord the King that now is his Crown and Dignity c. Then here is process pray'd by the Attorney General against Mr. Goodman who comes and by his Attorney pleads not Guilty and here is Issue joyn'd Sir B. Shower Well see for the Verdict Cl. of Arr. There was a Tryal at Ni●i Prius and the Jury find that the said Cardell Goodman is Guilty of the Premisses in the Information specify'd as by the Information is supposed against him Sir B. Shower Now read the Judgment Cl. of Arr. Thereupon it is consider'd that the said Cardell Goodman do pay to the King the Summ of One Thousand Pounds for his Fine impos'd upon him for the Occasion a foresaid and that the aforesaid Cardell Goodman be committed to the Marshalsea of this Court in Execution for his fine aforesaid that he be safely kept there till he pay his Fine aforesaid and before that the said Cardell Goodman is deliver'd out of the Prison aforesaid he shall give Security to behave himself well during his Life and also shall give Security for the Peace to be kept towards the said Lord the King and all his People and particularly towards the Right Noble Henry Duke of Grafton and George Duke of Northumberland Mr. Serj. Darn So you hear the Record of the Information Conviction and Judgment for a very horrid abominable Crime Mr. Att. Gen. But I desire they may now go on and read the whole of the Record Cl. of Arr. Reads And afterwards to wit on Friday next after eight Days of St. Hilary in the thirty sixth and thirty seventh Years of the Reign of our said Lord the King that now is before our said Lord the King at Westminster came the aforesaid Sir Robert Sawyer Knight Attorney General of the said Lord the King that now is and acknowledged that the said Cardell Goodman has

in the War aforesaid And to Stir up and Procure those Foes and Enemies the readilier and more boldly this Kingdom of England to Invade the Treasons and Trayterous Contrivances Compassings Imaginings and Purposes of the said Peter Cook aforesaid to Perfect and Fulfil also the same First day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid He the said Peter Cook divers Horses and very many Arms Guns Muskets Pistols Rapiers and Swords and other Weapons Ammunition and Warlike Matters and Military Instruments Falsly Maliciously Secretly and Trayterously did Obtain Buy Gather together and Procure and to be Bought Gathered together Obtained and Procured did Cause and in his Custody had and detained to that Intent To use the same in the said Invasion War and Rebellion against our said Lord the King that now is Him our said Lord the King of and from the Regal State Crown and Government of this Kingdom of England to Depose Cast down and Deprive and Him to Kill and Murther and the Designs Intentions and all the Purposes of him the said Peter Cook aforesaid to Fulfil Perfect and fully to bring to Effect against the Duty of his Allegiance and against the Peace of our said Sovereign Lord that now is his Crown and Dignity as also against the Form of the Statute in such Case made and provided Upon this Indictment he has been Arraigned and thereunto has pleaded Not Guilty and for his Tryal hath put himself upon God and his Country which Country 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 inquire 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 had sound 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. Mompesson May it please your Lordship and you Gentlemen that are sworn this is an Indictment for High Treason against Peter Cook the Prisoner at the Bar and the Indictment sets forth That whereas there has been an open and cruel War for a long time and still is between his Majesty King William and the French King the Prisoner at the Bar not weighing the Duty of his Allegiance the First of July in the Seventh year of the King's Reign Did Compass and Intend to Depose and Deprive the King of the Title Honour and Dignity of the Imperial Crown of this Realm and likewise to put the King to Death and did adhere to the King's Enemies and to fulfil these Treasons he did Consult with Chernock and several other Traytors who were mentioned there and some of whom have been found Guilty of Treason and executed for it to send over to the late King James to perswade the French King to send over Soldiers and Arms to invade this Kingdom and to raise an Insurrection and Rebellion in it and to Deprive and put the King to Death and to compleat these Treasons it further sets forth That the Prisoner at the Bar did provide several Arms and Horses and this is laid to be against the Duty of his Allegiance against the King's Peace Crown and Dignity and against the Form of the Statute in that Case made and provided to this he had pleaded Not Guilty and for Tryal put himself upon the Country and Gentlemen if we prove these Facts laid in the indictment it s your Duty to find him Guilty Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason Cook My Lord Chief-Justice if your Lordship pleases before the Witnesses are Examined against me I intreat you that they may not be both in Court together that one may not hear what the other swears tho' I suppose it is the same thing for they have been together both now and the last day L. C. J. Treby Mr. Cook I must tell you it is not necessary to be granted for asking for we are not to discourage or cast any Suspicion upon the Witnesses when there is nothing made out against them but it is a Favour that the Court may grant and does grant sometimes and now does it to you tho' it be not of necessity they shall be examined apart but at present this is not the time of Examination for the King's Counsel are now to open the Evidence before they examine the Witnesses but when the time comes for the Witnesses to be called and examined the Court will in favour to you take care that your Request be complied with Mr. Att. Gen. May it please your Lordship the Prisoner stands Indicted for High Treason in Compassing and Imagining the Death and Destruction of his Majesty and likewise in adhering to his Majesty's Enemies these are the Treasons specified in the Indictment the Overt Acts that are laid to prove these Treasons are That he with several other Traitors named in the Indictment did Meet and Consult and agree to send over Chernock into France to invite the French King to make an Invasion upon the Kingdom and did provide Arms for that purpose Gentlemen the nature of the Evidence that you will have produced to prove the Prisoner Guilty of these Treasons lies thus It will appear to you that there has been for some time a Conspiracy carried on by several Traytors and Wicked Persons to subvert the established Government of this Kingdom and destroy the Constitution of England by a Foreign Invasion of the French You will hear that this Conspiracy was laid wide and consisted of several parts one part was that of Assassinating his Majesty's Royal Person and that was to be done first as a Preparation and Encouragement to the French to invade the Kingdom the other part was the inviting the French King to invade us and the Prisoner at the Bar is accused of being concerned in that part that relates to the Invasion of this Kingdom by a French Power and tho' it may be the other part that of Assassinating the King be the Blackest part of the Conspiracy yet if the Prisoner at the Bar has been ingaged in the inviting a Foreign Power to invade the Kingdom my Lords the Judges will tell you in Point of Law that is as much an Overt Act of the Compassing the Destruction of the King and People of England and the Subversion of our ancient good Constitution as if he had been concerned immediately in the other part the Assassination But now Gentlemen that the Prisoner was ingaged in Inviting the French to Invade us you will hear proved by several Witnesses that there having been a Design last Year just before his Majesty

Act of Parliament to take Exceptions to the Indictment before this Jury sworn as we did before the other Jury sworn since all that is quite set aside L. Ch. J. Treby Yes truly I think that may be Mr. Attorn Gen. But these Gentlemen would have done well to have given notice of their Exceptions Sir B. Shewer My Lord I shall not stand upon an Exception which I think I might take to the word Turmas in the Indictment which whether it be Troops of Men or Horses or what it is does not appear but I think we have an Exception to the cheif Overt Act laid in the Indictment and that we presume if my Brief be right will be sufficient to set aside this Indictment The Indictment charges That Mr. Cook did agree with other Traytors to send Mr. Chernock into France to the said late King James and King Jam●s is never mentioned before in all the Indictment that is one Exception that we have that there is no late K. James mentioned in the Indictment before this if my Copy be right if it be otherwise I suppose they will find it it is laid that Mr. Cook did agree to send Cherneck as a Messenger into France eidem nuper Regi Jacobo and no Rex Jacobus mentioned before Then there is another Exception and that 's this They come and say that whereas there was a War with France which is only in the Indictment by way of recital or rehearsal of an History Quod cum per magnum Tempus suit mode fit c. Mr. Cook the Premisses knowing did compass and imag●ne the Kings death and did adhere to the said Kings Enemies such a day Now my Lord I do think that this can never be maintained for that Cum quoddam Bellum c. being an Historical Narrative is not positive enough For adhereing to the Kings Enemies being one of the Treasons laid in the Charge there ought to be a War at the time of the adhesion and of necessity then that ought to be presented by the Jury for tho your Lordships can Judicially take notice of War or Peace yet you cannot take notice of it at such a particular time and the reason is from the Notion that is in my Lord Coke in his 3d Institutes Cap. Treason That adhesions to Rebels is not adhesion to the Kings Enemies for a Rebel is not said to be an Enemy but it must be adhereing to such an Enemy as between whom and the King there was War at that time and consequently it ought to be more positively averred in the Indictment than it here is but as to the Overt Act of Mr. Cooks consulting and agreeing to send Chernock over to the said late King James to give him notice of what was agreed upon between them when King James is not named before that can never be got over with submission Mr. Baker It is a mistake of your Copy Sir Bartholomew Shower Mr. Att. Gen. I have looked into the Record and it is Jacobo Secundo nuper Regi not Dicto Sir B. Shower Then with submission my Lord they cannot try us now for we ought to have a true Copy of the Indictment Mr. Baker Upon Demand But you never demanded it Sir Barth Shower Yes it was demanded Mr. Baker Who demanded it Sir B. Shower Our Sollicitor Burleigh Mr. Baker No he did not I gave it him officiously Mr. Att. Gen. With submission my Lord it is no Objection at all that their Copy is wrong That should have been before the Prisoner had pleaded for the words of the Act are that he shall have it so many days before to enable him to plead and he cannot be put to plead unless he have a Copy of the Indictment so long before and at Rookwood's Tryal it was said by the Court it could not be alleged after Plea pleaded Mr. Burleigh The Copy was given to me publickly in Court Mr. Soll. Gen. Why did not your Sollicitor compare it with the Indictment Mr. Att. Gen. They might have compared it by the Clerk's reading it to them but they will not admit the Prisoner's Sollicitor to see the Original because the Act expresly says they shall not have a Copy of the Witnesses Names Sir B. Shower The Officer is to deliver a true Copy of the Indictment Mr. Att. Gen. No the Party is to demand it by himself or his Agent and then he is to have it and if he be denied he ought to apply himself to the Court who will order the Delivery of it but we stand upon it that they cannot take this Exception now after they have pleaded for the intent of the Copy is to enable him to plead L. C. J. Treby The Copy by the Act of Parliament is to be delivered to the Prisoner his Attorney Agent or Sollicitor if they require the same and here it seems there was no requiring of it but it was voluntarily given and now you have lapsed your time of making the Exception of wanting a Copy by having pleaded to the Indictment whereby you have in effect admitted and declared either that you had a true Copy of it or that you did not think fit to require one for the use of the Copy is to better enable the Prisoner to plead But when you did plead you took upon your self to be well able to plead without the help of a Copy which you might have had upon the asking for Sir B. Shower Then my Lord there is another thing in the Indictment that in this Overt-Act there is a new Time and a new Place and a new Verb and a new Fact alleged and no Nominative Case it is alleged that Peter Cook at first with others did so and so and then the first of July to bring the Treasons aforesaid to effect there alibi c. which is very loose for I know not whence the Venue must come did traiterously with Chernock Friend c. consult to procure Diversas Turmas Legiones c. to join with them in England and then it comes ulterius such a Day Year and Place did traiterously agree so and so and not say who now this is neither by express words nor Rule of Grammar to be referred to the Prisoner at the Bar it does not say Ipse Idem Petrus Cook now my Lord that the King's Counsel thought it necessary in every OvertAct is plain because those words are put in every other Clause of the Indictment in those Clauses that goe before and those Clauses that come after then if they will take it that this Clause must refer to the next Antecedent that will not do for the next precedent Nominative Case is either Friend or Chernock So that this is without a Nominative Case and the Presidents in my Lord Coke's Entries 361 and all the other Books have the Nominative Case repeated where there is a new Time and a new Place and a new Fact alleged now it might be true that the Prisoner at the

Bar might be present and this same Treason might be discoursed of and agitated and there might be a Consult about this Business and yet it is not necessarily implied that he must consent and agree to send Chernock into France upon which the great stress of the Indictment lies therefore we say these words having no Nominative Case the Indictment cannot hold Mr. Att. Gen. My Lord as to this Objection it will receive a very plain Answer Our Indictment begins and sets forth that Peter Cook the Prisoner at the Bar did imagine and compass the King's Death and did adhere to the King's Enemies and these are the Treasons and then it sets forth the Overt Act that in Execution of the traiterous Compassings Imaginations and Adhesions aforesaid Ipse Idem Petrus Cook together with Sir William Parkins Mr. Chernock Sir John Friend and others did propose and consult to procure from the French King Forces to invade this Land ulterius he and they did agree to send Chernock to the late King James Mr. J. Rookeby There 's the first naming of James the Second late King of England and there is no eidem Jacobo I promise you L. C. J. Treby Well that Mistake is over Pray go on Mr. Attorney General Mr. Att. Gen. My Lord as to this Objection of Sir Barth Shower he would have Ipse Idem Petrus repeated over again and he says that we lay a distinct Over-Act with a different Time and Place Now that is a mistake too it is not a different Time and Place but the same Time and Place and it mentions that cum R. Chernock J. Friend c. cum aliis Proditoribus conveniebat consultabat c. Which he says may refer to Sir J. Friend or Charnock but if you look into the Frame of the Sentence that can never be Mr. J. Rookeby Petrus Cook is the Nominative Case that governs all the Verbs Mr. Att. Gen. And there is no other Nom. Case in all the Indictments but Petrus Cook except it be in a Parenthesis and that saves the Rule of Grammar if there were any thing in it that it must refer to the last antecedent Sir B. Shower When it comes to the Clause that he did procure Horse and Arms there the Nominative Case is repeated L. C. J. Treby It would not have made it worse if they had made it so here but the Question is whether it be necessary Sir B. Shower Indictments ought to be precisely certain but this we say is not so Mr. Att. Gen. But here is as much certainty as to the Person as can be that he did consult with such and such about such things and further the same Day did agree with the same Traytors to do so and so Mr. J. Powell Indictments it is true ought to be plain and clear but I do not see but here is as much certainty as can be that he did such a Day consult and further the same Day did agree with the same Persons Sir B. Shower VVho did agree my Lord Mr. J. Powell He that did consult with them before and that is Peter Cook Mr. Att. Gen. You 'd have had us to have put it to every Verb I believe Sir B. Shower In Indictments no Presumption ought to be used but the Facts ought to be directly and positively alleged Mr. J. Powell It s true there should be no Presumption and there is none here for certainly this is a plain Assertion of Fact L. C. J. Treby Here are two things that are set forth First That Peter Cook did meet with Sir John Friend Sir William Parkyns and others and then and there did consult with them and consent to procure an Invasion and joyn an Insurrection thereto And Secondly Further with the said Traytors did agree to send Chernock into France Now what is the Nominative Case to this Agreement Is it Sir John Friend and Sir William Parkyns That 's impossible for they could not be said properly to meet and consult with themselves every one of them with his own self and the rest And then the Number if it had referr'd to them should have been Plural but here it is Singular agreavit and the sense is no more than this That then and there Mr. Cook did meet with such Persons and did consult with them about such and such Matters and further did agree with them to do thus Sir B. Shower The meaning is not to be forced and strained by Inference or Presumption but it ought to be express and plain L. C. J. Treby Nay you cannot express it better you may make a Tautology of it if you will Sir B. Shower The Paragraph is long my Lord and therefore requires the more care to have those Repetitions that are necessary L. C. J. Treby Your Objection to this Paragraph is that it is too long but repeating the same Nominative Case to every Verb would make it much longer Sir B. Shower It cannot be understood to mean Peter Cook without Presumption which ought not to be in an Indictment Mr. Att. Gen. And as to Sir Bar. Shower's first Objection his Copy is right too and he mistook the place Sir B. Shower You shou'd have given me that for an Answer Mr. Att. Gen. Nay you should have taken more care and not have made the Objection L. C. J. Treby Truly I think it is hardly possible to have made this better if it had been otherwise than it is Mr. Serj. Darnel My Lord we think we have a good Fact of it which we rely upon and therefore do not so much insist upon these Exceptions tho in duty to our Client we mention that which we think is necessary and we submit to your Lordship Cl. of Arr. Set Peter Cook to the Bar. Which was done You the Prisoner at the Bar these good Men which 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 wou'd challenge them or any of them your time is to speak unto them as they come to the Book to be sworn and before they be sworn Cryer Call Sir John Sweetapple Sir John Swetapple Here. Cook My Lord Chief Justice if your Lordship please I am advised L. C. J. Treby Pray Sir speak out that we may hear what you say and let the Cryer make proclamation for silence Which was done Cook My Lord before the Jury is called I am advised that if any of the Jury have said already that I am guilty or they will find me guilty or I shall suffer or be hanged or the like they are not fit or proper Men to be of the Jury L. C. J. Treby You say right Sir it is a good cause of Challenge Mr. J. Rokeby That will be a sufficient cause if when they come to the Book you object that and be ready to prove it Cook Which is Sir John Sweetapple He was shewn to him Cl. of Arr.

send him to the Goal I 'll assure you Mr. Burleigh This Gentleman my Lord did hear such a Discourse to the Jury pointing to a Gentleman there who stood up My Lord I cannot positively swear to the Man but I did hear some Discourse that it was the same Evidence as in the former Tryal L. C. J. Treby If you can show us who it was we will take care to punish him I suppose he stands Corrected and if we knew who he was he shou'd stand Committed Mr. Att. Gen. Pray Mr. Goodman begin again and tell what pass'd at that Meeting because the Jury were interrupted from hearing by People's buzzing about them Mr. Goodman My Lord When Captain Porter brought me up into the Room I told you what Gentlemen I found there after we were set down there was a Consultation that considering the French King's Wars Retarded the Affair of sending back King James and the means of Restoring him to the Crown it was fit we shou'd find out some way or method to facilitate his Restoration and it was thought convenient to have a Messenger to send over to King James with Proposals for that purpose to this effect as near as I remember That if King James cou'd prevail with the French King to furnish Ten thousand Men whereof 8000 to be Foot 1000 Horse and 1000 Dragoons we wou'd endeavour to meet him at the Head of as many Horse as we cou'd raise to sustain those Forces at their Landing This was Debated in order to come to a Resolution and much Difficulty there was how many the Number should be the Man pitch'd upon to be sent was Mr. Chernock and after some Debate how many Thousand Horse could be raised Says Mr. Chernock Don't let me go over upon a foolish Errand but let me know what I have to say exactly Thereupon it was concluded by all that Two thousand Horse should be the Number we cou'd promise and the King might depend upon them and if we brought more so much the better and Sir John Freind said I believe he has so many Friends here that if he came himself he might be welcome but that we did not think fit to trust to and no body wou'd advise any such thing when the Resolution of the Thing and the Number was thus fix'd Mr. Chernock ask'd whether it were with all our Consents and that he might assure the King that this was our Resolution thereupon we all rose up and said to him Yes you may yes you may every one particularly and I remember one thing particularly concerning the Prisoner Mr. Cook That he kneel'd upon the Chair when he said Yes you may and his Elbows were upon the Table This is all that I know of that Meeting There was to be another Meeting as Captain Porter told me but I had business in the City but whatsoever he promised on my behalf as to the Quota of Men I wou'd be sure to make it good and I was not at the second Meeting Mr. Att. Gen. Did you see Mr. Chernock afterwards Mr. Goodman Yes I did when he came back and he told me the Things was not accepted for the French King cou'd not spare Men and that he had been with the several Gentlemen to carry them the Complements that he had in charge from King James who returned them Thankes for their good Affection and among the rest he did me the Honour to return me Thanks too Sir B. Shower Pray Mr. Goodman let me ask you a Question When was it that you saw Mr. Chernock after this Mr. Goodman It was in Arundel-street at his Lodgings Sir B. Shower But I ask you Sir when it was Was it before or after the Tenth of June Mr. Goodman It was after the Tenth of June Sir Sir B. Shower How long after pray Mr. Goodman I believe it was a Month after the Tenth of June Sir B. Shower Did you see him here in England before Mr. Porter was Discharged from the Riot and came out of Newgate Mr. Goodman I believe I did see him before Capt. Porter was Discharged long Mr. Serj. Darnall Who were the Persons that were present at that Meeting Mr. Goodman My Lord Montgomery My Lord of Aylesbury Sir John Fenwick Sir John Freind Sir Wiliam Parkyns Mr. Chernock Capt. Porter and the Prisoner at the Barr Mr. Cook Mr. Serj. Darnall Were you at Dinner with them Sir Mr. Goodman No I came in after Dinner Mr. Serj. Darnall Pray what House was it do you say this Meeting was at Mr. Goodman It was at the King's-Head in Leaden-Hall-street Sir B. Shower Can you tell what day of the Week it was Mr. Goodman No nor the day of the Month. Sir B. Shower Was you ever in the Company of these Gentlemen at any other time Mr. Goodman No this was the only time that I heard of this Consultation I was not at the second Meeting Cook If your Lordship pleases may I ask Mr. Goodman any Questions L. C. J. Treby Yes by all means ask him what you will Cook Mr. Goodman You are upon yor Oath but did you ever hear me speak ten words in your life was you ever in my Company in any House before or since Mr. Goodman Yes Sir I was in your Company at the Cock in Bow-street where you came in accidentally Cook Did you ever hear me talk of the Government or any thing of that nature Mr. Goodman What the Discourse was of I cannot particularly say but I am certain you was there And as to the Consultation that I now speak of I remember very well you gave your Consent in that manner as I have told the Court. Mr. Att. Gen. My Lord we have done at the present L. C. J. Treby Then Brother Darnall what say you for the Prisoner Mr. Serj. Darnall May it please your Lordship and you Gentlemen of the Jury I am Counsel in this Case for the Prisoner at the Bar Mr. Cook who stands Indicted of a very great Offence no less Gentlemen than High-Treason and if he be Guilty his Punishment will be as great But because the Punishment and the Offence are both very great the Law requires exact positive Proof and that by two credible Witnesses There have been two indeed that have been produced to you and if you believe both of them after what we shall offer to you against them and if what they swear be true the Prisoner is Guilty But if we satisfie you that either of them is not to be credited so that you do not believe both of them he must be acquitted There is no doubt Gentlemen but that here has been a Villanous Horrid Plot there is no question of it and it was as it has been opened basely to Assassinate one of the bravest Men living and to make the happiest People in the World if they know when they are so the most miserable People upon Earth by bringing them under French Tyranny and Slavery Many of the Traytors have been brought to