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england_n	william_n	wit_n	year_n	91	3	4.0346	3	false

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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

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

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

went to Flanders to expose his own Person for our Protection and the Protection of the Liberties of Europe there was a Conspiracy to Murder him before he went to Flanders which it seems they were not ripe for then but immediately after he was gone to Flanders you will hear there were formal Meetings of several Gentlemen and Persons of Quality among whom the Prisoner at the Barr was one There was a Meeting in May last Year after the King was gone to Flanders and this was at the Old King's Head in Leaden-Hall-street and there were present my Lord of Aylesbury my Lord Montgomery Sir William Parkyns Sir John Freind Mr. Chernock all which Three last have suffered the Punishment of-the Law for their Treason already and there were also Mr. Cook the Prisoner at the Barr Mr. Porter and Mr. Goodman these Men did meet together ' to consider of the best Ways and Means of Encouraging and Inviting the French King with an Armed Force to Invade this Kingdom They considered that That was a proper Opportunity and did treat of several Arguments that might perswade to it First that the King was gone to Flanders and so was not in Person here to Defend us and that the Troops to make good such Defence were in a great measure drawn thither to assist the Allies against the French Power They did think likewise that at that time there was a great Discontent and Dissatisfaction in the Nation though I think in that they were greatly mistaken and I believe and hope they will always find themselves so to think that the People of England are so little sensible of that which is the means of their Preservation as to hearken to any Discontents to Incourage a French Power to come into England to destroy our Religion and Liberties that indeed they did apprehend though they were mistaken and I believe they always will when they go upon that ground Gentlemen These Persons thinking this a proper Opportunity did agree to send a Messenger into France upon this Message To go to the late King James and perswade him to desire and prevail with the French King to assist him with Ten thousand Men 8000 Foot 1000 Horse and 1000 Dragoons and to incourage him they promised their Assistance here as soon as he came over and undertook that between them they could furnish and wou'd raise 2000 Horse to meet him at his Landing and joyn upon such an Invasion Gentlemen At this Meeting this was agreed upon by all that were there whereof the Prisoner was one and they did agree to send Mr. Chernock who has since been executed and a principal Incourager of the Design and Actor in it he was the Messenger that was appointed to go upon this Errand and Mr. Chernock was resolved to go but desired another Meeting of these Gentlemen to know if they continued in their former Resolution that he might have all the Assurance that was Reasonable to give the French King Incouragement to make the Invasion Accordingly another Meeting was had of most of the same persons that were at the Meeting before particularly the Prisoner at the Barr was at that second Meeting which was in Covent-Garden at one Mrs. Mountjoy's who keeps a Tavern next door to Sir John Fenwick's Lodgings there they met upon the same Design and upon Consultation had and the Question ask'd they did agree to continue in the former Resolution and upon that immediately Mr. Chernock went into France to sollicit Forces from thence to Invade us but it happ'ned as it seems that the French King's Forces were otherwise imployed so that he cou'd not spare so many at that time and this Return was brought by Chernock to the Gentlemen that imployed him That he had spoke with the late King who gave him that Answer That the French King cou'd not spare so many Men at that time but he thank'd them for their Kindness Gentlemen This will be the nature of Our Evidence to show that the Prisoner at the Barr was concerned in that part of the Conspiracy which relates to the French Invasion and if he be guilty of that in point of Law he is as much guilty of the Conspiracy to Depose and Murder the King as if he had been concerned in the other part of Assassinating his Royal Person and I believe no body can think that those that were to act in the Assassination wou'd have attempted to ingage in such a desperate Design if it had not been for the Incouragement of the French Invasion that was to second them afterwards if they succeeded so that no body can extenuate the Crime of the Invasion because as to the Horridness of the Attempt it is less Black than the other they are both Crimes of a very high nature and equally High-Treason and if we prove the Prisoner Guilty of this part we hope you will find him Guilty Mr. Soll. Gen. My Lord we will call our Witnesses and prove the Matter as it has been opened Call Captain Porter and Mr. Goodman Mr. Serj. Darnall Now my Lord we must desire that That may be done which our Client desired before and which your Lordship was favourably pleased to promise that the Witnesses may be examined a-part L. C. J. Treby Let it be so Who do you begin with Mr. Soll. Gen. We begin with Captain Porter my Lord. L. C. J Treby Then let Mr. Goodman withdraw Mr. Baker Let Mr. Goodman go up Stairs and we will call him presently Mr. Soll. Gen. Swear Captain Porter which was done Captain Porter Do you know Mr. Cook the Prisoner at the Barr Capt. Porter Yes my Lord. Mr. Soll. Gen. Do you remember a Meeting of some Gentlemen at the King's-Head Tavern in Leaden Hall-street Capt. Porter Yes I do Sir Mr. Soll. Gen. Then pray give an Account of the Company that were there the Time when and what passd Capt. Porter My Lord the last Year we had two Meetings the First was in May the other was the latter end of May or the beginning of June the First was at the Kings-Head in Leaden-Hall-street there were my Lord of Aylesbury my Lord Montgomery Sir John Fenwick Sir John Freind Sir William Parkyns Mr. Chernock Mr. Cook and my self Mr. Goodman came in after Dinner at this Meeting it was Consulted which was the best way and the quickest to Restore King James and hasten his Return into England several Discourses and Proposals there were at last it was agreed to send Mr. Chernock to the late King to borrow of the French King Ten thousand Men 8000 Foot 1000 Horse and 1000 Dragoons to be sent over into England to assist the King's Restoration Says Mr. Chernock thereupon This the King can do without your sending and I wou'd not go upon a foolish Errand What will you do to Assist in this Matter the Company desir'd him to promise King James That if he wou'd send word when he Landed and where they wou'd be sure to meet him at his Landing

Exception against the Legality of his Evidence but tends only to his Credit and nothing else Now tho' it be a black Crime to endeavour to poyson another yet that does not totally destroy any Man's Credit if it did then the other Gentleman Mr. Porter has confess'd himself Guilty of a greater Crime than that for which Mr. Goodman is Convicted by this Record for he owns himself one that was in that Design of Assassinating the King And Mr. Goodman owns himself too Guilty of a greater Crime that what 's objected to him which is that of High Treason and I hope if he may be believ'd when he owns himself guilty of High Treason which is a greater Crime than poysoning a private Subject or guilty of such a Design as the Assassination of the King which Mr. Porter has charg'd himself with and notwithstanding which they have not offer'd that as an Exception against Mr. Porter's Evidence for they very well know his Evidence has been Receiv'd and Credited Mr. Goodman may be Credited tho' Guilty of the Crime objected to him And the constant Practise in all Tryals of this kind hath been that it does not take away the Witnesses Evidence however it affects his Credit which in this Case is supported by the Concurrent Testimony of Mr. Porter And so then I say we have two Legal Witnesses notwithstanding all the Exceptions to prove Mr. Cook guilty of the Crime for which he is Indicted Then they go on further and produce other Witnesses First they produce one Edwards a Person that is Committed for High Treason himself and under Suspicion of his being to be one of those that was to have a hand in the Assassination but his Evidence goes no further than that Mr. Goodman told him he was to be a Witness against Mr. Cook and either he the Witness or Mr. Cook must suffer and That it was a foolish thing to be Hang'd My Lord there is nothing at all in this matter that takes away Mr. Goodman's Evidence It is very plain Mr. Goodman had forfeited his Life and must do something to save it and I think he could not do a better Service to entitle himself to the King's Mercy than to discover those that were equally guilty with himself 'T was his Duty to have done it if he had not been in Danger and if he hath done no more than what was his Duty I hope that is no Objection against his Testimony They have produced likewise a Drawer of the Kings-head Tavern one Crawford and he says he attended in this Room while this Company was there But then he goes a little further than the Councel or the Prisoner would have had him for they called him to prove that Mr. Goodman was not there when my Lord of Ailesbury my Lord Montgomery and Mr. Cook were there But when the Drawer comes he knows nothing of Mr. Goodman's being there at all He says Mr. Cook was there but not Mr. Goodman and yet he does acknowledge that Mr. Goodman might be there and he not see him come up He acknowledges he attended upon other Company as well as this so that it is plain in the nature of the thing and his own Confession that Goodman might be there This cannot take off the positive Evidence of Mr. Goodman and Mr. Porter who both swear That Goodman was there But then they produce another Drawer and that is one Huntley and he gives the same Account only indeed he says He was there all the while they were at Dinner But that is nothing because it is acknowledg'd both by Mr. Porter and Mr. Goodman That he was not there at Dinner-time but he might be there after Dinner and yet Huntly could not see him at Dinner He tells you likewise he pass'd up and down in the Room afterwards and did not see Mr. Goodman there but yet he might be there and he not see him Then they produce the Master of the House and he gives much the same Evidence in effect which his Servants do That he did not see Mr. Goodman there all the while but he says something that is a little incredible He can be positive that Mr. Goodman was not there while my Lord of Ailesbury was there but he cannot be positive that he was not there afterwards He tells you he met my Lord of Ailesbury and my Lord Montgomery upon the middle of the Stairs coming down and he is sure Mr. Goodman was not in the Room at that time Now is that possible that he could be sure of that when he owns and cannot but own That Mr. Goodman might go into the Room and he not see him So that he has made a strain in his Evidence that it is very little to be Credited which was not designed so much for the advantage of Mr. Cook as for the advantage of somebody else And in itself it is almost an impossible thing that it should be true by what he offers as the Reason of his Evidence But then Gentlemen you are to consider that all these three Witnesses if they swear true do falsifie not only Mr. Goodman who swears That he was there but they likewise falsifie the Evidence of Mr. Porter and for that Reason I ask'd Mr. Porter the Question Whether he did not give the same Evidence against Sir John Friend And if what he swears now be not true neither was it true when Sir John Friend was Try'd for he was the only Witness at that time against Sir John Friend for this meeting and therefore these mens Testimony tends to overthrow Both Witnesses as well as One And I must tell you that if Mr. Goodman be not a Legal Witness because he has sworn a thing that is not true then Mr. Porter is not a good Witness who has sworn the same thing viz. That Mr. Goodman was there and then you ought to acquit the Prisoner because there is no Witness against him at Law for there is the same Evidence against Mr. Porter that there is against Mr. Goodman as to this matter Then Gentlemen as for the Character of Mr. Cook they say he is a good English Protestant I hope he is so but it is plain that Religion does not vary the Case 'T is within the reach of every man's memory that is here that the same things have fallen upon other Gentlemen that have had the same Character particularly Sir John Friend and Sir William Parkyns who both said the same things in the same place That they were True Protestants of the Church of England But that is no manner of Evidence that will be of weight against Positive Oaths Now Gentlemen it is fit likewise you should reflect upon another thing What is it that should engage Mr. Porter and Mr. Goodman or invite either of those two Gentlemen to give a False Evidence against the Prisoner at the Bar It does not appear that there was any Injury done by him to them to provoke them to it so that it could