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 LONDON Printed for BENJAMIN TOOKE at the Middle-Temple-Gate in Fleetstreet MDCXCVI Die Sabbati Nono Maii Anno Domini 1696. Annoque Regni Gulielmi Tertii Octavo At the Sessions-House in the Old-Baily London Dominus Rex Versus Petrum Cook THIS day being appointed for the Tryal of Mr. Peter Cook upon an Indictment of High Treason found against him by the Grant Jury for the City of London upon the Commission of Goal-Delivery of Newgate holden for the said City upon which Indictment he had been Arraigned and upon pleading not guilty Issue had been joyned and the Court having been adjourn'd unto this day for the Tryal for publick Proclamation in usual manner the Court was resumed and the Names of the Men returned to serve on the Jury having been called over according to the Pannel and the Defaulters recorded the Court proceeded as follows Cl. of Arr. Set Peter Cook the Prisoner to the Bar Which was done You the Prisoner at the Bar those Men that 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 will Challenge them or any of them your time is to speak to them as they come to the Book to be sworn and before they be sworn Cook Sir I desire you would not Name them too fast for my Eyes are very bad Cl. of Arr. John Ewer Cook Who must I apply my self to Sir I desire to know Whether he is a Freeholder in London Cl. of Arr. I know nothing to the contrary Sir he is returned as such by the Sheriff you had best ask him himself he can best tell Cook Are you a Freeholder in London Sir Mr. Ewer Yes Sir I am a Freeholder Cook Sir I challenge you Cl. of Arr. Henry Sherbrook Cook Sir are you a Freeholder in London Mr. Sherbrook Yes Sir I am Cook I challenge you No Sir I beg your Pardon I do not challenge you Cl. of Arr. Then hold Mr. Sherbrook the Book Which was done Look upon the Prisoner You shall well and truly try and true Deliverance make between our Sovereign Lord the King and the Prisoner at the Bar whom you shall have in Charge according to your Evidence So help you God Cl. of Arr. Joseph Billers Cook Are you a Freeholder Sir in London Mr. Billers Yes I am Cook I challenge you Sir Cl. of Arr. John Brand. Cook Pray Sir don't go too fast Are you a Freeholder in London Sir Mr. Brand. I am no Freeholder in London L. C. J. Treby What say you Mr. Attorney Mr. Att. Gen. My Lord I would not have any body that is not a Freeholder serve so he was set by Cl. of Arr. William Hall Mr. Hall My Lord I am no Freeholder in London L. C. J. Treby Why what Estate have you Mr. Hall What I have is in Leases L. C. J. Treby What Leases for Years or Leases for Lives Mr. Hall Leases for years Sir L. C. J. Treby Then he cannot serve upon the Jury Cl. of Arr. Edward Leeds Cook Hold Sir let me see are you a Freeholder in London Sir Mr. Leeds Yes Sir Cook Sir I challenge you then Cl. of Arr. Thomas Clark Cook Hold Sir I pray let me look upon my Paper I challenge him A Stâ—nderâ—by He does not appear Cl. of Arr. Nathan Green Cook Where is he Sir Are you a Freeholder Mr. Green Yes I am Sir Cook I challenge you Cl. of Arr. Thomas Emes Cook Are you a Freeholder Sir Mr. Emes Yes I am Cook Were you one of Sir John Friend's Jury Mr. Emes Yes I was Cook Then I challenge you for Cause and I give you my Reason Mr. Serj. Darnall I pray let us hear your Reason give your Reason for your challenge Cook It is for being of Sir John Friend's Jury Mr. Serj. Darnall Then you challenge him for Cause Cook Yes that he was of Sir John Friend's Jury L. C. J. Treby Well Brother Darnall how is that a Cause of Challenge You are the Prisoner's Council let us hear what you say to it Mr. Serj. Darnall My Lord what we have to say to it is this Here are some Persons returned upon this Pannel that were formerly Jurors in a Cause that was try'd for the same Species of Treason that this Gentleman the Prisoner is charged with in this Indictment and I think the Witnesses at that Tryal did mention in their Evidence my Client as being present at those very Consults about which they gave their Evidence these Gentlemen gave Credit to those Witnesses and found the Verdict against the Person then accused We humbly submit it to your Lordship and the Court whether we may not for this Cause challenge this Person as not indifferent it being for the same Cause and Consult that the other was try'd for Mr. Att. Gen. Sure Mr. Serjeant is not in earnest in this Objection Mr. Serj. Darnall My Client thinks it a very good Objection That he is not indifferent and I desire he should be satisfied in it Mr. Att. Gen. If he thinks so he may except against him but if he insists upon it as a cause of Challenge we desire you would put the Case and my Lords the Judges determine it Mr. Serj. Darnall I have told you what the Case is L. C. J. Treby But you hear the King's Counsel insist upon it to have you make it out in point of Law Mr. Serj. Darnall My Lord I have stated the Case as my Client desired and we submit it to you L. C. J. Treby Well there is nothing in it Mr. Serj. Darnall Then my Client if he will not have him serve must challenge him peremptorily Which he did Cl. of Arr. Francis Byer Cook Sir Are you a Freeholder Mr. Byer Yes I am Cook I challenge you Cl. of Arr. James Denew Mr. Denew I am no Freeholder Cl. of Arr. Henry Hunter Cook Hold hold my Lord I challenge him as being one of Sir John Freind 's Jury Mr. Baker Nay that was not allowed in Mr. Emes's Case but you challenged him peremptorily and so you must now if you have a mind to it Cook I challenge him Cl. of Arr. John Hall Cook Are you a Freeholder in London Sir Mr. Hall Yes I am Sir Cook I challenge you
Cl. of Arr. John Cullum Cook Sir Are you a Freeholder in London Mr. Cullum Yes Sir Cook I challenge you Cl. of Arr. John Cox Mr. Cox My Lord I am no Freeholder in London Cl. of Arr. John Hedges Cook Hold I pray Sir let me look upon my Paper Sir Are you a Freeholder in London Mr. Hedges Yes Sir I am Cook I challenge you Cl. of Arr. Thomas James Mr. James My Lord my name is not Thomas Mr. Sh. Buckingham He is returned it seems by a wrong name we did not know it Mr. Serj. Darnall Then you cannot swear him Cl. of Arr. Thomas Poole Cook Are you a Freeholder in London Sir Mr. Poole Yes Sir Cook I challenge him as being of Sir John Friend's Jury Mr. Att. Gen. That has been over-ruled already Cook I challenge him Cl. of Arr. Peter Parker Cook Are you a Freeholder in London Mr. Parker Yes Sir I am Cook I challenge you Sir as being one of Sir John Friend's Jury Mr. Baker Nay you can't offer it again Cook I challenge him Cl. of Arr. George Grove Cook Where is he Are you a Freeholder in London Sir Mr. Grove Yes Sir Cook I challenge you Cl. of Arr. Nathanael Wyersdell Cook Are you a Freeholder in London Mr. Wyersdell Yes Sir I am Cook I challenge you Sir Cl. of Arr. Samuel Blewit Cook Hold pray Are you a Freeholder Sir Mr. Blewit Yes I am Cook I challenge him Cl. of Arr. John Wolfe Cook I challenge him Cl. of Arr. Joseph Wolfe He did not appear and was said to be no Freeholder Cl. of Arr. William Smith Cook Are you a Freeholder Sir Mr. Smith Yes I am Cook Sir I challenge you Cl. of Arr. Edward Fenwick Cook Are you a Freeholder Sir Mr. Fenwick Yes Sir I am Cook I do not challenge him Cl. of Arr. Then swear Mr. Fenwick Which was done Benjamin Hooper Cook Stay Sir pray stay a little where is he Cl. of Arr. There he is Sir Cook Which is the Gentleman Are you a Freeholder in London Sir Mr. Hooper Yes Sir Cook I challenge you Mr. Hooper I thank you Sir Cl. of Arr. Nathanael Long. Cook Are you a Freeholder Sir Mr. Long. Yes Sir Cook I challenge him as being of Sir John Friend's Jury Cl. of Arr. The Court has adjudged that no cause of Challenge therefore I take no notice of it but as a peremptory Challenge Cl. of Arr. Richard Chiswell Cook Are you a Freeholder in London Sir Mr. Chiswell Yes Sir Cook I challenge you Cl. of Arr. John Child Cook Hold pray a moment I have not crost these last in my Paper but I challenge this man being of Sir John Friend's Jury Mr. Baker You have had that answer'd over and over again as no objection it is nothing but a peremptory challenge Cl. of Arr. William Walker Mr. Walker I was one of Sir John Friend's Jury Cook I challenge him for the same Reason Mr. Att. Gen. But that is no Reason at all Cook Then I challenge him Cl. of Arr. John Wells Cook Sir Are you a Freeholder Mr. Wells Yes Sir I am Cook Sir I challenge you Cl. of Arr. John Hibbert Cook Which is he Sir Cl. of Arr. He stands upon your left hand the Man in the Black Peruke Cook Are you a Freeholder Sir Mr. Hibbert Yes I am Sir Cook I challenge him Cl. of Arr. Daniel Wray Cook Stay Sir are you Mr. Wray Mr. Wray Yes Sir my Name is Wray Cook Are you a Freeholder in London Sir Mr. Wray Yes Sir Cook I challenge you Mr. Wray I thank you Sir Cl. of Arr. John Pettit Cook Which is he Mr. Pettit I am the man Sir Cook Are you a Freeholder in London Sir Mr. Pettit Yes Sir Cook I challenge you Cl. of Arr. John Sherbrook Cook I challenge him as being one of Sir John Friend's Jury Mr. Baker But you have heard that denied to be an Exception over and over Cook I challenge him Cl. of Arr. Stephen Blackwell Cook Are you a Freeholder Sir Mr. Blackwell Yes I am Cook I challenge you Cl. of Arr. William Hatch Cook Pray give me time to mark them pray who is this man you now call Cl. of Arr. William Hatch Cook Sir Are you a Freeholder Mr. Hatch Yes I am Cook Sir I challenge you Cl. of Arr. Henry Beadle Cook Are you a Freeholder Sir Mr. Beadle Yes I am Cook I do not except against him He was sworn Cl. of Arr. John Stredwick Mr. Stredwick My Lord as I apprehend I am no Freeholder L. C. J. Treby Why do you apprehend so Mr. Stredwick It is my Wife's Estate not mine Cl. of Arr. Then you Wife has a Freehold it seems Mr. Stredwick Yes she has L. C. J. Treby That is Freehold enough for you have an Estate for your Wife's Life Mr. Baker And after that too for it is not given over to any Body else and she won't give it from him Cook Sir are you a Freeholder in London or no Mr. Stredwick I apprehend Sir I am not Mr. Baker He says he has an Estate for his Wife's Life Cl. of Arr. Then he is a Freeholder What do you say to him Cook Are you positive you are a Freeholder in London upon your Word Mr. Stredwick I think not Mr. Baker Why your Wife's Estate is your's for your life Cook My Lord Chief Justice if your Lordship pleases here is a man that says positively he thinks he is not Freeholder I desire your Lordship's Judgment Whether he be a Freeholder or not L. C. J. Treby Why let him put his Case if he make a doubt of it Mr. Stredwick I am not possest of any Estate my self L. C. J. Treby But is not your Wife an Inheritrix Mr. Stredwick Yes my Lord she is L. C. J. Treby Then you are seized of a Freehold in her right and Mr. Cook your own Council will tell you and satisfy you that that is a Freehold sufficient for this service Mr. Baker His Wife's Father settled it upon her and her Heirs L. C. J. Treby No question it is a sufficient Freehold if the Wife be living Mr. Baker Yes she is Cook I challenge him Cl. of Arr. William Prince Cook I challenge him as being of Sir John Friends Jury Mr. Prince I thank you Sir Cl. of Arr. John Simmons Mr. Att. Gen. We challenge him for the King Cl. of Arr. Robert White Cook Are you a Freeeholder Sir Mr. White Yes I think so Cook Pray tell me whether you are or not Mr. White Indeed I think so Sir Cook I challenge him Cl. of Arr. Edward Brewster Cook Where is Mr. Brewster Are you a Freeholder Sir in London Mr. Brewster Yes Sir Cook I challenge him Pray Sir I desire to know how many I have challenged Mr. Baker You have challenged Thirty three Cook How many besides those that are of Sir John Friend's Jury Mr. Baker You have but Two more to challenge Sir Mr. Serj. Darnall I thought you had heard the Opinion of 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.
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
with a Body of 2000 Horse Mr. Att. Gen. Was the Prisoner at the Barr in the Company and present at this Resolution Capt. Porter Yes he was Mr. Att. Gen. Did all the Company agree to it Capt. Porter Yes they did Mr. Att. Gen. What signs were there of their Agreement did they stand up severally and declare their Agreement or how Capt. Porter My Lord of Aylesbury and Sir John Fenwick did rise up and desired Captain Chernock that he wou'd go upon this Errand And when the Question was ask'd severally of all there present by Mr. Chernock Whether he might assure the King of what they had told him Every one said Yes you may and Mr. Cook kneel'd indeed upon a Chair and said Yes you may Mr. Att. Gen. Did he give his Consent to it Capt. Porter Yes he answer'd in those very words Mr. Soll. Gen. Do you remember any Meeting of any Company at Mrs. Mountjoy's Capt. Porter Yes that was a second Meeting Mr. Soll. Gen. Pray tell my Lord and the Jury how you came to meet there then what Company were there and what pass'd Capt. Porter Mr. Chernock desir'd another Meeting to see if the Gentlemen kept to their former Resolution and we met at Mrs. Mountjoy's eight or ten Days after and there were most of the Company that was at the first Meeting and there all that were present did assure Mr. Chernock that they kept to their first Resolution and wou'd abide to what was agreed upon at the former Meeting Mr. Att. Gen. Who were present at the second Meeting Capt. Porter The Prisoner at the Barr was there at that second Meeting Mr. Att. Gen. What was that second Meeting for do you say Capt. Porter It was to give Mr. Chernock assurance that we were agreed to stand by the Resolution taken at the first Meeting Mr. Att. Gen. What did Mr. Chernock do afterwards Capt. Porter I went away from them there was Sir William Parkyns Sir John Freind and Captain Chernock went to the Queens-Head Tavern in Fleetstreet and Captain Chernock told me he wou'd go in two or three Days and I believe did so Mr. Att. Gen. When did you see him afterwards Capt. Porter When I was a Prisoner upon the account of the Riot in Drury-lane about two or three Days after I came to Newgate he came to see me and said he had been in France and that King James thank'd us for our kind Offer but the French King cou'd not spare so many Men that Year and he told me he had been with my Lord of Aylesbury and the rest of the Gentlemen that had imploy'd him to go over and had delivered them the several Messages that he was ordered to do from the King L. C. J. Treby Captain Porter who were present at that second Meeting do you say Capt. Porter My Lord of Aylesbury Sir John Freind Sir William Parkyns Captain Chernock Mr. Cook and my self I cannot tell whether my Lord Montgomery or Mr. Goodman were at that second Meeting or no. Mr. Att. Gen. Captain Porter I wou'd ask you another Question You were concerned in the Assassination with those other Persons that Ingaged in it Pray what Safety did you propose to your selves after the Assassination was over Capt. Porter My Lord I ask'd Sir George Barclay what we shou'd do after the Fact was committed Says he You need fear nothing I will go away that night I have a Ship ready and the King will be Landed in five or six Days afterwards if you 'll but keep selves close for so many days all will do well Mr. Soll. Gen. If the Prisoner or the Counsel will ask him any Questions my Lord they may do it Sir B. Shower Pray Sir can you recollect what time a day this was that this Debate and Resolution were had at the Old King's-Head in Leaden-Hall-street Capt. Porter Truly Sir Bartholomew I can't tell Sir B. Shower Pray by what means do you recollect that this was in the Month of May Capt. Porter Because Captain Chernock was absent at the Dog-Tavern Riot which was the Tenth of June Sir B. Shower Was it not in April Capt. Porter No Sir to the best of my Remembrance it was in May. Sir B. Shower What makes you think it was in May rather than April Capt. Porter I have told you Sir because both Meetings were before the Dog-Tavern Riot the Tenth of June and Mr. Chernock was not there at that time but he told me afterwards he had been in France and there were eight or ten Days difference between the two Meetings Mr. Att. Gen. My Lord if they have done with him I wou'd ask him one Question to settle this Matter in point of Time Capt. Porter Was the King gone to Flanders when you had these Meetings Capt. Porter The King was gone Sir before the first Meeting Mr. Att. Gen. The King did not go till several days in May was Mr. Goodman there Capt. Porter He was at the first Meeting but I can't tell whether he was at the second or no. Mr. Serj. Darnall Pray what time was Mr. Goodman there at the first Meeting Capt. Porter He came up after Dinner at the first Meeting Mr. Baker Then call down Mr. Goodman who came in and was sworn Mr. Soll. Gen. Mr. Goodman Pray will you give my Lord and the Jury an Account what you know of an intended Invasion upon this Kingdom what were the Circumstances of it and who were concerned in it Mr. Goodman My Lord About the middle of May last or thereabouts Captain Porter sent to me and told me there was a Meeting of some Gentlemen of our acquaintance at the King's-Head in Leaden-Hall-street and he desired me that I wou'd be there because it was about business I told him I did not know whether I cou'd be there at Dinner but however I wou'd not fail of coming thither after Dinner and accordingly I came When I came into the House I sent up my Name to Captain Porter and he came down and brought me up stairs and there I saw my Lord Montgomery my Lord of Aylesbury Sir John Fenwick Sir William Parkyns Sir John Freind Mr. Chernock and that Gentleman at the Barr Mr. Cook When we were there the Discourse was That we did think King James's coming was Retarded and we wou'd do any thing to facilitate his Restoration Cook My Lord Chief Justice L. C. J. Treby What say you Mr. Cook Cook My Lord If your Lordship pleases I desire the Jury may not be talk'd to by any body and I understand there are some talking with the Jury L. C. J. Treby Fye upon it we will lay any body by the Heels that do so they must neither be Disturbed nor Instructed by any body Cook My Lord I am inform'd there was some-body talking to them and telling them this was the same Case with Sir John Freind L. C. J. Treby Do you but show us the Man and we will find another place for him we will
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
Court Mr. Cook that it will not hold as a cause of challenge that he was of Sir John Friena's Jury therefore those are all reckoned among the peremptory challenges and you can challenge but Two more in all L. C. J. Treby Not without cause but as many more as you can have good cause against Cl. of Arr. John Reynolds Cook I except not against him He was sworn Cl. of Arr. Joseph Brookbank Cook I have nothing to say to him He was sworn Cl. of Arr. Adam Bellamy Mr. Bellaney My Lord I am no Freeholder L. C. J. Treby Why what Estate have you Mr. Baker He has Estate enough I know for value Mr. Bellamy I have only a Lease L. C. J. Treby A Lease for years Mr. Bellamy Yes my Lord. Cl. of Arr. David Grill. Mr. Grill. I am no Freeholder my Lord. Cl. of Arr. William Rawlins Cook I accept of him He was sworn Cl. of Arr. Samuel Roycroft Cook Are you a Freeholder Sir Mr. Roycroft Yes Sir Cook I challenge him Cl. of Arr. Thomas Parker Cook How many have I to challenge do you say Cl. of Arr. But one Sir What say you to Mr. Parker Cook I do not except against him He was sworn Cl. of Arr. James Robinson Cook I have nothing to say to him He was sworn Cl. of Arr. Joseph Morewood Cook I challenge him Mr. Baker You have challenged all your number now Cl. of Arr. My Lord we have gone through the Pannel we must now call the Defaulters again Thomas Clark Mr. Clark Here. Sir B. Shower Was he here when he was called over Mr. Arr. Gen. That 's nothing he is here now Sir B. Shower But if there be a Default of the Jury and the King's Council have challenged any one they ought to shew their Cause therefore we desire that they may shew their Cause why they challeng'd Mr. Simmons L. C. J. Treby The King has power to Challenge without shewing Cause till the Pannel be gone through but if there be a Default of Jurors when the King challenges the King's Council must shew cause Sir B. Shower Here is a Default of Jurors my Lord. L. C. J. Trebr No body is Recorded absolutely a Defaulter if he comes in time enough to be sworn Cl. of Arr. Swear Mr. Clark Which was done L. C. J. Treby When there is an apparent default of Jurors then they must shew their Cause but here his appearance it seems was Recorded and so he was no Defaulter and you might have challenged him for Cause still Cl. of Arr. James Dry. Mr. Dry. My Name is not James Serj. Darnall Then you cannot swear him Here are three mistaken in their Names L. C. J. Treby That is in the Copy in your Brief Brother it may be Mr. Serj. Darnall No my Lord the Officers admit it Mr. Att. Gen. My Lord we desire those Gentlemen that say they are no Freeholders may be sworn to that matter Which was accordingly done And several of them that had staid did deny the having of any Freehold upon Oath and some were gone away L. C. J. Treby Pray take care to estreat the Issues and return greater Issues the next time Mr. J. Rokeby Truly the Court must put some great penalty upon them for trifling with the Court in respect of their Duty that they owe to the King and Country in regard of their Estates Cl. of Arr. Pray let the Officers be called who summoned this Jury Mr. Sheriff Which was done And they examined concerning their summoning those who made Default and the Issues of those who were recorded as Defaulters were ordered to be Estreated Then the Court not being able to proceed for want of a Jury they ordered another Pannel to be ready against Wednesday next to which time at Seven in the Morning the Court was by Proclamation adjourned Die Mercurii Decimo Tertio Maii Anno Dom. 1696. The Court being met according to the Adjournment the Pannel was called over and the Defaulters Recorded and several excused for Absence upon Sickness and being out of Town before the Summons Then Mr. Serjeant Darnall desired before the Jury was called to move something against the Pannel And made his Motion thus Mr. Serj. Darnall IF your Lordship pleases I have somewhat to offer to you before you go upon this new Pannel and I confess I think it is my Duty to the Court as well as to the Prisoner to state the Case as it is and submit it upon the reason of Law and the Authorities that I shall offer Whether the Proceedings upon this new Pannel will not be erroneous My Lord the Question is Whether as this Case is the Prisoner has had a Copy of the Pannel of his Jury by which he is to be tried according as the late Law requires he had a Copy of the former Pannel and upon that Pannel Nine were sworn and their Names all entred upon Record and made Parcel of the Record Thereof now the Question is Whether he can be tried upon a new Pannel We are in a Case that rarely happens and in a Case of Life and Death I know your Lordship will be careful not to vary from the ancient Practice or to make a new President because of the Consequences It must be agreed in this Case That the old Pannel upon which the Prisoner took his Challenges and of which Nine was sworn is Parcel of the Record Now my Lord to add a new Pannel upon which twelve more shall be sworn and all this appear upon Record and the Prisoner tried upon the last Pannel will not this be Error I offer this before the Jury be called and sworn because we desire to be fairly tried and we design to rest upon the Fact in this Case If it should appear That he is tried upon a Pannel that is unduly made and return'd that will be of evil Consequence one way or other And can this be duly made if another appear upon Record before it And can any body say it is quasht or abated Or can it be so My Lord in Stamford's Pleas of the Crown p. 155. it is said If any of the Pannel dye after the Return and before their Appearance so that there are not enough left to make the Jury yet the Pannel shall not be quasht nor is it â—bated but it is Cause to grant a Tales And certainly my Lord it is a stronger Case when by reason of Challenges which the Law gives the Prisoner liberty to make there are not enough left that there shall not be a new Pannel but that a Tales shall be granted for if a new Pannel might be made it cannot appear who were challenged or who were admitted And if your Lordship pleases to consider the Intention of the Law in giving the Prisoner power to Challenge is that he may have an indifferent Jury but that would be prevented by such a practice as this for when it has been discovered upon the old Pannel whom the Prisoner chose and
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
satisfy'd to our said Lord the King that now is of the Judgment aforesaid against him in Form aforesaid given therefore the said Cardell Goodman is thereof acquitted And so forth Mr. Serj. Darn Call Mr. Charles Edwards William Cock Christopher Crawford Marry Crawford and Mr. Huntley Edwards appear'd upon a Habeas Corpus directed to the Keeper of Newgate where he was a Prisoner Mr. Baker Where is the Warrant of his Commitment what is he committed for Tokefeild He is committed for suspicion of Treason and treasonable Practices Mr. Baker Is he not committed for High-Treason Tokefeild No Sir he is not Mr. Serj. Darn What Discourse had you with Mr. Goodman concerning the Prisoner at the Bar what did you here him say Mr. Baker He is not sworn yet it seems this Gentleman was Dundee's Chaplain in Scotland Mr. Attorn Gen. If he be not sworn he can give no Evidence Mr. Serj. Darn My Lord we desire he may be sworn L. C. J. Treby Sware him which was done Mr. Serj. Darn Pray Sir will you tell the Court and the Jury what you know of any Discourse of Mr. Goodman's concerning the Prisoner at the Bar. Edwards My Lord I desire to know being ignorant of the Law whether I am brought here by the common course of Justice or not Mr. Serj. Darn Sir we have subpena'd you for the Prisoner at the Bar to give Evidence of the truth of you Knowledge here upon Oath L. C. J. Treby Would you have us tell you how you came here We suppose you came by due Process of Law as a Witness Edwards Then my Lord I desire to speak but one Word that is a strange thing to me to consider how Words should be carried away that were privately spoken as if it were to expose me to the Reproaches of all my Friends it is a thing that I did never expect to hear of again however seeing I am called here and obliged upon my Oath to declare what I know I by God's Grace will to the uttermost of my power tell what has pass'd in this Matter L. C. J. Treby Don't make any Apologies for telling the Truth you are obliged by your Oath to do it and the Court expects it from you Edwards Among other Discourses that pass'd betwixt Mr. Goodman and me I ask'd him when Mr. Cook was to be arraigned and when he was to be tryed says he He is to be arraigned upon Monday and he is to be tryed upon Thursday I ask'd him whether it was for the Assassination-Plot and he told me no for what then said I as being concerned in sending Mr. Chernock into France Who are the Evidences against him said I said he Capt. Porter and my self said I I believe two Witnesses will be found good or by way of Demonstration in Law and I pity the poor Gentleman's Case Says he He swore against me how comes it then said I that he is not come off and has not a Pardon and would divulge no Body else L. C. J. Treby Who had not a Pardon do you mean Edwards Mr. Cook I ask'd how he had not a Pardon says he he wou'd give an account of no body else but me and that was the Reason he had no Pardon said I to him who are the Evidences against him says he Capt. Porter and my self and after this says he he or I must perish or he or I must suffer I believe the word was suffer but says he 't is a foolish thing to be hang'd all that 's said of a Man that is hang'd is that he hang'd hansomly or he dy'd bravely that 's all the Discourse that I can remember Mr. Serj. Darn He said it was a foolish thing to be hang'd and Mr. Goodman it seems had no mind to be hang'd and I believe so too but he must not hang my Client to save his own life Edwards Now by the same Oath that I have sworn I knew nothing of being brought hither till my words were carry'd away privately from me and has been consulted of and return'd to me back again and I was far from suborning or carrying away a Discourse privately to make any advantage of it Mr. Serj. Darn Now we will call Crawford and Huntley and Cock Mr. Attorn Gen. I desire that Gentleman that was last examin'd may not go away Crawford Huntley and Cock were sworn Sir B. Shower Set up Mr. Crawford which was done pray Sir will you recollect your self do you remember when my Lord of Ailesbury and Capt. Porter din'd at the King's Head Crawford Yes it was about a twelve month ago Mr. Serj. Darn What Company was there Crawford My Lord of Ailesbury Sir John Friend Sir John Fenwick Sir William Parkyns Capt. Porter and two or three more I did not know their Names Sir B. Shower How many were there that din'd there Crawford I think about Eight in all Sir B. Shower Was the Room shut while they were there or did the Servants and Drawers go up and down commonly Crawford Yes they did go up and down commonly Sir B. Shower After Dinner did any body come to them while they were there Crawford No not during my Lord of Ailesbury's stay and my Lord Montgomery went away with him Sir B. Shower About time did my Lord of Ailesbury go away Crawford I think it was about four a Clock Sir B. Shower How can you tell it Crawford I did attend upon them the most part of the time Sir B. Shower Did you see him go away Crawford Yes I did Sir B. Sh. Was that Gentleman Mr. Goodman there when they went away Crawford I did not see him there to my Remembrance no body came in there before they went away saving their own Servants Mr. Serj. Darn Do you know Mr. Cook the Prisoner at the Bar was he one of the Gentlemen that were at your House Crawford Yes I did not well remember or recollect till I saw him on Saturday last Mr. Attorn Gen. Was he one that went away Crawford I do not remember truly Sir Mr. Att. Gen. Prav how long was it after Dinner that they went away Crawford I think it was not an Hour Mr. Att. Gen. Was you there all the time from the time of the Dinner Crawf No not all the while I was not in the Room but going to and fro Mr. Serj. Darn You say Mr. Goodman did not come up till after they were gone Crawford No I did not see him Mr. Attorn Gen. Did you see him at all Crawford No I did not see him at all Mr. Attorn Gen. Just now it was said he did not come till they were gone and now it seemes he did not see him at all Crawford I do not know that he was there at all L. C. J. Tre. But Brother Darnall you open'd it that Mr. Goodman came after my Lord of Ailesbury was gone and now you will prove it that he came not at all Sir B. Shower My Lord we do not pretend to falsifie his Evidence
for any thing more than is material for the Prisoner we say Mr. Goodman was not in the Room where they din'd till those Persons went away if in any particular we disprove him it is sufficient for us if we can shew that he was not there till three of those that he had nam'd were gone away that answers our end We are not concerned if he came at four five or six a Clock and discours'd with Chernock till twelve a Clock at Night Mr. Att. Gen. Pray reserve your Remarks but only observe now what he says that Mr. Goodman came not at all thither and that is more than you pretended to open Mr. Conyers How many were there that were there at dinner Crawf About eight Mr. Conyers How many do you name that you know Crawf My Lord of Ailesbury Sir John Friend Sir John Fenwick Sir William Parkyns and Capt. Porter there were several others two or three more but I did not know their Names Mr. Conyers Did you see Mr. Goodman come in at any part of the Day afterwards Crawf I do not know that Mr. Goodman Mr. Cowper Mr. Crawford you say that for an hour after Dinner you were sometimes in the Room and sometimes out when you were out of the Room were you always in the Passage up to the Room Crawf No I was not Mr. Cowper Cou'd any Man come in or out without your seeing Crawf I should have known him above stairs when I came in again Mr. Cowper Why you say there were two or three above that you did not know Crawf I knew them by Sight if not their Names Mr. Cowper Were you always in sight then Crawf No Sir I tell you I was up and down Sir B. Shower Was there any body came in before my Lord of Ailesbury went out that is any body besides those that din'd there Crawf No. Sir B. Shower My Lord we are not contending now about a Man's comeing up without his knowledge but whether any such Man as Mr. Goodman came up and staid there during the Consultation and we insist upon it there was no body there till my Lord of Ailesbury my Lord Montgomery and Mr. Cook were gone but those that din'd there now I would ask a Question again of him was there any body but who din'd there till my Lord of Ailesbury went away Crawf No there was not Mr. Att. Gen. Why do you say so How do you know that Crawf I did not see any body Mr. Sol. Gen. Did you attend upon other Rooms as well as that at the same time Crawf Yes I did Mr. Sol. Gen. Then how is it possible that he can swear that Mr. Goodman was not there Sir B. Shower Do you remember when my Lord of Alesbury and they went away Crawford It was about Four a Clock Sir B. Shower Were you there in the Room when they went away Crawf I went out with my Lord to the Coach Sir B. Shower Did you see him come down Stairs or did you go up Stairs then Crawf I went up Stairs when the Coach was called Sir B. Shower Was then any body there but such as din'd there Crawf I did not see any body there but those that din'd there Mr. Cowper But my Lord he does not know all that din'd there neither L. C. J. Treby Mr. Crawford you say my Lord of Ailesbury and others went away about Four a Clock pray how long did the rest of the Company stay there Crawf I cannot remember They stay'd there pretty late it is a pretty while ago L. C. J. Treby About what hour did they part Crawf I cannot remember what time the rest went away our House is fuller at Night than at Noon and I waited upon other Companies It was pretty late before they went away that I am sure L. C. J. Treby But he cannot remember whether it were Five or Six or Twelve that they went away only he can remember the Hour of Four that my Lord of Ailesbury and they went away Mr. J. Rokeby Was it Light or was it Dark when they went away Crawford It was Dark L. C. J. Treby Did you attend the Company after my Lord of Aliesbury was gone Crawford I went up and down into that Company as I did into others L. C. J. Treby Was you there several times after my Lord of Ailesbury was gone Crawf Yes I was there once or twice after my Lord of Ailesbury was gone I am sure L. C. J. Treby And did you never see Mr. Goodman there Crawf No I never saw Mr. Goodman in my Life before I saw him on Saturday last Sir B. Shower Which is Mr. Huntley Huntley Here I am Sir Sir B. Shower Pray recollect your self and tell my Lord and the Jury what you remember of any Company that were with Mr. Porter at the King's-Head and who din'd there Huntley My Lord of Ailesbury my Lord Montgomery Sir John Fenwick Sir William Parkyns Sir John Friend Mr. Porter and Mr. Chernock Sir B. Shower That was the Company you say that din'd there Did Mr. Goodman dine there Huntley No Mr. Goodman did not dine there Sir B. Shower Pray Sir recollect your self when did any of this Company part or go away Huntley My Lord of Ailesbury and my Lord Montgomery went away about four a Clock Sir B. Shower Sir how do you know that Huntley I went down Stairs after them I was above Stairs when they parted from the rest of the Company Mr. Serj. Darn Pray mind Sir was Mr. Goodman there at that Time before they went away Huntley No he was not Sir B. Shower Are you sure of that upon the Oath you have taken Huntley Yes I take it upon my Oath he was not there Sir B. Shower Did you attend them at Dinner Huntley Yes I did attend them at Dinner Sir B. Shower Did you attend them all the while they were there Huntley I was call'd frequently and was in and out of the Room very much after Dinner Sir B. Shower Do you think if a fresh Man had come in after Dinner you should not have known him Huntley Yes I should have known him Mr. Att. Gen. Pray Friend let me ask you one Question Was Mr. Goodman there at all that Day Huntley That I don't know I did not see him at all Mr. Sol. Gen. Did you attend upon any other Rooms that Day Huntley No I attended only upon that Company Mr. Sol. Gen. Were you in the Room all the time Huntley No I went up and down Mr. Sol. Gen. What time did the last of the Company go away Huntley It was about Darkish it was pretty Late to the best of my remembrance Mr. Att. Gen. Pray did any body come to those Gentlemen after Dinner Huntley No Sir Mr. Att. Gen. did you ever see Goodman before now Huntley Never in my Life to my Knowledge Mr. J. Rokeby Did all the Company but my Lord of Ailesbury and my Lord Montgomery stay till it was Duskish Huntley
That I don't know Mr. J. Rokeby Did you know all the Company that was that Day at Dinner Huntley I knew all but one Mr. J. Rokeby And who was that Huntley That was Mr. Chernock Mr. J. Rokeby And yet you can't tell whether there was any body else that you did not know how then can you tell that Goodman was not there Sir B. Shower He did not know him at that time but he might remember him afterwards Mr. Conyers Did not the same Company use to meet at other Times at your House Huntl Not to my Remembrance Mr. Con. How then came you if they never had us'd to meet there to know all these People's Names Huntley I have seen Sir John Friend there and Sir William Parkyns Mr. Con. Was Sir John Friend there or no Huntl Yes he was Mr. Con. My Lord he was the only Man that was not nam'd before you did not name Sir John Friend before as I heard but pray did you ever see Mr. Chernock there but at that time Huntley No I did not Mr. Con. How came you to know it was Mr. Chernock Huntl I knew very few of them before that time and I ask'd their Servants the Names of all those Persons that were there Mr. Con. Did you know Mr. Porter pray Huntl Not before that Time I did see Mr. Porter and I knew him again when I saw him his Black told me his Name that Day Sir B. Shower You Huntley I would ask you one Question more was the Door shut or no Huntl No it was not Sir B. Shower Did the Servants go up and down as they us'd to do Huntl Yes Sir Mr. Att. Gen. Sir Bartholomew would make it that there was no Consultation at all Sir B. Shower They wer very mad Folks if they wou'd consult at that Rate with the Door open Pray call Mr. William Cock who was sworn Mr. Att. Gen. Sir John Friend has own'd it that 's dead Sir B. Shower Sir John Friend's Confession is nothing to the Prisoner Mr. Att. Gen. Mr. Serj. Darnall did open that the Confession of those that dy'd was an undeniable Proof of the Conspiracy but go on with your Evidence Mr. Sarj Darn Pray Mr. Cock will you recollect your self about the Time when Cap. Porter and some other Gentlemen din'd at your House W. Cock Yes very well Mr. Serj. Darn Pray Sir can you tell who din'd there at that time W. Cock There were my Lord of Ailesbury my Lord Montgomery Sir William Parkyns Sir John Fenwick Sir John Friend Mr. Chernock Cap. Porter and Mr. Cook Mr. J. Rokeby Was that all the Company W. Cock Yes it was Mr. J. Rokeby One of them said there were Eight L. C. J. Treby and he has nam'd Eight Brother M. Serj. Darn Can you remember when any of the Company went away and who went away first Cock My Lord of Aylesbury and my Lord Montgomery went away in a Hackney Coach and their Servants were frequently in the Room and waited afterwards in another Room after that they had waited at Table at Dinner and tho' the Door was shut as it used to be when any Company is there yet no body was forbid to come there at all Mr. Att. Gen. Do you remember when Mr. Goodman came there Cock I never saw Mr. Goodman in my life before to day Mr. Serj. Darnall Did any body come to this Company before my Lord of Aylesbury went away that did not Dine there Cock I did not see any body there at all and my Lord of Aylesbury was about buying a Hogshead of White-wine but we could not agree about the Price And when my Lord of Aylesbury went away I went down with my Lord and waited upon him to the Coach and I told my Lord I hoped he would buy the Wine still But he answered He could not tell whether he should or no. Mr. Serj. Darnall Who else went with my Lord of Aylesbury Cock My Lord Montgomery I don't remember any body else Mr. J. Rokeby Did all the rest of the Company go away at once Cock Truly my Lord I can't say they did Mr. J. Rokeby By what time did the rest go away Cock I believe it might be Eight or Nine a Clock Mr. Serj. Darnall You saw my Lord of Aylesbury when he parted Was Mr. Goodman there then Cock I did not see him Mr. B. Powis Did Mr. Cook stay till the last Cock That I can't tell truly Mr. B. Powis I find they all Swear to Four a Clock of my Lord Aylesbury's going and go no further Mr. Att. Gen. Pray Sir let me ask you a Question or two Did you ever see Mr. Goodman before now Cock No I do not remember I did Mr. Att. Gen. When you went into the Room after Dinner did you look about the Room to see whether there were any new Company Cock I did look about the Room several times and so did my Servants to see if there were any thing wanting Mr. Att. Gen. Can you take it upon your Oath that he was not there whilst my Lord of Aylesbury staid Cock I do and can take it upon my Oath he was not Mr. Att. Gen. Then if you can pray distinguish the time when he came in Cock I do not remember that ever I saw him in my Life before to day Mr. Att. Gen. Why are you not as positive that he was not there at all as that he was not there before my Lord of Aylesbury went away Cock He might come in and I not see him Mr. Att. Gen. Might he not as well come in before they went away as after to come in and you not see him Cock No I do not think he cou'd Mr. Att. Gen. Why do you think so Cock Because the Servants were all about and they did not go to Dinner till two a Clock and I believe those Gentlemen that I named came in a quarter of an Hour's time to Dinner Mr. Att. Gen. We do not say he came there before Dinner but cou'd he not come in after Dinner before my Lord of Aylesbury and my Lord Montgomery went away without your seeing him Cock Yes Sir Sir B. Shower Then heark ye Sir I wou'd ask you one Question Did you see him upon your Oath or not Cock No I did not Sir B. Shower Might not Mr. Goodman come in to them without your seeing him Cock It is possible but I don't think it was so Mr. J. Rokeby How then can you be positive that he was not there till my Lord of Aylesbury went Mr. Sol. Gen. You say you may be positive he was not there before my Lord of Aylesbury went Can you be as positive now that he was not there before Mr. Cook went Cock I do not know when Mr. Cook went Mr. Sol. Gen. How can you be then positive he was not there before my Lord of Aylesbury went Cock There were no more than what Dined there when my Lord of Aylesbury went away Mr. Conyers Pray Sir let me ask
you a Question Were you in the Room at any time after Dinner Cock Yes I was Sir Mr. Conyers Pray Sir how many times after Dinner were you there Cock I believe half a dozen times Mr. Sol. Gen. And yet you do confess that Mr. Goodman might come in after Dinner before my Lord of Aylesbury went and you not see him Sir B. Shower Ay but he could not stay there without his seeing him if he was so often in the Room you don't take Mr. Cock's Evidence right Mr. Att. Gen. You named Eight Persons that Dined at your House Did you know them all personally before that day Cock Yes my Lord the most of them at least Mr. Att. Gen. Did they use to meet at your House Cock Commonly Sir John Friend did once a Week Mr. Chernock I knew when I was a Drawer and so I did Sir William Parkyns The rest knew by hearing their Names Mr. Att. Gen. Did you know them before that Day Sir I ask you Cock I had seen Captain Porter several times before that Day but I cannot say at my own House Sir B. Shower Do you remember the Treaty about the Hogshead of White-wine Cock Yes Sir very well Sir B. Shower Were you by when my Lord of Aylesbury went away and spoke with him about it Cock Yes I was and told him I hoped he would buy the Wine still Sir B. Shower Can you be positive that any body was there before my Lord of Aylesbury went away that cou'd stay there any time and did not Dine there Cock I believe not Sir for I came in half a dozen times after Dinner and I believe if I had heard Mr. Goodman's Name or seen him there I shou'd have remembred it but I did not see any body but those that Dined there Mr. Cowper Where was you when my Lord of Aylesbury went away Where did you meet him going away Cock Upon the Stairs seeing my Lord of Aylesbury and my Lord Montgomery coming down I met them Mr. Cowper Where did you meet them At the middle or the top of the Stairs Cock My Lord of Aylesbury was at the top of the Stairs Mr. Cowper Did you meet him just coming out of the Room Cock Yes Sir I saw the Coach that was called for my Lord and so I went up Stairs and met my Lord at the top of the Stairs coming down Mr. Sol. Gen. Now how can you be positive who was in the Room when he came out of the Room Cock I went up into the Room after my Lord of Aylesbury went away Mr. Sol. Gen. How long after my Lord of Aylesbury went away Cock It was presently after Mr. Sol. Gen. How long before my Lord of Aylesbury went away had you been in the Room Cock I had been there just before Mr. Serj. Darnall Call Thomas Peachy Who appeared and was Sworn Sir B. Shower My Lord we shall prove that after the Plot broke out and after Mr. Porter had made his Discovery there was no disturbance of Mr. Cook 'till a good while after Chernock's Trial and Mr. Cook was so far from being sensible or conscious of any guilt that he never absconded but continued for three weeks in his Father's House where he was taken by a Messenger Pray Mr. Peachy will you tell my Lord and the Jury where Mr. Cook was taken and when and by whom Peachy He was taken at his Father's House by a Messenger about seven a Clock in the morning Sir B. Shower What day of the Week was it he was taken Peachy Upon a Sunday morning in his own Room in his Father's House at seven a Clock in the morning Sir B. Shower Did People come to him as they used to do Peachy Yes and he went frequently abroad as he used to do and did never abscond from his Father's House Mr. Serj. Darnall Pray Swear Mr. Treganna Which was done Sir B. Shower Mr. Treganna pray do you remember how long after the Plot broke out did you see Mr. Cook Treganna After Mr. Chernock's Trial a Week he was at my Chamber after the Plot broke out he was concerned in a Trial at Winchester Assizes upon an Issue out of Chancery Mr. Nicholls was the Clerk in Court and went down to manage it at the Assizes and Mr. Cook came to me a day or two after Winchester Assizes was over and ask'd me if I had any news from the Assizes This was long after the Plot broke out and I remember particularly that I saw him twice after the Plot was discovered at my Chamber Sir B. Shower Swear Mr. Nicholls Which was done Sir pray will you tell my Lord and the Jury what you know of Mr. Cook 's appearing abroad after the Plot was discovered Mr. Nicholls I was sent down to the Trial I was present and did attend at two Trials indeed and I suppose Mr. Baron Powis may remember that I attended at two Trials at Winchester Assizes Mr. B. Powis Possibly you might Sir I can't tell all the Attendance at the Assizes Mr. Nicholls And after my return from Winchester Assizes Mr. Cook was with me several days both at my Office and Chamber and at his Father's Office and I remember particularly that he threatned me that I was in trouble when I was at Winchester and therefore I remember it very well Sir B. Shower Mr. Nicholls you know Mr. Cook very well pray what are his Morals Mr. Nicholls Upon occasion of the Cause in Chancery that went to Trial I have had the knowledge of Mr. Cook five or six years I always believed him to be as temperate a man as ever I met with I think in five years time I was not above once with him in a Tavern Sir B. Shower Did you ever hear him Swear Mr. Nicholls No never nor vent a Curse I believe he drank as little as any man and was as godly a man I never heard him speak a foul word Sir B. Shower How do you know that Sir that he was so godly a man Mr. Nicholls Upon occasion of this Cause I was several times at Sir Miles Cook 's and at Mr. Cook 's Lodgings there and we were to go about Business and after he was drest he has made me stay while he went into his Closet and said his Prayers And he told me further that he never went out of his Father's doors without saying his Prayers and I was forc'd to stay at the door while he perform'd his Devotions as he told me and I believe he did Mr. Serj. Darnall Now my Lord we will call some other Witnesses to prove his good affection to his Country how he continually desired success to the Fleet and to the Army Sir B. Shower So that really he had an aversion to it Swear Mr. Hamond Which was done Mr. Serj. Darnall Pray Sir will you give an account what you know of the Prisoner concerning his Judgment and concerning his Morals Hamond I have been for some time acquainted with Mr. Cook
Hackney Coach And as to the Master of the House who says he does not know me I have Dined several times there four or five times with Sir John Friend and one particular Day above all the rest I remember I was not well and I went down Stairs to the Bar and said I pray can you get me a little Brandy He said Yes he would help me to some of the best in England And he brought me up some which I like very well And thinking he had a Quantity of it I askt him what I shou'd give him a Gallon for a Parcel But he said He had but a little and I am sure he has seen me there five or six times Mr. Att. Gen. Then set up that Master of the House Cock again Which was done Come Sir you hear what Mr. Goodman has sworn and mind it you are upon your Oath You said just now that you never saw Mr. Goodman before Cock No upon my Word Sir I don't know that ever I saw him before Mr. Att. Gen. Do you remember nothing of his being with Sir John Friend at your House Cock No upon my Word Sir Mr. Att. Gen. Nay you are upon your Oath Nor do you know nothing of your giving of him Brandy Cock No upon my Oath I do not remember any such thing Mr. Att. Gen. That is a very safe way of swearing I profess Mr. Conyers He remembers the particular time when he was sick and you offer'd to sell him some Brandy Mr. Att. Gen. No he askt him what he should give him for it a Gallon But Mr. Cock did you ever see Goodman in your House since my Lord of Aylesbury and they were there Cock No upon my Word Sir I did not and I never had but two Gallons of Brandy in my Life at a time and I never had any Cask or any thing of that nature to sell any out of Mr. Att. Gen. Who used to be with Sir John Friend at your House Cock There used to be Mr. Richardson and Justice Cash and Col. Cash Mr. Goodman Mr. Richardson was there that day I could almost have remembred the particular day but I cannot be positive only we were in the same Room where the Consultation was at the further part of the Room Mr. J. Rokeby You Friend the Master of the House you hear what Mr. Goodman says He says he was with Sir John Friend at your House and being not well he askt for some Brandy and you told him You 'd give him some of the best in England And he propounded to you then to sell him some of it but it seems there was no Bargain made Do you remember any such thing of one that was with Sir John Friend that spoke of buying of Brandy when he was sick Cock No upon my Word I do not Mr. Att. Gen. Then set up Mr. Porter who stood up Pray Mr. Porter look upon that man in the black Perriwig what Name did he use to go by Mr. Porter He used to go by the Name of Edwards Mr. Att. Gen. Had he any other Name Mr. Porter Yes Douglas Mr. Att. Gen. He has so many Names that we don't know which his is true Name Mr. Porter pray what else do you know of him touching his being concerned in the Conspiracy Mr. Porter I know not any thing of my own Knowledge but his Name was put down in the List that Mr. Chernock sent me of his men and Mr. Delarue read his Name there Mr. Sol. Gen. Mr. Porter you were a Witness upon the Trials of Sir John Friend and Sir William Parkyns did you give Evidence that Mr. Goodman was in the Room at the same time when the Consultation was Mr. Porter Yes Sir Mr. Att. Gen. Well you hear that these People have sworn that Mr. Goodman did not come till my Lord of Aylesbury went away nay indeed that he was not there at all Mr. Porter My Lord upon my Oath he was there before my Lord Aylesbury went away and Mr. Goodman bowed and took leave of my Lord as he went out of doors Mr. Att. Gen. What time did my Lord of Aylesbury go away Mr. Porter It was about an hour and a half or two hours after Dinner and he was in the Room when my Lord went away for he took his leave of him at the door Mr. Cowper Do you remember the manner of Mr. Goodman's coming in Mr. Porter Mr. Goodman sent up his Name to me and I told the Company and promis'd for him that he was a very honest Man and much in King James's Interest and then with their consent I went down and brought him up Mr. J. Powell How long time do you think there was between Mr. Goodman's coming in and my Lord of Aylesbury's going away Mr. Porter I cannot tell that I do not remember exactly how long it was Mr. J. Powell Was it a quarter of an hour or half an hour Mr. Porter A great deal longer for we had discoursed of the whole business after Mr. Goodman came into the Room Mr. Conyers How long were they there after Mr. Goodman came in Mr. Porter It was very near two hours after he came in before they went away they did not go away 'till six a Clock and he came in at four as near as I can remember Mr. Att. Gen. Then my Lord we have done Sir B. Shower Then I beg the favour of a word or two my Lord. May it please your Lordship and you Gentlemen of the Jury I am of Counsel in this Case for the Prisoner at the Bar and I must beg your Lordship's patience and your favour Gentlemen to make a few Observations upon the Evidence that has been given for we humbly insist upon it in point of Law that here is not sufficient Evidence before you to Convict the Prisoner You are Gentlemen to have respect and regard to your Consciences and the Oaths which you have now taken to give a Verdict and make true Deliverance between the King and the Prisoner you are not to go according to your own private Opinions nor according to publick Fame nor according to common Report nor according to the Verdicts in other Cases nor according to the Confessions or Dying Speeches of Criminals who have been Executed whether made by themselves or by others for them but you are to go by the Testimony of Credible Witnesses and if you have not the Evidence of two Credible Witnesses before you my Lords the Judges will inform you how the Law stands That by the Statute of Edward the Sixth and the New Statute for Trials of Treasons there must be two Witnesses to prove the Prisoner guilty of the Overt Act of the Treason that is laid in the Indictment and whether there have been two Credible Witnesses produced before you is the Question that you are to consider upon your Oath and Conscience that is whether you are satisfied here be two such as the Law requires The Question is not meerly
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
And after all the many Questions ask'd in their separate examination I do not find they disagree in any Part of their Evidence So that Gentlemen there can remain no Question now but Whether these two Witnesses are men of Credit or whether there has been opposed to them any such Evidence as will make you believe that if not both at least one of them has forsworn himself They do produce nothing against Mr. Porter whatsoever may have been produc'd at former Tryals against his Credit Perhaps what has been before has satisfied the Objectors there is nothing appears against his Credit but he is not only a Competent but a very clear good credible and undoubted Witness But against Mr. Goodman they offer several things which they say amount to a violent Presumption that he is not to be look'd upon as a credible Witness And first they produce a Record of a Conviction upon an Information against him for attempting to poison two Noble Dukes This he was convicted of and fin'd 1000 l. and ordered to find Sureties for his good Behaviour during his Life But to this it is answered that it appears in the same Record that Satisfaction was acknowledged of the 1000 l. and all the rest of the Judgment the very next Term and he was forthwith discharged and that without paying the Mony which 't was observ'd the Prisoner's Counsel said Mr. Goodman was not able to pay at that time no more than he could 20000 l. and thereupon the King's Counsel say that the Government was convinc'd that he was wrong'd by a causeless Prosecution and the Evidence against him was found not to be credible And besides Mr. Goodman stands pardoned by several Acts of Pardons as well as other Subjects Then they produce one Edwards who is a Prisoner here and committed for Suspicion of High Treason and for Treasonable Practices He is no doubt of it a Witness for all that For that is but an Accusation upon him and does not take away his Credit He tells you of a Discourse that he had with Mr. Goodman and that Goodman ask'd him when the Prisoner was to be try'd and he told him he wou'd be try'd such a Day and when it was ask'd what it was for it was answer'd not for the Assassination but for sending Mr. Chernock into France He ask'd then who were the Witnesses against him Mr. Goodman said Mr. Porter and himself And further said that he understood that Mr. Cook had sworn against him though he would give an Account of no body else and had no Pardon and either he must hang or himself And then he talk'd lightly of the Business of hanging and said it was a foolish thing to be hang'd for all that People wou'd say was that such an one hang'd handsomly or dyed bravely This indeed is a sort of Discourse as if Mr. Goodman did apprehend himself in Danger from Mr. Cook 's Evidence and yet I cannot see that it does at all falsifie the Evidence of Mr. Goodman He may be a true Witness and yet he might say he was to give Evidence against Mr. Cook and it was in Mr. Cook 's Power to give Evidence against him and that truly and if both were in the Guilt they were in Danger of one another But for a further Answer the King's Counsel have produced Mr. De-la-rue who says that he knew Mr. Edwards and that he was a Scotch Man and reputed Chaplain to the Viscount of Dundee that he went formerly by the Name of Dowglas and by that Name he was set down and described in the List that Mr. Chernock sent to Captain Porter and to that Name he answer'd in the Press-yard lately Now it is certain that Mr. Chernock's putting of his Name in that List is no Evidence of his being guilty in Mr. Chernock's Treason But his going by two Names doth justly lay him under some Suspicion But the Evidence that the Prisoner seems to rely upon most is what Evidence has been produc'd against Mr. Goodman in that Point of Fact by the Master and the two Drawers the first of the Drawer's Name was Crawford and he does tell you that about 12 Months ago there was this Company at Dinner there My Lord of Aylesbury my Lord Montgomery Sir John Friend Sir John Fenwick Sir William Parkyns Captain Porter Mr. Chernock and the Prisoner though he did not then know his Name or the Name of one or two more of them I observe by the way that his Testimony so far does verifie theirs that there were eight of them there but he says he did not see Mr. Goodman there nor any but those that dined there And my Lord of Aylesbury went away as he thinks about four a Clock He cannot say that the Prisoner was there or was gone at that time before Mr. Goodman came in for he did not see Mr. Goodman there at all he was not in the Room all the time but he was to and fro attending till my Lord of Aylesbury and my Lord Montgomery went away in a Coach that was called and when they were gone the rest of the Company staid there a good while being urged to tell how long at last he said it was dark and that agrees with Mr. Porter who says it was about nine a-Clock when they went away He says he was there once or twice after my Lord of Aylesbury went away but he never saw Mr. Goodman that he remembers at all till last Saturday in all his Life As to this the King's Counsel say that it is only a negative Evidence and in which a Man cannot be absolutely positive but can only speak according to his Observation and Memory which might not be perfect and Mr. Goodman might be there in the mean time of his going in and out That is possible and so it must be left to you to consider of it Then there is Huntly the other Drawer and he says my Lord of Aylesbury went away about that time and that he did not see Mr. Goodman there at all nor ever in his Life till now neither does he remember that any body came to them after Dinner and if any fresh Man had then come in he thinks he should going often in to them have known him and says that he attended this Company only And he had seen Sir John Friend and Sir William Parkyns there before Then Mr. Cock the Master of the House was produced and he names all the eight Persons that did dine there and so far he confirms the King's Evidence He thinks that my Lord of Aylesbury and my Lord Montgomery went away privately as it seems they had come in a Hackney Coach and that it was about 4 a-Clock and he says he did not see Mr. Goodman there and he does not know that he ever saw him till now But when he was cross examined by the King's Counsel he does acknowledge that he might possibly come in after Dinner and before my Lord of Aylesbury went away and
he not see him because he was not there all the time he says Sir John Friend used to dine at his House and came to his House once a Week and he had seen some of the rest but they did not frequent his House as Sir John Friend did He says the Company din'd about 2 a-Clock and the last of them staid till about 8 or 9 and that the Door was shut as is usual when Company is in a Room but no body was forbid to come there But to establish the Credit of the Evidence on the King's part they did produce Mr. Goodman and Mr. Porter again Mr. Goodman does acknowledge so far to be true that my Lord of Aylesbury went away first but says that himself was not wholly a Stranger to this House for he had dined there four or five times with Sir John Friend and particularly one time he being sick and asking for some Brandy the Master of the House said he would help him to some of the best in England and Mr. Goodman would have bought some of him But the Master seems not to own that and says he does not remember any thing of it But then comes Mr. Porter again and he says positively that Mr. Goodman was there and that he did speak with the Company and complemented my Lord of Aylesbury when he went away and went part of the way towards the Stairs with him and he does well remember it by this Token that when Mr. Porter was told Mr. Goodman was below he mentioned him in the Company as a trusty Man that was fit for the Conversation and then Mr. Porter went and fetch 't him up and Mr. Goodman was there near two Hours and they discours'd all this matter in that time in the Presence of the Prisoner and the rest and he says it was about six a-Clock before my Lord of Aylesbury and my Lord Montgomery went away and then there was Opportunity enough for this Discourse and Consult that they speak of The Prisoner has offered another sort of Evidence First the Confidence of his own Innocence that he was abroad three Weeks after this Conspiracy was discovered and they have produced Mr. Treganna Mr. Peachy and Mr. Nichols who prove that he never absconded but was abroad and appeared openly for three Weeks after till such time as he was taken This the King's Counsel say is no proof that he is not Guilty and their Evidence untrue They say he might have a Confidence and the rather because he is not charged with the Assassination for at that time these Witnesses speak of nothing was discovered and publick but the Assassination for it was before Sir John Friend's Trial and then was the great Discovery of the Secret of the Invasion Then he shews further as to his Conversation that he is a Man of a very sober Life never was known to Swear that he Drinks but little and is a Godly Man and often says his Prayers As to that the King's Counsel on the other side tell you that has been pretended to by other People too and the Question is not about Religion but this Fact that you are now to try Whether he be so Religious or no as he pretends or whether he be Sincere in his Devotion that is not so much the matter now but the Question is whether he has offended in this Kind as he stands Accused They produce a Gentleman one Mr. Hammond and he says that he is a very Consciencious Man and particularly is a great Lover of his Country and he has often heard him declare a Detestation of an Invasion by a French Force and wish Success to the Fleet but that which he remembers chiefly was about the time of the Discovery of this Plot. The King's Counsel answer to this that a man may use such kind of Expressions perhaps to Cover his Guilt and in the Reply to Sir Barth Showers Observations it was taken notice of by Mr. Solicitor what we all cannot but remember that the like Evidence was given as to Sir John Friend that he did detest an Invasion and was present at the Common Prayer when King William was pray'd for and declared against Plots and that if they catched him in the Corn they might put him in the Pound These things a man might say and it is the lightest Evidence that can be given being Discourses out of Mens own mouths who will never proclaim their own Guilt and therefore it is the weakest Defence that can be offered But Gentlemen you are to consider the other Evidence that has been produc'd by the Prisoner given by several Witnesses and who are upon their Oaths now as well as the King's Witnesses And his Counsel say their Witnesses but particularly the three upon whom they chiefly rely have no Objection made out against them and no man's Testimony ought to be Presumed to be false And it must be taken notice of that they can speak only according to their Belief grounded on their Observation and Memory that they did not so far as they observed or remember see Mr. Goodman there as 't was most probable they should if he had been But 't is possible they might overlook or forget the rather for that they were not of the Company but in and out up and down and Mr. Goodman was not there at Dinner when their Attendance was fixt and constant It ought to be considered also that here are several Circumstances some of which seem very pregnant It is agreed on all hands that the Prisoner Dined there with those other seven persons concerning Four of whom we must conclude nothing but concerning three of them we in this Court may take notice they are Attainted of High Treason and so it is evident that the Prisoner was for a long time a Companion of three Traytors and had a Conversation with them I do not find that he had any Occasion to be there nor any of the rest of the Company Concerning my Lord of Aylesbury indeed it is said he proposed to treat about a Hogshead of White Wine But that seems to be casual and not the end of his coming and Dining with this Company there But be that how it will that relates to his Lordship alone But for the others I do not find they do pretend any Occasion of meeting there and therefore it leaves it the more suspicious And 't is the more so because it was managed so privately and cautelously They were not attended according to their Qualities The Lords went away together in a Hackney-Coach that was called as they had come thither in another The rest thought fit to stay there till it was dark and as soon as it was so went away There was some extraordinary Cause for all this It did import the Prisoner to shew that it was for some good Cause and Purpose And further it is observable that this House was a place which as the Master says none of this Company did use to resort to
except Sir John Friend which makes it probable this being a House that Sir John Friend frequented and none of the others that He bespoke this place and brought the rest thither And if it were so that makes it more probable that there was such a Treason there to be hatch'd as is evidenced by the King's Witnesses for you may remember and it appears by the Record in this Court that Sir John Friend was indicted and attainted not for the Assassination but for the Treason for which the Prisoner is now a trying an Invasion that was to be supported with an Insurrection Now if Sir John Friend was chiefly acquainted with this House and brought this Company together it is very probable it was about this business which Sir J. Friend was so concerned in And that he is Attainted for it appears upon the Record before us which should be read but that the Prisoners Counsel admit it and are so far satisfied in it that they won't Arraign the Verdict nay they did acknowledge that there was a Plot and there was no doubt of it there was such a Plot. Now then Gentlemen here it is certainly proved by these two Witnesses and not gainsaid by the Prisoners own Witnesses that there was such a Meeting and that the Prisoner was there and they both have positively Sworn that this Treason was committed there You have heard what has been objected to their Credit they have delivered their Testimony upon their Oaths and so Gentlemen are you upon your Oaths If you are satisfied and can take it upon your Consciences that these two Witnesses are or any one of them is forsworn if such distinction can possibly be made in this case then you are to acquit the Prisoner but if you are satisfied and think they have sworn true you are to find him Guilty Mr. J. Rokeby Nay if one be forsworn both are for the Evidence is entirely in all parts the same and if Mr. Goodman be perjured Mr. Porter is so too Sir B. Shower Forsworn and Perjured are hard words we only say mistaken Mr. J. Rokeby Well that Objection goes to one as well as t'other L. C. J. Treby It must be so since they speak of the same joint matter viz. their being together in Company If Mr. Porter says true when he swears that Mr. Goodman was there with him and the rest Mr. Goodman must say true when he swears that he was there with Mr. Porter and the rest There was one thing that I forgot Sir B. Shower observed that it might be an Invention of Captain Porter because he fixeth it in point of time to the Month of May that he does not say it was in April for that then it would be within the Pardon which extends to April 29. last year nor would he lay it in June for then he was in Newgate and others of them were disperst by reason of a Riot committed in Drury-lane and so there was no Month left but May And this Sir B. Shower alledges was a piece of Skill and Contrivance But really this is a piece of Ingenuity in himself For besides that the King's Witnesses affirm positively that it was in May and remember it by a certain token viz. That it was within a very few days after the King went beyond Sea one or two of the Prisoner's Witnesses Crawford I am sure did say that this Meeting was this time twelve-month and you know we are now near mid May. Mr. Serjeant Darnall If you believe our Drawers for part you must believe them for all Mr. Att. Gen. No not so My Lord speaks only where they concur with our Evidence It were strange to expect we should disbelieve or doubt what the Witnesses on both sides affirm to be true But I do not think it would be to the Advantage of the Prisoner if what his Counsel proposeth were agreed to viz. that the Drawers and their Master too should be believed for All they say provided equally that the King's Witnesses should in like manner be believ'd for what they say For the main thing controverted is whether Mr. Goodman were at this Meeting These Witnesses for the Prisoner say they did not see him there at least they do not remember it Mr. Porter and Mr. Goodman himself say he was there Now these things agreed and admitted would make a very consistent clear Evidence that Mr. Goodman was there though the Master and Drawers did not observe or do not remember his being there Then an Officer was sworn to keep the Jury who withdrew to consider of their Verdict and about three quarters of an Hour after they returned into Court Cl. of Arr. Gentlemen answer to your Names Henry Sherbrook Mr. Sherbrook Here And so of the rest c. Cl. of Arr. Are you all agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Set Peter Cook to the Bar which was done Peter Cook hold up thy Hand which he did Look upon the Prisoner how say you is he guilty of the High Treason whereof he stands Indicted or not guilty Foreman Guilty Cl. of Arr. What Goods or Chattels Lands or Tenements had he at the time of the Treason committed or at any time since Foreman None to our Knowledge Cl. of Arr. Then hearken to your Verdict as the Court has recorded it You say that Peter Cook is guilty of the High Treason whereof he stands indicted but that he had no Goods or Chattels Lands or Tenements at the time of the High Treason committed or at any time since to your Knowledge and so you say all Jury Yes Cl. of Arr. Gentlemen the Court dismisses you and thanks you for your Service Then the Court adjourned till 5 a-Clock in the Evening Post Meridiem About six a-Clock the Court being by Proclamation Resum'd the Prisoner convicted was brought to the Bar in order to Judgment Cl. of Arr. Peter Cook hold up thy Hand which he did thou stand'st convicted of High Treason for compassing and imagining the Death of his Majesty King William the Third and for adhering to the King's Enemies what canst thou say for thy self why the Court should not give thee Judgment to dye according to the Law Cook My Lord Mayor my Eyes are very bad therefore I desire your Lordship would be pleased to take this Paper and that it may be read Cl. of Arr. Have you any thing to say in Arrest of Judgment Cook I desire my Paper may be read It was handed up to the Court and then delivered down to Mr. Att. General and the King's Counsel but not openly read Mr. Recorder Mr. Cook the Court have read your Paper you sent up and have communicated it to the King's Counsel if you have any thing to move in Arrest of Judgment this is your time and we will hear you but as for any Representation of your Case to any others that must be considered of afterwards you are now called to