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A25882 The arraignments, tryals and condemnations of Charles Cranburne and Robert Lowick for the horrid and execrable conspiracy to assassinate His Sacred Majesty King William in order to a French invasion of this kingdom who upon full evidence were found guilty of high-treason before His Majesty's justices of Oyer and Terminer at Westminster, and received sentence the 22d. of April, 1696, and were executed at Tyburn the 29th of the said month : in which tryals are contained all the learned arguments of the King's councel, and likewise the councel for the prisoners, upon the new act of Parliament for regulating tryals in cases of treason. Cranburne, Charles, d. 1696.; Lowick, Robert, d. 1696. 1696 (1696) Wing A3767; ESTC R18124 90,422 76

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Principles and Doctrines have so far perverted and corrupted you as to engage you in such a bloody Design I shall leave you to make that Preparation for another World which is proper for Men in your condition and pronounce the Judgment of the Court which the Law hath appointed and the Court does award That all of you be conveyed from hence to the Prison from whence you came and from thence every one of you is to be drawn upon a Hurdle to the place of Execution where you are to be hanged by your Necks and to be cut down while you are alive your Privy Members are to be cut off and your Bowels to be cut out of your Bodies and burnt in your view your Heads are to be cut off and your Bodies to be divided into four parts and your Heads and Quarters are to be disposed where his Majesty shall appoint And I pray God to have Mercy on all your Souls Cranburn I humbly desire the liberty of my Wife and Relations to come to me and such Divines as I shall desire may have free recourse to me L. Ch. J. Holt. You shall have that liberty that is allowed to all Persons in your condition Rookwood I must beg the same Favour to have some few Friends and Relations come to see me without a Keeper L. Ch. J. Holt. You shall have a Warrant for your Friends to come to you Rookwood I beg your Lordship that you would please to specifie it in the Warrant because they would not grant hitherto without a Keeper being by L. Ch. J. Holt. You mean you would have your Brother permitted to come to you Rookwood Yes and some few Relations L. Ch. J. Holt. What is usually done in such Cases let it be done Lowick My Lord I desire the same thing that my Sister may come to me and that the little time I have I may be private with my Friends Mr. Att. Gen. If your Lordship please they may give the Names of those they would have admitted to them and then the Keeper will attend your Lordship for your Direction L. Ch. J. Holt. That the Keeper must take care of lest they allow such a Liberty as may indanger an Escape for their being alone may prove a dangerous thing Mr. Att. Gen. It is reasonable they should tell who they are before they be admitted L. Ch. J. Holt. You allow them I suppose to have private Discourse in the same Room if a Keeper be by Cranburn No my Lord we never had Mr. Att. Gen. Such as your Lordship thinks proper to be admitted to them may have Discourse with them in private if the Keeper be in the Room but no others but such as your Lordship shall allow for we know what has been the effect of a Liberty of access to some Prisoners L. Ch. J. Holt. Let us have a Note of those Names that you would have come to you and we will give Directions that shall be proper in it Cl. of Arr. Sheriff of Middlesex you must take them into your custody till Execution is done Then the Keeper took away the Prisoners and the Court adjourned the Commission of Oyer and Terminer to Hicks's Hall at Three of the Clock that Afternoon ADVERTISEMENT THere is now in the Press and will be published this Week a complete Guide for his Majesty's Justices of the Peace according to the best approved Authors in Two Parts The First containing the Common and Statute-Law the Second consisting of the most Authentick and Useful Presidents which do properly concern the same by J. Bond of Greys-Inn Esquire Continued down to this time with a Table referring to all the Statutes relating to a Justice of the Peace by E. Bohun Esquire being the best of this kind Printed for M. Gilliflower Isaac Cleave in Chancery-Lane and W. Freeman The Reports of divers special Cases adjudged in the Courts of Kings-Bench common-Common-Pleas and Exchequer in the Reign of King Charles II. Collected by Sir T. Raymond Knight late one of the Judges of the said Courts Printed for Samuel Heyrick at Greys-Inn Gate Holborn Remarks upon an Heroic Poem entituled Prince Arthur written by Mr. Dennis Printed for Samuel Heyrick and Richard Sare at Greys-Inn Gate Holborn
upon the Evidence you have heard or you think there is any Inconsistency or Incoherence in the Testimony on the one side and the other and that there is good Reason to disbelieve the Evidence against the Prisoner Then you are to acquit him You have heard your Evidence and you had best consider of it Cl. of the Crown Who keeps the Jury Crier there is an Officer Sworn Then the Jury withdrew to consider of their Verdict and about a quarter of an Hour after Returned Cl of Ar. Gentlemen answer to your Names John Kaine Mr. Kaine Here. And so of the Rest Cl. of Ar. Are you all agreed of your Verdict Jury Yes Cl. of Ar. Who shall say for you Jury Foreman Cl. of Ar. Charles Cranburn 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 Ar. What Goods or Chattles Lands or Tenements had he at the time of the Treason Committed or at any time since Foreman None to our Knowledge Cl. of Ar. Then hearken to your Verdict as the Court has Recorded it You say that Charles Cranburn is Guilty of the High-Treason whereof he stands Indicted but that he had no Goods Chattles 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 Mr. Kaine My Lord the Jury humbly desires they may be discharged from their attendance to Morrow L. C. J. Holt. We cannot do it unless the Jury be full without them If you come early we shall dispatch you presently Then the Prisoner was taken from the Bar and the Court adjourned till Seven a Clock the next Morning FINIS THE Arraignment Tryal and Condemnation OF Robert Lowick For the Horrid and Execrable CONSPIRACY To Assassinate His Sacred Majesty KING WILLIAM In Order to a French INVASION of the Kingdom Who upon full Evidence was found Guilty of High Treason before His Majesty's Justices of Oyer and Terminer at Westminster on Wednesday the 22th of April 1696 and was Executed at Tyburn on the 29th day of the said Month. In which Tryal All the Learned Arguments of the King's Council and likewise the Council for the Prisoner upon the New Act of Parliament for Regulating Tryals in Cases of Treason LONDON Printed for Samuel Heyrick at Grays-Inn-Gate Holbourn and Isaac Cleave at the Star next Serjeants-Inn-Gate in Chancery-Lane M DC XC VI. Die Mercurii Vicesimo Secundo Die Aprilis Anno Domini 1696. Annoque Regni Regis GULIELMI III. OCTAVO THIS Day the Justices of Oyer and Terminer holden for the County of Middlesex adjourned over to Seven this Morning met and the Court was Resum'd by Proclamation in usual Form Clerk of the Arraignments Keeper of Newgate set Robert Lowick to the Bar which was done You the Prisoner at the Bar Robert Lowick 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 unto them as they come to the Book to be Sworn and before they be Sworn Mr. Mompesson If your Lordship pleases to favour me with one Word for the Prisonor at the Bar I shall not trouble your Lordship with any thing that was urged by the Gentlemen that were of Council Yesterday but I shall Rely upon something that has not yet been spoken to My Lord they have not laid any Time or Place where the Consent or Agreement was for the Forty Men that were to set upon the King and his Guards There is a Time laid before where they met and discoursed of the Ways and Means how to Assassinate and Kill the King but when it comes to the Assencerant Concesserunt Aggreaverunt with Submission this being another Act there ought to be another Time and Place laid and for that I shall Cite your Lordship two or three Cases for Men may meet and Propose and Discourse and Consult of such Things though they be very Ill Things and yet that may not be Treason It 's the Agreement that is the Treason and so 't was held in Captain Blagues Case about Taking the Tower They may meet at one Time and Place and at another Time and Place they may agree in Dyer 68. B. and 69 Pl. 28. a Man was Indicted for Murder that he at such a Place in and upon the Person that was Murdered in Sultumferit ipsum the Person that was Murdered cum Quodam Curtello of such a Price percussit and he does not shew the place where he struck him nor had the Indictment the Words ad tunc Ibidem and therefore the Court held it void So it is likewise Ruled in Goodrick's Case H●ll 35. 119. and therefore in Indictments for Murder since they generally set forth not only the Time and Place of the Assault but likewise of the Blow so likewise in things of a more inferiour Nature as Rescues Returned by the Sheriff that the Capias was served but does not shew where the Rescue was or though he shews where the Arrest was and an Coupled the Rescue to it yet it was adjudged and Ill Return Dyer 69. Pl. 29. 10 Edw. 4. 15 Fitz. Ret. Vic. 32 Bro. Ret. Det. Bre. 97. and Errour 194. Palm 563. And in Noy 114. there are these Words Note It was Moved in Discharge of a Rescue the Return was that they viz. A. B. aforesaid the Bayliffs ad Tunc Ibidem Vulneraverunt c. And the aforesaid George c. Rescuserunt without ad tunc Ibidem Referred only to the Vulneraverunt and not to the Rescuserunt and therefore the Return was adjudged Insufficient for my Lord although in Conveyances a Clause or Word in the beginning or end may Refer to the whole yet in Indictments every Sentence must be Certain Plain and Express and have its own Time and Place Therefore in Noy's Rep. 122. Raymond was Indicted for stopping a Cross Way leading from a certain Ville called Stoake into a Ville called Melton in the County of Dorset and the Indictment was Quasht because in the County of Dorset shall refer only to Melton and not to both So an Indictment of Forceable Entry into a Messuage existent Liberum Tenementum of J. S. is not good for want of the Word ad Tunc though the Participle existens does strongly Imply that it was his House at that time 3 Cro. 754. Het 73 Noy 131. Palm 426. Bridg. 68. 2 Cro. 214 610. Sid. 102. Lat. 109 c. and my Lord Coke tells us in Calvin's Case 5. B. That Indictments of Treason of all others are the most Curiously and Certainly Indicted and Penn'd and all those that I have seen and observed have Contained more Certainty than the Indictment now before your Lordship in Reginald Tuckers Case The Indictment was