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justice_n	john_n	lord_n	richard_n	7,530	5	9.7014	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25874	The arraignment, tryal, and condemnation of Peter Cooke, Gent. for high-treason, in endeavouring to procure forces from France to invade this kingdom, and conspiring to levy war in this realm for assisting and abetting the said invasion, in order to the deposing of His sacred Majesty, King William, and restoring the late King Who upon full evidence was found guilty at the Sessions-House in the Old-Baily, on Wednesday the 13th of May, 1696. And received sentence the same day. With the learned arguments both of the King's and prisoner's council upon the new Act of Parliament for regulating tryals in cases of treason. Perused by the Lord Chief Justice Treby, and the council present at the tryal.	Cooke, Peter, d. 1696.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex)	1696 (1696)	Wing A3757; ESTC R3080	87,497	74

Evidence The Names of the Twelve sworn are as follow Henry Sherbrook John Cullum Thomas Shaw Richard Young John Cooper Jonathan Micklethwait John Wolfe Thomas Collins John Watson Benjamin Hooper Daniel Wray and John Pettit Cl. of Arr. Cryer Make Proclamation Cryer O Yez If any one can inform my Lord the King's Justices the King's Serjeant the King's Attorney-General or this Inquest now to be taken of the High Treason whereof Peter Cook the Prisoner at the Bar stands Indicted let them come forth and they shall be heard for the now Prisoner stands at the Bar upon his Deliverance and all others that are bound by Recognizance to give Evidence against the Prisoner at the Bar let them come forth and give their Evidence or they forfeit their Recognizance L. C. J. Treby You must make room for those Twelve Gentlemen that are sworn that they may be at ease and for those that are not sworn their Attendance may be spared Cl. of Arr. Peter Cook hold up thy Hand Which he did Gentlemen you that are sworn look upon the Prisoner and hearken to his Cause He stands Indicted in London by the Name of Peter Cook late of London Gentleman For that whereas an Open and Notoriously Publick and most Sharp and Cruel War for a great while hath been and yet is by Land and by Sea Carried on and Prosecuted by Lewis the French King against the Most Serene Most Illustrious and Most Excellent Prince our Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. All which time the said Lewis the French King and his Subjects were and yet are Foes and Enemies of our said Lord the King that now is William the Third and his Subjects He the said Peter Cook a Subject of the said Lord the King that now is of this his Kingdom of England well knowing the Premises not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said Most Serene Most Mild and Most Excellent Prince our Sovereign Lord William the Third now King of England his Supreme True Rightful Lawful and Undoubted Lord the Cordial Love and True and Due Obedience Fidelity and Allegiance which every Subject of the said Lord the King that now is towards him our said Lord the King should bear and of Right is bound to bear withdrawing and utterly to Extinguish Intending and Contriving and with all his Strength Purposing and Designing the Government of this Kingdom of England under Him our said Lord the King that now is of Right Duly Happily and very Well Establish'd altogether to Subvert Change and Alter and His Faithful Subjects and the Freemen of this Kingdom of England into Intolerable and Miserable Servitude to the aforesaid French King to Subdue and Inthral the First Day of July in the Seventh Year of the Reign of our said Lord the King that now is and divers Days and Times as well before as after at London in the Parish of St. Peter Cornhil in the Ward of Limestreet Falsly Maliciously Devilishly and Trayterously did Compass Imagine and Contrive Purpose and Intend our said Sovereign Lord the King that now is then his Supreme True Rightful and Lawful Lord of and from the Regal State Title Honour Power Crown Empire and Government of this Kingdom of England to Depose Cast down and Utterly Deprive and the same our Lord the King to Death and Final Destruction to bring and the aforesaid Lewis the French King by Armies Soldiers Legions and his Subjects this Kingdom of England to Invade Fight with Conquer and Subdue to Move Incite Procure and Assist and a Miserable Slaughter among the Faithful Subjects of our said Lord King William throughout this whole Kingdom of England to Make and Cause And further That the said Peter Cook during the War aforesaid to wit the aforesaid First Day of July in the Seventh Year abovesaid and divers other Days and Times before and after at London aforesaid in the Parish and Ward aforesaid to the said Foes and Enemies of the same our Lord the King did Adhere and was Assisting And his aforesaid most Wicked and Devilish Treasons and Trayterous Compassings Contrivances Intentions and Purposes aforesaid to Fulfil Perfect and bring to Effect and in Prosecution Performance and Execution of that Trayterous Adhering He the said Peter Cook as such a False Traytor during the War aforesaid to wit the same First Day of July in the Year abovesaid at London aforesaid in the Parish and Ward aforesaid and divers other Days and Times as well before as after there and elsewhere in London aforesaid Falsly Maliciously Advisedly Secretly and Trayterously and by Force and Arms with one Robert Chernock Sir John Friend and Sir William Parkyns Knights which said Robert Chernock Sir John Friend and Sir William Parkyns were lately severally Duly Convicted and Attainted of High Treason in Contriving and Conspiring the Death of our said Lord the King that now is and with divers other False Traytors to the Jurors unknown did Meet Propose Treat Consult Consent and Agree to Procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Foes and Enemies of our said Sovereign Lord William now King of England c. great Numbers of Soldiers and Armed Men this Kingdom of England to Invade and Fight with and to Levy Procure and Prepare great Numbers of Armed Men and Troops and Legions against our said Lord the King that now is to Rise up and be Formed and with those Foes and Enemies at and upon such their Invasion and Entry within this Kingdom of England to Join and Unite Rebellion and War against our said Lord the King that now is within this Kingdom of England to Make Levy and Carry on the same our Lord the King so as aforesaid to Depose and Him to Kill and Murther And further with the said False Traytors the same First Day of July in the Year abovesaid at London aforesaid in the Parish and Ward aforesaid Trayterously did Consult Consent and Agree to send the aforesaid Robert Chernock as a Messenger from him the said Peter Cock and the same other Traytors as far as and into the Kingdom of France in Parts beyond the Seas unto James the Second late King of England to Propose to him and to Request him to obtain from the aforesaid French King the aforesaid Soldiers and Armed Men for the Invasion aforesaid to be made and Intelligence and Notice of such their Trayterous Intentions and Adherings to the said late King James the Second and the said other Foes and Enemies and their Adherents to give and shew and them to inform of other Things Particulars and Circumstances thereunto Referring for the Assistance Animating Comforting and Aid of the said Foes and Enemies of the said Lord the King that now is

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.

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

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