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A25872 The arraignment, tryal, and condemnation of Ambrose Rookwood, 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 was found guilty of high treason before His Majesty's justices of Oyer and Terminer, at Westminster on Tuesday the 21st of April 1696, and received sentence the day following, and was executed at Tyburn on the 29th day of the said month : in which tryal is contained 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. Rookwood, Ambrose, 1664-1696, defendant. 1696 (1696) Wing A3755; ESTC R4588 88,215 80

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Courts and Maritime Towns and Places within His Kingdom of England Dominion of Wales and Town of Berwick upon Tweed that they and every of them in their respective Stations and Places be careful and diligent in the Examination of all Persons who shall pass or endeavor to pass beyond the Seas and that they do not permit any Person whatsoever to go into Ireland or other places beyond the Seas without a Pass under His Majesty's Royal Sign Manual until further Order And if they shall discover the said Persons above-named or either of them then to cause them to be apprehended and secured and to give notice as aforesaid And His Majesty does hereby Publish and Declare to all Persons who shall Conceal the Persons aboue-named or any of them or be aiding and assisting in the Concealing of them or furthering their Escape That they shall be proceeded against for such their Offence with the utmost Severity according to Law And for the Encouragement of all Persons to be Diligent and Careful in endeavouring to Discover and Apprehend the said Persons We do hereby further Declare That whosoever shall Discover and Apprehend the Persons above-named or any of them and shall bring them before some Justice of Peace or chief Magistrate as aforesaid shall have and receive as a Reward the Summ of One thousand Pound which said Summ of One thousand Pounds the Lords Commissioners of His Majesty's Treasury are hereby Required and Directed to pay accordingly And if any of the Persons above-named shall Discover and Apprehend any of their Accomplices so as they may be brought to Justice His Majesty does h●reby Declare That every Person making such Discovery shall have His Majesty's Gracious Pardon for his Offence and shall receive the Reward of One thousand Pound to be pay'd in such manner as aforesaid Given at our Court at Kensington the 23d Day of February 1695 6. in the Eighth Year of our Reign GOD SAVE THE KING Mr. Phipps My Lord The different Penning of the Clauses is not only in that Proclamation but it is the Language of every Proclamation that has gone out for the Apprehending any of the Conspirators Mr. Att. Gen. My Lord All that we say in answer to this Objection is That Mr. Harris is not nam'd in that Proclamation L. C. J. Holt. What say you to that Sir Bartholomew Shower He is not named in the Proclamation And so if he hath Discovered and Apprehended the Prisoner he has earn'd his Money whether he be Convicted or not because Rookwood's Name is in the Proclamation tho' his is not Mr. Phipps Then My Lord with humble Submission here is another Proclamation wherein he is nam'd we desire that may be read Mr. Sol. Gen. And when it is read it will be as little to your Purpose as the other Mr. Att. Gen. Let them read what they please we need say nothing at all to it L. C. J. Holt. Certainly upon this Proclamation there 's no Objection for he is intitled to his One thousand Pound already tho' Rookwood be never convicted Mr. Phipps But is he not by this Proclamation which mentions his Accomplices intitled to his Pardon If so he swears to secure himself L. C. J. Holt. By the Apprehending and Discovering he 's intitled to his Pardon Mr. Phipps But not without he be brought to Justice that is to say till he be convicted therefore he cannot be an Evidence to convict him L. C. J. Holt. That is as to any that are there named if any of them Discover and Apprehend one another it must be so as that they be brought to Justice But if any Person that is not named there does Apprehend any that is he is intitled to the One Thousand Pound barely by the Apprehension Mr. Phipps Then there is another Proclamation where they are both named as Mr. Rookwood tells me Sir B. Shower My Lord We will set this Matter right we will show the other Proclamation in which if I am rightly inform'd for I have not read it Mr. Harris is nam'd Mr. Att. Gen. If you have not read it I would advise you not to trouble the Court with it for you will find the latter part is restrain'd to Three or Four particular Persons of which he is none Rookwood I am named in the Proclamation Mr. Att. Gen. Ay but read the latter part of it and you will find you are not nam'd in that Clause that they referr'd to You need not read the former part of the Proclamation we agree the Prisoner is named there but only look towards the bottom which is the Clause that they refer to Cl. of Arr. Reads And we do hereby further Declare c. Mr. Att. Gen. They have not considered the Proclamation and therefore make an Objection of they don't know what Sir B. Shower We are in your Lordship's Judgment L. C. J. Holt. For what See if you can make or state a Case for our Judgment Sir B. Shower Mr. Rookwood is mention'd in the first Proclamation and Harris is not but there are the Word Accomplices He is likewise mentioned in the last Proclamation but not in the last Clause of it I confess if he had it had been plain it would have taken off his Testimony but now we must submit it to you whether he is not an Interested Person and consequently no good Witness L. C. J. Holt. Truly I do not see any colour for the Objection Is he not as well intituled to his One thousand Pound tho' Mr. Rookwood had never been try'd by the bare Apprehending of Mr. Rookwood as if he was Convicted Sir B. Shower No my Lord because the Words are so as he may be brought to Justice L. C. J. Holt. That is not so as to any Person that apprehends one mentioned in the Proclamation if the Person that apprehends be not mention'd in it and named himself if any one that is not mention'd apprehend one that is mention'd he is intituled by the Apprehension to the One thousand Pound If any one that is mention'd apprehend another then he is to bring him to Justice now Mr. Harris is not named in this Proclamation and so as to the One thousand Pound he stands in the same Condition as any other Person that Discovered or Apprehended one of the Persons there nam'd Sir B. Shower But it seems he was one of the Conspirators because he is himself described in another Proclamation Mr. Att. Gen. If it were so it would not be material nor any manner of Objection but as they have made their Objection upon these Proclamations we think there is nothing for us to give an Answer to Mr. Cowper Nay my Lord if it were so will Sir Bartholomew Shower say his Client is not brought to Justice unless he be Convicted I am sure the Words Convicted or Attainted are not in the Proclamation L. C. J. Holt There is nothing in it you must swear Mr. Harris which was done accordingly Mr. Sol. Gen. Will you give