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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

in the War aforesaid And to Stir up and Procure those Foes and Enemies the readilier and more boldly this Kingdom of England to Invade the Treasons and Trayterous Contrivances Compassings Imaginings and Purposes of the said Peter Cook aforesaid to Perfect and Fulfil also the same First day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid He the said Peter Cook divers Horses and very many Arms Guns Muskets Pistols Rapiers and Swords and other Weapons Ammunition and Warlike Matters and Military Instruments Falsly Maliciously Secretly and Trayterously did Obtain Buy Gather together and Procure and to be Bought Gathered together Obtained and Procured did Cause and in his Custody had and detained to that Intent To use the same in the said Invasion War and Rebellion against our said Lord the King that now is Him our said Lord the King of and from the Regal State Crown and Government of this Kingdom of England to Depose Cast down and Deprive and Him to Kill and Murther and the Designs Intentions and all the Purposes of him the said Peter Cook aforesaid to Fulfil Perfect and fully to bring to Effect against the Duty of his Allegiance and against the Peace of our said Sovereign Lord that now is his Crown and Dignity as also against the Form of the Statute in such Case made and provided Upon this Indictment he has been Arraigned and thereunto has pleaded Not Guilty and for his Tryal hath put himself upon God and his Country which Country you are your Charge is to inquire whether he be guilty of the High-Treason whereof he stands Indicted or not guilty if you find him guilty you are to inquire what Goods or Chattels Lands or Tenements he had at the time of the High-Treason committed or at any time since if you find him not guilty you are to inquire whether he fled for it if you find that he fled for it you are to inquire of his Goods and Chattels as if you had sound him Guilty if you find him not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Mompesson May it please your Lordship and you Gentlemen that are sworn this is an Indictment for High Treason against Peter Cook the Prisoner at the Bar and the Indictment sets forth That whereas there has been an open and cruel War for a long time and still is between his Majesty King William and the French King the Prisoner at the Bar not weighing the Duty of his Allegiance the First of July in the Seventh year of the King's Reign Did Compass and Intend to Depose and Deprive the King of the Title Honour and Dignity of the Imperial Crown of this Realm and likewise to put the King to Death and did adhere to the King's Enemies and to fulfil these Treasons he did Consult with Chernock and several other Traytors who were mentioned there and some of whom have been found Guilty of Treason and executed for it to send over to the late King James to perswade the French King to send over Soldiers and Arms to invade this Kingdom and to raise an Insurrection and Rebellion in it and to Deprive and put the King to Death and to compleat these Treasons it further sets forth That the Prisoner at the Bar did provide several Arms and Horses and this is laid to be against the Duty of his Allegiance against the King's Peace Crown and Dignity and against the Form of the Statute in that Case made and provided to this he had pleaded Not Guilty and for Tryal put himself upon the Country and Gentlemen if we prove these Facts laid in the indictment it s your Duty to find him Guilty Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason Cook My Lord Chief-Justice if your Lordship pleases before the Witnesses are Examined against me I intreat you that they may not be both in Court together that one may not hear what the other swears tho' I suppose it is the same thing for they have been together both now and the last day L. C. J. Treby Mr. Cook I must tell you it is not necessary to be granted for asking for we are not to discourage or cast any Suspicion upon the Witnesses when there is nothing made out against them but it is a Favour that the Court may grant and does grant sometimes and now does it to you tho' it be not of necessity they shall be examined apart but at present this is not the time of Examination for the King's Counsel are now to open the Evidence before they examine the Witnesses but when the time comes for the Witnesses to be called and examined the Court will in favour to you take care that your Request be complied with Mr. Att. Gen. May it please your Lordship the Prisoner stands Indicted for High Treason in Compassing and Imagining the Death and Destruction of his Majesty and likewise in adhering to his Majesty's Enemies these are the Treasons specified in the Indictment the Overt Acts that are laid to prove these Treasons are That he with several other Traitors named in the Indictment did Meet and Consult and agree to send over Chernock into France to invite the French King to make an Invasion upon the Kingdom and did provide Arms for that purpose Gentlemen the nature of the Evidence that you will have produced to prove the Prisoner Guilty of these Treasons lies thus It will appear to you that there has been for some time a Conspiracy carried on by several Traytors and Wicked Persons to subvert the established Government of this Kingdom and destroy the Constitution of England by a Foreign Invasion of the French You will hear that this Conspiracy was laid wide and consisted of several parts one part was that of Assassinating his Majesty's Royal Person and that was to be done first as a Preparation and Encouragement to the French to invade the Kingdom the other part was the inviting the French King to invade us and the Prisoner at the Bar is accused of being concerned in that part that relates to the Invasion of this Kingdom by a French Power and tho' it may be the other part that of Assassinating the King be the Blackest part of the Conspiracy yet if the Prisoner at the Bar has been ingaged in the inviting a Foreign Power to invade the Kingdom my Lords the Judges will tell you in Point of Law that is as much an Overt Act of the Compassing the Destruction of the King and People of England and the Subversion of our ancient good Constitution as if he had been concerned immediately in the other part the Assassination But now Gentlemen that the Prisoner was ingaged in Inviting the French to Invade us you will hear proved by several Witnesses that there having been a Design last Year just before his Majesty

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

Jury's but I pray my Lord observe tho' it is usual not to own things at the Bar yet I do not make this Denial as of Course but out of Truth and I assure you in the presence of the whole Court if I should suffer for this I must at my last moments either confess or deny something And I say I do assure in the presence of the whole Court and I will take the Blessed Sacrament upon it that I must at my Death deny this whole matter and that ever I did see Mr. Goodman at all there I do not think I saw him I do not remember I saw Mr. Goodman at all except once in Germain-street when the Coach broke and that must be but in passing by neither and he would have hurt or kill'd the Coachman and we kept him from it and I walk'd with him half the length of Germain-street before I knew who Mr. Goodman was If ever a one of those Gentlemen that are Men of Credit and Honour can say I was any ways so inclined or that they ever saw me or knew me that I ever bought a Pistol or a Blunderbuss or the like may God sink and strike me dead and the Blessed Sacrament which I intend to receive be my Curse and Damnation if I knew of King James's Coming till after the whole Town rung of it I had no hand in the Invasion and besides my Abhorrence of Introducing Foreign Force I desire your Lordship and the Jury to consider the Circumstances of my Case that I had but a very small Allowance from my Father and therefore it is not probable I should take upon me to joyn with my Lord of Ailesbury and my Lord Montgomery and those other Gentlemen to send Chernock into France to invite over a Foreign Force And I call God to witness I had no hand in it I beg your Lordships Pardon for all this Trouble I would not hurt Mr. Porter's Evidence for the Reasons that I have told you but this is for my Life and I don 't so much value that as I do Truth and Sincerity and I shall receive the Blessed Sacrament if I dye that I never did do so Indeed I never did take the Oaths nor did I ever refuse them because they were never offer'd me but I wou'd take the Oaths now if they were offer'd me My Lord I beg your Pardon for this Trouble L. C. J. Treby Have you done Sir Have you said all you would say Cook Yes my Lord. L. C. J. Treby Then you Gentlemen of the King's Councel will you conclude Mr. Sol. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Councel in this Case for the King and I could have been very glad that this Gentleman's Defence that he has made had been stronger than in truth it has been And I should have been very glad too that his Councel had been able to have made it better for him but that he and they may be satisfied as much is done as the Case will bear they have had all the Liberty in the World to make his Defence they could desire nay more than in strictness could be allow'd them Gentlemen our Evidence is very positive against the Prisoner at the Bar and for the Highest Crime that the King's Subjects can be guilty of by the Confession of the Gentleman himself and of his Councel We have I say two positive Witnesses against him they say They are not Legal ones I must own if we have not two Witnesses we have never an one for whatsoever falsifies Mr. Goodman's Testimony falsifies whatsoever Mr. Porter has Sworn Now the Evidence that Mr. Porter has given against him is this He says There was to be a Meeting at the Kings-head Tavern in Leaden-hall-street and there they consulted of the Methods to bring back K. James hither and it was thought the best way to send to King James to invite the French King to send 1000 Horse 1000 Dragoous and 8000 Foot to land here in this Kingdom where they would meet him with 2000 Horse They pitch'd upon a very proper Messenger Mr. Chernock a Person that has been attainted and has suffer'd for High Treason he was to be sent into France upon this Errand Mr. Cook the Prisoner at the Bar was one of the Persons that were there at that time and he was consenting to this Message and Mr. Porter gives you a particular Token relating to the Prisoner for he remembers the Prisoner did kneel upon the Chair and lean'd his Elbows upon the Table when he consented Mr. Porter goes further and tells you That Mr. Chernock would have another Meeting to know and see whether all the Company were of the same mind they had been and That afterwards they met at Mrs. Mountjoy's House and there the Prisoner at the Bar was present and consenting to the same thing Thereupon Mr. Chernock went into France and came back again and said The French King could not spare so much Force Mr. Goodman gives the same Evidence that Mr. Porter had given It 's true he was not at Mrs. Mountjoy's Tavern but he tells you withal He spoke with Mr. Chernock when he came back from France and Chernock return'd him the same Answer that he did to Mr. Porter That the French King could not spare so many Forces This is the Evidence in short Gentlemen that is given against the Prisoner and if this Evidence be true then is he guilty of the Crime for which he is indicted Against these Witnesses they have produced first a Record of Conviction against Mr. Goodman and that was for hiring one Amadea to poyson the Duke of Grafton and the Duke of Northumberland They have produc'd the Record whereby it appears he was Convicted and Fined 1000 l. and was to find Security for the good behaviour during Life and he was no lye in Prison till the Fine paid and Security given But it happens in that very Record it appears there was Satisfaction acknowledg'd upon that even the very next Term and that gives a great deal of Suspicion to believe that the Evidence that was given was not much credited for tho' the Councel for the Prisoner has said that it was the Payment of the 1000 l. that was the Satisfaction no it is not so it is a Satisfaction of the whole Judgment for finding Security as well as the Fine They say he was not able to pay the Fine and there is nothing appears of the other parts of the Judgment being complied with but the whole Judgment is set aside But all this does not make a Man no Legal Witness if they thought this Conviction tended to set aside his Evidence they would have produc'd it at another part of the Tryal than where they did That is when Mr. Goodman was first call'd to be Sworn as a Witness then they should have produc'd this Record and said he had been no Witness But they knew well enough that that was no

be for nothing but for the sake of Truth It has been further said on the behalf of Mr. Cook That he Abhorred the French and any Invasion upon his Country and the like It is a matter that is easily said and it has been said by others that have been in the same Place where he now stands That they hated all Plots and they might punish them if ever they caught them But these are only Sayings and nothing else If there can be any Constructions made of the Evidence given by these two Witnesses that does not directly prove the Indictment then the Prisoner ought to be Acquitted But if there can be no other Construction made but only That there was a plain Design to send Chernock into France to King James to perswade him to prevail with the French King to come and Invade us with a Foreign Force And if our Witnesses are Legal Witnesses as I doubt not my Lords the Judges will tell you they are if there be no Exception to the Credit of Goodmen but only that he was in such a Design of Poysoning the two Dukes which is really no Objection of Discredit to his Testimony then with Submission I think there is no room left for you Gentlemen of the Jury to doubt but that the Prisoner is as Guilty of this Crime laid to his charge as any others that have been Try'd and Condemn'd for the same And so Gentlemen I leave it to you L. C. J. Treby Mr. Conyers and Mr. Cowper will you say any thing to this matter Mr. Conyers and Mr. Cowper No my Lord we submit it entirely to your Lordships Direction we have done on all sides we think L. C. J. Treby Gentlemen of the Jury the Prisoner at the Bar Mr. Cook stands indicted here for High Treason there are laid in the Indictment two sorts of Treason the one is Compassing and Imagining the Death of the King the other is adhering to the King's Enemies The Evidence to prove these Treasons seems to be joynt for as to that of Compassing and Imagining the King's Death as well as to the other the Overt Acts are meeting and consulting about the Treason and then agreeing and resolving to invite and procure an Invasion from France and to meet that Invasion with an Insurrection here And the Evidence is apply'd entirely to prove these Acts. Gentlemen that these are proper Overt Acts of Compassing the King's Death I need not inform you the Law is very well known and the Prisoner's own Councel do acknowledge that these are sufficient Overt Acts of Compassing and Imagining the King's Death So that all which they Defend him by is the Improbability of the Testimony given against him Now Gentlemen you are to consider and weigh well the Evidence that has been given By Law it is true as they observe there must be Two Witnesses Here is no defect of Number that 's acknowledg'd too here are two Witnesses but the Question is whether here be two Witnesses that deserve Credit and upon whose Testimony you can find that the Prisoner is Guilty The Witnesses Gentlemen are Mr. Porter and Mr. Goodman First For the matter of their Testimony it is positive from them both that you 'll do well to observe Mr. Porter tells you That 〈◊〉 May last which is now just a Twelve-month there was a meeting of Eight Persons that is my Lord of Ailesbury my Lord Montgomery Sir John Fenwick Sir William Parkyns Sir John Friend Mr. Chernock Mr. Cook the Prisoner at the Bar and the Witness himself Mr. Porter and this was at the Kings-head Tavern in Leaden-hall-street and there these Eight dined and this was in order to consult about an Invasion together with an Insurrection intended to be made for the Restoring of the late King After Dinner comes in Mr. Goodman he says and then they pursued this Consultation and came to a Resolution to send Mr. Chernock into France and the Message was agreed upon which he should carry and he was to go to the late King and sollicite him to obtain 10000 Soldiers from the French King whereof 8000 should be Foot 1000 Horse and 1000 Dragoons These were to make up the 10000 men to invade this Kingdom And they resolved also when this Force should land they should meet and assist this Invasion with a joynt Force that should consist of 2000 Horse And to Acquaint and Assure him of this was the Message But he says That Mr. Chernock was very cautious in it and would not presently go upon this Errand but he would have further Assurance that they were in earnest and would make good what they did send him to propose therefore he would have a second meeting a second meeting was had that was at Mrs. Mountjoy's Tavern and there they did renew the same Resolution and there were present my Lord of Ailesbury Sir William Parkyns Sir John Fenwick Sir John Friend Mr. Chernock the Prisoner at the Bar and himself he does not know or remember whether my Lord Montgomery or Mr. Goodman was there He says Mr. Chernock did accordingly go into France and he did return and bring back King James's Thanks to them but their Desire could not be comply'd with and he had his Share of the Complements Now comes Mr. Goodman he says That about the same time viz. Mid-May Mr. Porter acquainted him there would be a meeting of some of K. James ●s Friends at this Tavern in Leaden-hall street He says That he did tell Mr. Porter he doubted he should not be there at Dinner but he would come as soon as he could after Dinner and according to appointment he did come after Dinner and there was this Consultation and Resolution that Mr. Porter speaks of and says That Mr. Chernock afterwards told him he had been in France with the late King and brought back the same Answer that Mr. Porter speaks of and he had the Honour of Thanks from the late King too Gentlemen I must observe one thing to you which does go very much towards the confirming what these Witnesses say and that is the Agreement in their Testimonies tho they were examin'd Apart at the Desire of the Prisoner You will find they agree in these several Circumstances in the Time that it was this time twelve-months in the Place that it was at this Tavern in the Number of Persons that were there which was Eight before Mr. Goodman came in in the number of Horse Foot and Dragoons that were to be brought from France and in those Horse that were to meet them here and besides in those words of Discourse upon the Consultation and the Resolution And there is one Circumstance more in which they do agree and which is very particular That when they came to deliver their Consent to this Message that Mr. Chernock was to carry the rest sate and Mr. Cook the Prisoner did kneel upon the Chair and lean'd upon the Table And this both of them do agree in

your Judgment Cook I did not know that I might offer any thing afterwards but if your Lordships think fit to communicate that to my Lords Justices I submit it to you Mr. Recorder Mr. Cook there is nothing appears upon this Paper that is matter of Law and so not serviceable to you now and therefore what you desire in it the Court will consider of afterwards Cook I do not understand the Law my Lord but I have heard the Court ought to be of Counsel for the Prisoner and I desire I may not suffer by my Ignorance Mr. Recorder I declare it for my part I know nothing that you can have any Advantage of in Arrest of Judgment if I did you should not lose the Benefit of it and you have had your Counsel assigned who have pleaded for you without restraint and if there had been any matter of Law that would have availed you in Arrest of Judgment no doubt they would have laid hold of that Advantage for you Cook I can't tell my Lord what is matter of Law Mr. Att. Gen. Your Lordship observes they took all the Objections that they could to the Indictment but there was none that they could fix Cl. of Arr. Then Cryer make Proclamation Which was done on both sides of the Court. Cryer Oyez All manner of Persons are commanded to keep silence while Judgment is in giving upon pain of Imprisonment Cook My Lord may I have my Paper again Mr. Recorder If you think it may be of any Service to you to leave it with the Court you may do so or if you desire it you shall have it again Cook I desire your Lordship to keep it Mr. Recorder I will receive it and it shall not be buryed I assure you Cook I don't hear what the Court says Mr. Recorder You say you did not hear what was said to you If you desire to have your Paper again you shall have it but if you desire to have it communicated above the Court will consider it and take care of that too Cook I desire your Lordship wou'd do it Then the Recorder proceeded to give Judgment thus Mr. Cook I think it useful to the publick and also at this time to you to observe that the Reign of the late King James was throughout one intire Design and Project form'd in Conjunction with the French King totally to subvert our Religion Laws and Liberties which grew so apparent to the Subjects of these Nations in so many Instances of fatal Consequence manag'd in such a Method and advanc'd so far that the People of these Kingdoms of all Qualities Ranks and Degrees did find it absolutely necessary for the Preservation of themselves and the neighbour Nations now in Alliance with us to pray in Aid of the then Prince of Orange as a Person not only nearly allied to this Crown but also intirely in the Interest of these Kingdoms and those neighbouring Princes and Countries that lay exposed to the Violence and ambitious Insults of France And the Love which that noble Prince did bear not only to us but to our Neighbours also disposed him to embrace that Invitation upon whose Arrival here that Predecessor from Motives that were invisible declin'd the Kingdom and the Government and left the People to themselves whereupon his present Majesty was necessarily and rightfully placed upon that Throne he so well deserv'd And this is now that King for whose Preservation all good People have associated and spare neither Lives nor Treasure to support and to continue in the Government and this is that King whom you have Traiterously conspired not only to dethrone but also to destroy and this is that People that you would have to swim in Blood and lose their Religion Liberty and Property These Matters need a History to relate at large I only touch them shortly to move good Men to rejoyce in their Deliverance and to move you seriously to reflect upon the Heinousness of your Crime Mr. Cook you are an English Man and must needs know that in this Place we frequently condemn to Death Clippers Coiners Thieves and Robbers and other such like Criminals and that justly and necessarily too for the Preservation of the Innocent and for the common Good Of what Condemnation must you and such as you be worthy then who have so horridly endeavour'd and design'd the fatal Ruin and Destruction of your own native Country and to render your fellow Subjects a miserable Prey and at the best to become Slaves and Vassals to a foreign Prince Let me also mind you That nothing is more sure than that after this you must receive a Judgment in another World and if that pass against you too that Sentence will be most terrible and your Sufferings without End And therefore I do advise you to imploy the few Days you have yet to live in Preparation for your future Happiness which cannot be duly done without a full Confession of this as well as other Crimes you have been guilty of I therefore charge it to you as your Duty and leave it with you at your utmost Peril that you honestly and faithfully discover all you know of this inhuman and traiterous Conspiracy and all the Persons that you do know to be guilty of it This will be the greatest Service you can do in this World and will be the best Preparatory Step that you can take towards a better And Sir there now remains no more for me to say but to pronounce that Sentence on you which the Law directs And that is this THat you Peter Cook be taken hence to the Place from whence you came and thence be drawn upon a Hurdle to the Place of Execution where you are to be hang'd by the Neck and cut down before you be dead that your Bowels be taken out and your Privy Members cut from your Body and both burnt in your Sight That your Head be cut off and your Body divided into four Quarters which Head and Quarters are to be at the King's Disposal and God Allmighty have Mercy upon your Soul Cook I beg if your Lordship please that I may have my Relations and Friends come to see me and some Divines the better to prepare me for another World Mr. Recorder Mr. Cook if you 'll give the Names of those that you would have come to you to the Officer Care shall be taken in it and you will not be denyed any reasonable Helps that may be had for your Preparation for Eternity Mr. Att. Gen. It is not fit he should be deny'd any reasonable Help but in the mean time there is reason for the Government to be cautious upon the account of what has notoriously past in the Case of some others Mr. Recorder If he give in the Names it will be considered of and Care taken that nothing be done but what is reasonable and safe Then the Prisoner was taken from the Bar and the Court proceeded to what was remaining of the Business of the Sessions FINIS Rookwood's Tryal 4. 13.