challenge him Cl. of Arr. Benjamin Boltby Lowick I do not except against him He was Sworn Cl. of Arr. Elias Fletcher Lowick I have nothing to say against him He was Sworn Cl. of Arr. Cryer countez George Ford. Cryer One c. Cl. of Arr. Elias Fletcher Cryer Twelve Good Men and True stand together and hear Your Evidence L. C. J. Holt. Now the rest of the Jury that have appeared are Discharg'd Cl. of Arr. Cryer make Proclamation Cryer Oyez If any one can Inform My Lord 's the King's Justices of Oyer and Terminer the King's Serjeant or the Kings Attorney General before this Inquest be taken of the High Treason whereof the Prisoner at the Barr stands Indicted let them come forth and they shall be heard for now the 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 else they forfeit their Recognizance The Names of the Twelve Sworn are these George Ford. Esq Jur. Thomas Trench Esq Jur. John Wolfe Esq Jur. John Raymond Esq Jur. George Hawes Esq Jur. Matthew Bateman Esq Jur. Thomas Ramage Gent. Jur. William Wild. Gent. Jur. William Pitts Gent. Jur. William Smith Gent. Jur. Benjamin Boltby Gent. Jur. and Elias Fletcher Gent. Jur. Cl. of Arr. Robert Lowick hold up thy hand which he did You that are Sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Robert Lowick late of the Parish of St. Paul Convent-Garden in the County of Middlesex Gentleman for that he together with Christopher Knightley late of the same Parish and County Gentleman Ambrose Rookwood late of the same Parish and County Gentleman and Charles Cranburne late of the same Parish and County Yeoman not having the Fear of God in their Hearts nor weighing the Duty of their Allegiance but being moved and seduced by the Instigation of the Devil as false Traytors against the most Serene most Illustrious most Mild and most Excellent Prince our Soveraign Lord WILLIAM the III. by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. their Supreme True and Rightful Lawful and Undoubted Lord the Cordial Love and True and Due Obedience Fidelity and Allegiance which every Subject of our said Lord the King that now is towards him our said Lord the King should then of right ought to bear withdrawing and utterly to extinguish intending and Contriving and with all their strength Purposing Designing and Conspiring the Government of this Kingdom of England under him our said Lord the King that now is our right duly happily and very well established altogether to subvert change and alter as also the same our Lord the King to Death and final Destruction to put and bring and his faithful Subjects and the Freemen of this Kingdom of England into intollerable and most miserable Slavery to Lewis the French King to subengate and inthral the 10th day of February in the Seventh Year of the Reign of our Soveraign Lord the King that now is and diverse other days and times as well before as after at the Parish of St. Pauls Covent-garden aforesaid in the County aforesaid falsely malitiously devilishly and traiterously did Compass Imagine and Contrive Purpose Design Intend our said Lord the King that now is to Kill Slay and Murder and miserable Slaughter among the faithful Subjects of our said Lord the King throughout this whole Kingdom of England to make and cause and the same their most wicked impious and devillish Treasons and traiterous Compassings Contrivances and Purposes aforesaid to fulfil perfect and bring to effect they the said Christopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn and very many other false Traitors to the Jurors unknown afterwards to wit the same Tenth Day of February in the Year abovesaid at the Parish aforesaid in the County aforesaid and divers other Days and Times as well before as after there and elsewhere in the same County falsly malitiously advisedly secretly and traiterously and with Force and Arms did meet together propose treat consult consent and agree him our said Soveraign Lord the King that now is by lying in Wait and Wild to assassinate kill and murder and that execrable horrid and detestable Assassination and Killing the sooner to execute and perpetrate afterwards to wit the same Day and Year and divers other Days and Times at the Parish aforesaid in the County aforesaid traiterously did treat propose and consult of the Ways Manner and Means and the Time and Place where when how and in what manner our said Lord the King so by lying in Wait the more easily they might kill and did consent agree and assent that Forty Horsemen or thereabouts of whom the said Christopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn would be Four and every one of them traiterously took upon himself to be one with Guns Muskets and Pistols loaden with Gun powder and Leaden Bullets and with Swords Rapiers and other Arms armed should lye in Wait and be in Ambush the same our Lord the King in his Coach being when he should go abroad to set upon and that a certain and competent number of those Men so armed should set upon the Guards of him our said Lord the King then attending on him and being with him and should fight with them and overcome them whilst others of the same Men so arm'd him our said Lord the King to assassinate kill slay and murder and they the said Christostopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn their Treasons and all their Traiterous Intentions Designs and Contrivances aforesaid to execute perpetrate fulfil and bring to effect afterwards to wit the aforesaid 10th day of February in the Seventh Year abovesaid at the Parish aforesaid in the County aforesaid divers Horses and very many Arms Guns Pistols Rapiers and Swords and other Weapons Ammunition and Warlike things and Military Instruments falsly malitiously secretly and traiterously did obtain buy gather together and procure and did cause to be bought obtain'd gather'd together and procured with that Intent them in and and about the detestable horrid and execrable Assassination Killing and Murder of our said Lord the King that now is as aforesaid to use imploy and bestow and the same promises the more safely and certainly to execute do and perpetrate he the aforesaid Christopher Knightly with one Edward King lately of High Treason in contriving and conspiring the Death of our said Lord the King that now is duly convicted and attainted by the Consent and Assent of divers of the Traitors and Conspirators aforesaid the said tenth day of February in the Seventh Year abovesaid traiterously did go and come to the place proposed where such intended Assassination Killing and Murder of our said Lord the King by lying in Wait should be done perpetrated and committed to view
you shall have in Charge and a true Verdict give according to your Evidence so help you God Cl. of Ar. Thomas Glover Cranburne I challenge him Cl. of Ar. Dormer Sheppard He did not appear George Tredway He did not appear Matthew Bateman He did not appear Timothy Thornbury Cranburne I challenge him Cl. of Ar. James Partherich Cranburne I challenge him Cl. of Ar. Thomas Freeman He did not appear Robert Bredon Cranburne I do not Except against him he was Sworn Cl. of Ar. Joseph Blisset Crunburne I challenge him Cl. of Ar. Timothy Lannoy He did not appear John Harris He did not appear John Billiers Cranburne I have nothing to say against him he was sworn Cl. of Ar. Richard Bourn Cranburne I do not Except against him he was sworn Cl. of Ar. George Carter He did not appear Francis Chapman Cranburne I challenge him Cl. of Ar. Alexander Forth Cranburne I challenge him Cl. of Ar. Nicholas Roberts Cranburne I have nothing to say against him he was Sworn Cl. of Ar. Thomas Playstead Cranburne I challenge him Cl. of Ar. William Atlee Cranburne I challenge him Cl. of Ar. John Marsh He did not appear Andrew Cook Cranburne I do not Except against him he was sworn Cl. of Ar. John Hall Cranburne I challenge him Cl. of Ar. William Partridge Cranburne I challenge him Cl. of Ar. Peter Levigne Cranburne I challenge him Cl. of Ar. Thomas Moody Cranburne I challenge him Cl. of Ar. Richard Bealinge Cranburne I challenge him Cl. of Ar. Thomas Evans Cranburne I do not Except against him He was sworn Cl. of Ar. Thomas Ramage Cranburne I have nothing to say against him he was sworn Cl. of Ar. Edward Townsend Cranburne I challenge him Cl. of Ar. William Gunson Cranburne I challenge him Cl. of Arr. Philip Wightman Cranburne I say nothing against him he was sworn Cl. of Ar. John Wyborne Sir B. Shower I hope you take an Account of the Challenges Mr. Hardistey L. C. J. Holt. Nay you should take care of the Challenges who are his Council if he had no Council we wou'd take care of him Cryer Here is Mr. Wyborne What say you to him Cranburne I have nothing to say he was sworn Sir B. Shower I hope your Lordship will also be of Council for him L. C. J. Holt. We are to be equal and indifferent between the King and the Prisoner But you that are now his Council by Law ought to take care that he lose no Advantage Cl. of Ar. William Strode Cranburne I have nothing to say against him he was Sworn Cl. of Ar. Daniel Byfield He did not appear Benjamin Noble He did not appear Thomas White Cranburne I do not Except against him he was sworn Cl. of Ar. Cryer Countez John Caine. Cryer One c. Cl. of Ar. Thomas White Cryer Twelve good Men and true stand together and hear your Evidence The Names of the Twelve Sworn were these John Caine Esq Jur. Robert Bredon Esq Jur. John Billers Esq Jur. Richard Bourn Esq Jur. Nicholas Roberts Gent. Jur. Andrew Cook Gent. Jur. Thomas Evans Gent. Jur. Thomas Ramage Gent. Jur. Philip Wightman Gent. Jur. John Wyborn Gent. Jur. William Strode Gent. Jur. and Thomas White Gent. Jur. Cl. of Ar. Cryer make Proclamation Cryer Oyez If any one can inform my Lords the King's Justices of Oyer and Terminer the King's Serjeant or the King's Attorney General before this Inquest be taken of the High-Treason whereof the Prisoner at the Bar stands indicted let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And al 's others that are bound by Recognizance to give Evidence against the Prisoner at the Bar let them come forth and give their Evidence or else they forfeit their Recognizance L. C. J. Holt. Mr. Attorney Do you think we shall be able to try the other to Night Mr. At. Gen. That is according as this holds my Lord. L. C. J. Holt. I speak it for the Ease of the Jury that they might be dispatch'd and not attend another Day Mr. At. Gen. I doubt we cannot try any more than this to Night L. C. J. Holt. Well it is no great Matter it will be but a Morning Work it may be too great a Stress and a Hurry to do any more to Night and therefore we will discharge the Jury for to Night those of them that are not sworn but we will be here to Morrow-Morning by seven a Clock and therefore pray Gentlemen attend early Cl. of Ar. Charles Cranburne Hold up thy Hand which he did You that are sworn look upon the Prisoner and hearken to his Cause He stands indicted by the Name of Charles Cranburne late of the Parish of St. Paul Covent-Garden in the County of Middlesex Yeoman for that he with Christopher Knightly late of the same Parish and County Gentleman Robert Lowick late of the same Parish and County Gentleman and Ambrose Rookwood late of the same Parish and County Gentleman the Fear of God in their Hearts not having nor weighing the Duty of their Allegiance but being mov'd and seduc'd by the Instigation of the Devil against the most Serene most Illustrious most Clement 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. their supreme true rightful lawful and undoubted Lord the Cordial Love and the true and due Obedience Fidelity and Allegiance which every faithful Subject of our said Lord the King that now is towards him our said Lord the King shou'd bear and of Right ought to bear withdrawing and wholly to extinguish intending and contriving and with all their Strength purposing designing and conspiring 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 as also our said Lord the King to Death and final Destruction to put and bring and his faithful Subjects and the Freemen of this Kingdom of England into intolerable and most miserable Slavery to Lewis the French King to subjugate and enthral the 10th day of Feb. in the 7th year of the Reign of our said Lord the King that now is and divers other days and times as well before as after at the Parish of St. Paul Covent-Garden aforesaid in the County aforesaid Falsly Maliciously Devilishly and Trayterously did compass imagine and contrive purpose design and intend our said Lord the King that now is to slay kill and murder and a miserable Slaughter among the faithful Subjects of him our said Lord the King throughout this whole Kingdom of England to make and cause and their said most Wicked Impious and Devilish Treasons and Trayterous Compassings Contrivances and Purposes aforesaid to fulfil perfect and bring to effect they the said Christopher Knightley Robert Lowick Ambrose Rookwood and Charles Cranburne and very many other
June the 8th 1696. I Do appoint Samuel Heyrick and Isaac Cleave to Print the Tryals of Charles Cranburne and Robert Lowick and that no other person presume to Print the same I. Holt. THe Tryals of Charnock King and Keys as likewise of Sir John Friend and Sir William Parkyns and Ambrose Rookwood are all Printed and Sold by Samuel Heyrick and Isaac Cleave 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 LONDON Printed for Samuel Heyrick at Grays-Inn-Gate in Holbourn and Isaac Cleave at the Star next to Sergeants-Inn in Chancery-lane M. DC XCVI Die Martis Vicesimo primo Die Aprilis Anno Domini 1696. Annoque Regni Regis Gulielmi Tertii Octavo At the Session of Oyer and Terminer for the County of Middlesex Sitting in the Court of King's-Bench at Westminster AFTER the Tryal of Ambrose Rookwood was over while the Jury were withdrawn to Consider of their Verdict the Court proceeded in this manner L. C. J. Holt. Mr. Attorney Who will you have tryed next Mr. Att. Gen. Cranburne if your Lordship pleases Cl. of Arr. Then Keeper of Newgate set Charles Cranburne to the Bar. L. C. J Holt. You Gentlemen that are of Council for the Prisoner if you have any thing to move for your Clyent you may move it but first let the Prisoner be here Then Charles Cranburne was brought to the Bar in Irons L. C. J. Holt. Look you Keeper You should take off the Prisoners Irons when they are at the Bar for they should stand at their ease when they are Tryed Keeper My Lord We have no Instruments here to do it just now Cl. of Arr. You may send to the Gate-House and borrow Instruments Mr. J. Powel It should be done indeed they ought to plead at ease L. C. J. Holt. Well go on Sir Bartholomew Shower Mr. Att. Gen. My Lord before Sir Bartholomew Shower enter upon his Exceptions unless those Exceptions of his are some of the particulars mention'd in this Act he must not do it now after Plea pleaded before the Tryal but he must do it in Arrest of Judgment L. C. J. Treby It is true Regularly but let him use his own Judgment L. C. J. Holt. It is very true the course has not been to allow them to move to Quash an Indictment for Treason or Felony but it may be done Mr. Att. Gen. Sure it must be only for such things as they cannot take advantage of in Arrest of Judgment after the Verdict L. C. J. Holt. It has not been the course but it may be done Mr. Att. Gen. Not where there is an Issue join'd and a Jury return'd to Try that Issue I believe that never was done nor attempted L. C. J. Treby If there were any prejudice to the King by it it were not fit for us to alter the course but let us hear what his Exceptions are Sir B. Shower I have several Exceptions Five at least one of them is within the very words of the Act that is improper Latin I am sure some of it is so L. C. J. Holt. Well let 's hear what that is Sir B Showers It says Anno Regni dicti Domini Regis nunc Septimo and Lewis is the last King mention'd before and so here is no year of the King of England mention'd It is a certain Rule that Relatives must refer to the last Antecedent and that Rule holds always unlâ—ss there be words that accompany the Relative which undeniably shew to what it refers L. C. J. Holt. Ay but do we call the French King Dominus Rex L. C. J. Treby He would have been so if he had succeeded in his Invasion and this Assâ—ssination Sir B. Shower In every Indictment if there be occasion to mention a former King it is always nuper Rex and such a one naming the name of the King where the present King's name does intervene to prevent Confusion and so in Civil Actions it is the same and so it should have been here L. C. J. Holt. Ay but I tell you it is Dominus Rex nunc which is Our King Mr. Phipps It is not said Angliae L. C. J. Holt. But whereever it is Dominus Rex we understand it of the King of England and no body else Read the Indictment Cl. of Arr. Necnon eundem Dominum Regem ad Mortem finalem Destructionem ponere adducere ac subditos suos fideles Liberos Homines Hujus Regni Angliae in servitutem intolerabilem miserrimam Ludovico Regi Gallico subjugare Mancipare Decimo Die Februarij Anno Regni Dicti Domini Regis nunc Septimo Diversis aliis Diebus c. L. C. J. Holt. Can any man imagine this to be the French King Sir B. Shower My Lord Your Lordship is not to imagine one way or other Mr. Cowper In the strictest Sense and Grammar in the World it must mean King William and no other We do not need any imagination when in the strictest Construction it is plain who it refers to Sir B. Shower I am sure no Grammar can make it good nothing but a supposition can help it Mr. Cowper When it is said Dictus Dominus Rex if Sir Bartholomew Shower can find out another Dominus Rex in the Indictment then he may make something of his Objection but the Dominus is only apply'd to our own King throughout L. C. J. Treby Besides as to the Rule that Sir Bartholomew Shower mentions it is that ad proximum Antecedens fiat Relatio nisi impediat Sententia That 's the Restriction of the Rule it must relate to the next Antecedent unless the sense would be prejudiced but here if this Construction should be it would make this Clause to be no better than nonsense viz. That the Subjects and Freemen of this Realm were to be brought into intolerable Slavery to Lewis the French King such a Day in the Seventh year of the Reign of our Lord the French King Sir B. Shower We say it is little better then Nonsense I am sure it is loose and uncertain and not Grammar but carries a new Form with it L. C. J. Holt. No It is as well as it can be Sir B. Shower Then My Lord there is another Exception it is said Diversis Diebus Vicibus tam antea quam postea and then afterwards it says postea scilicet eodem Decimo Die Februarij that is repugnant it is as much as
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 Hâ—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
see and observe the Conveniency and Fitness of the same place for such lying in Wait Assassination and Killing there to be done perpetrated and committed and that place being so viewed and observed afterwards to wit the same day and year his Observations thereof to several of the said Traitors and Conspirators did relate and impart to wit at the Parish aforesaid in the County aforesaid and the aforesaid Charles Cranburn the same Day and Year there in order the same execrable horrid and detestable Assassination and Killing of our said Lord the King by the Traitors and Conspirators aforesaid the more readily and boldly to execute perpetrate and commit advisedly knowingly and traiterously did bear and carry among divers of those Traitors and Conspirators forwards and backwards from some to others of them a List of the Names of divers men of those who were design'd and appointed our said Lord the King so as aforesaid by lying in Wait to kill and murder against the Duty of the Allegiance of them the said Christopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn and against the Peace of our said Soveraign Lord the King 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 hath pleaded Not Guilty and for his Trial hath put himself upon God and the 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 to your Knowledge If you find him Not Guilty you are to inquire whether he fled for it if you find he fled for it you are to inquire of his Goods and Chattels as as if you had found him Guilty if you find him Not Guilty and that he did not fly for it you are to say so and no more and hear your Evidence Mr. Mountague May it please your Lordship and you Gentlemen of the Jury this is an Indictment of High Treason against Robert Lowick Prisoner at the Bar and the Indictment does charge him with compassing and imagining the Death of the King and endeavouring to subvert the Government and inslave this Kingdom of England and bring it under French Tyranny and Slavery and the Indictment sets forth that Robert Lowick the Prisoner at the Bar the Tenth of February met several false Traitors and there consulted and treated how to assassinate his Majesty and agreed that 40 Horsemen to get together some to attack the Guards while others were to assassinate the King in his Coach and the Indictment charges him likewise with getting together Horses and Arms for this purpose to this he hath pleaded Not Guilty We will call our Evidence and prove the Fact against him and we do not doubt but you will do your Duty Mr. Attorn Gen. May it please your Lordship and you Gentlemen that are sworn this is an Indictment of High Treason in conspiring and compassing the Death and Destruction of the King the nature of our Evidence against the Prisoner at the Bar. You will hear Gentlemen by the Witnesses that about Christmas last a Conspiracy and Design was set on foot to assassinate the King and accordingly to accomplish it there were several persons sent over from France by the late King James who were part of his Guards and particularly Sir George Barclay was to be the Head of them he was a Lieutenant of the Guards there and he was sent over in January last and there were a great many Troopers sent over who were to be under his Direction particularly Mr. Harris who will give you an account that he was sent over by order of King James and he was told particularly King James had a Service for him to do in England and he hop'd it might be an opportunity to advance him He was to observe the Orders of Sir George Barclay and by what Token he should know him he was to meet him in Covent Garden and he was told he might find him there twice a week in the Square about six a Clock after it was dark and that he might know him he told him he would have his White Handerchief hanging out of his Pocket accordingly Mr. Harris came over and Mr. Hare came with him and they came and did meet with Sir George Barclay and they together with Sir George Barclay and several others here in England Mr. Porter Mr. Charnock and Sir William Parkyns did enter into Consultation how to effect it there were several Meetings about it and you will find the Prisoner at the Bar was at several Meetings to that purpose and they did undertake among them to provide so many Men as might make about the Number of 40 which they thought sufficient for the execuion of this Design Gentlemen you will hear that the Prisoner at the Bar did treat with several persons to be ingaged in it particularly about the 5th of February he sent to one Bertram and askt him if he would be ingaged in a Design for King James's Service that was quickly to be executed without asking of Questions and afterwards I think he undertook he would so about the 14th February he met him again and that was the day before the first time they intended to attack the King and then being so near the time when it was to be executed he thought it proper to acquaint him with the thing he had ingag'd him in and he did acquaint him that the next morning they were to be ready to attack the King and his Guards and bid him be sure to get his Boots and other things ready for that purpose and he gave him a Guinea in order to it Bertram it seems on the 15th of February did not come and the King it seems did not go abroad that day so they were disappointed at that time but the Sunday after Bertram met him and Mr. Lowick complained that he had not come upon the Saturday according as he had undertaken and he told him it would have been the same thing he would have disappointed them if the King had been in the Field Gentlemen you shall find that as he thus engaged Mr. Bertram so he was to provide several others and he did declare that at his own Charge he had got 2 or 3 he complained of it as a Hardship put upon him that whereas Mr. Harris had 6 s. a day Subsistance and was only to take care of himself he Mr. Lowick had at his own Charges ingaged and provided several You will find Gentlemen that Mr. Rookwood who was tried Yesterday had several Meetings about it with Mr. Lowick and Mr. Harris they did think it to be a barbarous thing but however they were resolved to obey Orders and the Prisoner in particular said he wou'd
a Design by the Proof of Bertram as well as of Harris then there are two Witnesses which is as much as the Law requires But indeed the Council have called several Witnesses to prove that the Prisoner has lived very peaceably and quietly one Woman says she has known him Twelve Years and that he lodged at her House and that he was a Man of great Temper and Candor and not disorderly but had a general good Esteem and Character And then there is another Mrs. Mosely that proves the like and says she has known him these Twenty Years and she says no Man has a better Character And Mr. Bertram hath said that he was not of a rash or bloody Temper Now Gentlemen I must leave it to you upon the Evidence that you have heard there are these Witnesses that have been produced and there are these Circumstances that appear in the Case if you are satisfied upon this Evidence that has been given that the Prisoner Mr. Lowick did consent to and engage himself in that Design of assassinating the King then you are to find him guilty if you are not satisfied you are to find him not guilty you have heard your Evidence and had best consider of it Then an Officer was sworn to keep the Jury who withdrew and staid out about half an hour and then returned Cl. of Arr. Gentlemen of the Jury answer to your Names George Ford. Mr. Ford. Here c. And so of the rest Cl. of Arr. Are you all agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Foreman Cl. of Arr. Robert Lowick 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 my Lord. 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 we do not find any Cl. of Arr. Then hearken to your Verdict as the Court hath recorded it You say that Robert Lowick is guilty of the High-Treason whereof he stands indicted but that he had no Goods 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 L. C. J. Holt. Discharge the Jury Cl. of Arr. Gentlemen of the Jury the Court discharges you and thanks you for your service L. C. J. Holt. Mr. Attorny Will you have the Prisoners set to the Bar Mr. Attor Yes if your Lordship please Then the Keeper of Newgate brought Rookwood and Cranburn and all three were set to the Bar. Mr. Att. Gen. If your Lordship please to give Judgment against the Prisoners that are convicted L. C. J. Holt. Ask them what they have to say for themselves in arrest of Judgment Cl. of Arr. Robert Lowick hold up thy Hand you stand convicted of High-Treason in conspiring the Death of the King by Assassination what can you say for your self why the Court should not give Judgment against you to die according to Law Then the Keeper bid him kneel L. C. J. Holt. No no he need not kneel if you have any thing to say Mr. Lowick we will hear you Lowick I throw my self upon the Kings Mercy Cl. of Arr. Ambrose Rookwood hold up thy hand which he did you stand convicted of the same High-Treason for conspiring the Death of the King by Assassination what can you say for your self why the Court should not give you Judgment to die according to the Law Rookwood All that can be said has been said already and so I shall say no more Cl. of Arr. Charles Cranburn hold up thy Hand thou standest convicted of High-Treason in conspiring the Death of the King by Assassination what canst thou say for thy self why the Court should not give the Judgment to die according to Law Cranburn I have nothing to say but what I have said already Cl. of Arr. Then Cryer make Proclamation Cryer O yes all manner of Persons are commanded to keep silence while Judgment is in giving upon pain of Imprisonment L. Ch. J. Holt. You the Prisoners at the Bar Robert Lowick Ambrose Rookwood and Charles Cranburn you have been indicted and upon full and clear Evidence have been convicted of High-Treason a Treason that was advanc'd to the highest degree both of Malice and Mischief against the King and Kingdom you design'd to assassinate the King with an intent to subvert the State and by the introducing of a foreign Power to destroy the antient Liberty and Constitution of England Our French and Popish Enemies by whom you were imployed in this bloody Enterprise did very well know that the Wisdom and Courage of his present Majesty has rescued this Kingdom from that Slavery and Oppression which they often threatened to bring upon us they knew that under his Government we have been protected in the enjoyment of our Religion Laws and Liberty for several Years and that his Majesty is the Head of the Protestant Interest and the Protector and Preserver of the Liberty of Europe and that upon the Preservation of his Life and the Safety of his Person the Good and Happiness of multitudes of People do depend which the French King's Pride and Ambition has been ready to take hold of any opportunity to enslave and oppress Your being engaged in such a horrid Design against so precious a Life and to be the bloody Instruments to give that dismal Stroke which would have brought Mistry and Desolation upon so many Men renders you worthy to undergo a greater and more severe Punishment than by the Law of England can be inflicted but that there is no greater provided for such Criminals is to be imputed to the antient Honesty and Integrity of English Men who when they fram'd this Constitution of Government never imagin'd England should produce such degenerate Wretches as would endeavour by Plots and Contrivances to betray their Country to a foreign Yoak and subject themselves and their Fellow-Subjects to the slavish Dominion of Strangers Your Crime being so great it is now high time for you seriously to reflect upon it and tho you deserve to suffer the greatest of Punishments yet I have that Compassion for your Persons that I wish heartily you would make use of that Opportunity which is now put into your Hands to repent And since you are adjudg'd by the Law unworthy to live here that you will make preparation to appear at another Tribunal where you must have another Tryal and without an hearty and sincere Repentance receive a more severe Sentence I hope this Calamity and the Judgment that is to fall upon you will be an Admonition to you to take better advice in the last part of your time which is left you than you have done in the whole course of your Lives and that you will be wiser than to follow the Direction of those Guides whose