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

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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
false Traytors 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 falsely malitiously advisedly secretly traiterously and with Force and Arms did meet propose treat consult consent and agree him our said Lord the King that now is by lying in wait and wile 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 they the said Christopher Knightley Robert Lowick Ambrose Rookwood and Charles Cranburne should be four and every one of them trayterously took upon himself to be one with Guns Muskets and Pistols charged with Gun-powder and Leaden-Bullets and with Swords Rapiers and other Weapons armed should lie in wait and be in ambush our said 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 arm'd upon the Guards of our said Lord the King then attending him and being with him should set upon and them should fight with and overcome whilst others of the same Men so armed him our said Lord the King should Assassinate Slay Kill and Murder And they the said Christopher Knightley Robert Lowick Ambrose Rookwood and Charles Cranburne the Treasons and all their treasonable Intentions Purposes and Contrivances aforesaid to execute perform fulfil and bring to effect Afterwards to wit the aforesaid Tenth Day of February in the Seventh Year abovesaid at the Parish aforesaid in the County aforesaid divers Horses and very many Arms Guns Pistols Swords and Rapiers and other Weapons Ammunition and Warlike things and Military Instruments falsely malitiously secretly and traiterously did obtain buy gather together and procure and to be bought obtain'd gather'd together and procur'd did cause with that intent them in and about the detestable horrid and execrable Assassination Killing and Murder of our said Lord the King that now is as aforesaid to be us'd imploy'd and bestow'd And the same Premisses the more safely and certainly to execute do and perpetrate the aforesaid Christopher Knightley with one Edward King late 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 Traytors and Conspirators aforesaid the aforesaid Tenth Day of February in the Seventh Year abovesaid trayterously did go and came unto 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 see and observe the conveniency and fitness of the same place for such lying in Wair Assassination and Killing there to be done perpetrated and committed and that place so being seen and observed Afterwards to wit the same Day and Year his Observations thereof to several of the said Traytors and Conspirators did relate and impart to wit at the Parish aforesaid in the County aforesaid and the said Charles Cranburne 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 Traytors and Conspirators aforesaid the more readily and boldly to execute perpetrate and commit advisedly knowingly and trayterously did bear and carry among divers of those Traytors and Conspirators forward and backward from some to others of them a List of the Names of divers Men of them who were designed and appointed our said Lord the King so as aforesaid by lying in wait to Kill and Murder against the Duty of his Allegiance and against the Peace of our said Sovereign Lord the King that now is his Crown and Dignity and against the Form of the Statute in that Case made and provided Upon this Indictment he hath been arraigned and thereunto hath pleaded Not guilty and for his Tryal hath put himself upon God and the Countrey which Countrey 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 enquire 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 find 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. Montague May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High-Treason that is found against four Persons but the particular Treason against the Prisoner at the Bar is for compassing and imagining the Death of the King and endeavouring to subvert the Government and enslave the Nation to Lewis the French King And the Indictment sets forth that the Prisoner at the Bar did for this purpose meet and consult with several false Traytors to the King and Government of the way manner and means how and the time and place when and where to Assassinate the King and at length they agreed that forty Horsemen should go together and set upon the King in his Coach as he returned from Hunting some to attack the Coach while others set upon the Guards The Indictment does further charge him with getting Horses and Arms and particularly with carrying a List of the Assassinators from one to another These are the particular things charged in the Indictment and to this Indictment he has pleaded Not guilty if we prove the Fact Gentlemen we don't doubt your Justice Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar Charles Cranburne is indicted for High-Treason in compassing and imagining the Death of the King Gentlemen the Overt Acts laid in the Indictment to prove the Prisoner guilty are That he was at several Meetings and Consultations about the manner of putting this Design in Execution at which Meetings it was agreed That there should be about forty Horsemen in Number prepare'd and arm'd for that purpose and they did provide Horses and Arms for that very thing and did agree to put it in execution Gentlemen the Evidence that you will hear produc'd against the Prisoner at the Bar will be of this Nature You will hear from the Witnesses that about Christmas last or
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
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
upon the Evidence you have heard or you think there is any Inconsistency or Incoherence in the Testimony on the one side and the other and that there is good Reason to disbelieve the Evidence against the Prisoner Then you are to acquit him You have heard your Evidence and you had best consider of it Cl. of the Crown Who keeps the Jury Crier there is an Officer Sworn Then the Jury withdrew to consider of their Verdict and about a quarter of an Hour after Returned Cl of Ar. Gentlemen answer to your Names John Kaine Mr. Kaine Here. And so of the Rest Cl. of Ar. Are you all agreed of your Verdict Jury Yes Cl. of Ar. Who shall say for you Jury Foreman Cl. of Ar. Charles Cranburn hold up thy Hand which he did look upon the Prisoner how say you is he Guilty of the High-Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl of Ar. What Goods or Chattles Lands or Tenements had he at the time of the Treason Committed or at any time since Foreman None to our Knowledge Cl. of Ar. Then hearken to your Verdict as the Court has Recorded it You say that Charles Cranburn is Guilty of the High-Treason whereof he stands Indicted but that he had no Goods Chattles Lands or Tenements at the time of the High-Treason committed or at any time since to your Knowledge and so you say all Jury Yes Mr. Kaine My Lord the Jury humbly desires they may be discharged from their attendance to Morrow L. C. J. Holt. We cannot do it unless the Jury be full without them If you come early we shall dispatch you presently Then the Prisoner was taken from the Bar and the Court adjourned till Seven a Clock the next Morning FINIS THE Arraignment Tryal and Condemnation OF Robert Lowick For the Horrid and Execrable CONSPIRACY To Assassinate His Sacred Majesty KING WILLIAM In Order to a French INVASION of the Kingdom Who upon full Evidence was found Guilty of High Treason before His Majesty's Justices of Oyer and Terminer at Westminster on Wednesday the 22th of April 1696 and was Executed at Tyburn on the 29th day of the said Month. In which Tryal All the Learned Arguments of the King's Council and likewise the Council for the Prisoner upon the New Act of Parliament for Regulating Tryals in Cases of Treason LONDON Printed for Samuel Heyrick at Grays-Inn-Gate Holbourn and Isaac Cleave at the Star next Serjeants-Inn-Gate in Chancery-Lane M DC XC VI. Die Mercurii Vicesimo Secundo Die Aprilis Anno Domini 1696. Annoque Regni Regis GULIELMI III. OCTAVO THIS Day the Justices of Oyer and Terminer holden for the County of Middlesex adjourned over to Seven this Morning met and the Court was Resum'd by Proclamation in usual Form Clerk of the Arraignments Keeper of Newgate set Robert Lowick to the Bar which was done You the Prisoner at the Bar Robert Lowick those Men that you shall hear called and personally appear are to pass between our Sovereign Lord the King and You upon Tryal of your Life and Death if therefore you will Challenge them or any of them your time is to speak unto them as they come to the Book to be Sworn and before they be Sworn Mr. Mompesson If your Lordship pleases to favour me with one Word for the Prisonor at the Bar I shall not trouble your Lordship with any thing that was urged by the Gentlemen that were of Council Yesterday but I shall Rely upon something that has not yet been spoken to My Lord they have not laid any Time or Place where the Consent or Agreement was for the Forty Men that were to set upon the King and his Guards There is a Time laid before where they met and discoursed of the Ways and Means how to Assassinate and Kill the King but when it comes to the Assencerant Concesserunt Aggreaverunt with Submission this being another Act there ought to be another Time and Place laid and for that I shall Cite your Lordship two or three Cases for Men may meet and Propose and Discourse and Consult of such Things though they be very Ill Things and yet that may not be Treason It 's the Agreement that is the Treason and so 't was held in Captain Blagues Case about Taking the Tower They may meet at one Time and Place and at another Time and Place they may agree in Dyer 68. B. and 69 Pl. 28. a Man was Indicted for Murder that he at such a Place in and upon the Person that was Murdered in Sultumferit ipsum the Person that was Murdered cum Quodam Curtello of such a Price percussit and he does not shew the place where he struck him nor had the Indictment the Words ad tunc Ibidem and therefore the Court held it void So it is likewise Ruled in Goodrick's Case H●ll 35. 119. and therefore in Indictments for Murder since they generally set forth not only the Time and Place of the Assault but likewise of the Blow so likewise in things of a more inferiour Nature as Rescues Returned by the Sheriff that the Capias was served but does not shew where the Rescue was or though he shews where the Arrest was and an Coupled the Rescue to it yet it was adjudged and Ill Return Dyer 69. Pl. 29. 10 Edw. 4. 15 Fitz. Ret. Vic. 32 Bro. Ret. Det. Bre. 97. and Errour 194. Palm 563. And in Noy 114. there are these Words Note It was Moved in Discharge of a Rescue the Return was that they viz. A. B. aforesaid the Bayliffs ad Tunc Ibidem Vulneraverunt c. And the aforesaid George c. Rescuserunt without ad tunc Ibidem Referred only to the Vulneraverunt and not to the Rescuserunt and therefore the Return was adjudged Insufficient for my Lord although in Conveyances a Clause or Word in the beginning or end may Refer to the whole yet in Indictments every Sentence must be Certain Plain and Express and have its own Time and Place Therefore in Noy's Rep. 122. Raymond was Indicted for stopping a Cross Way leading from a certain Ville called Stoake into a Ville called Melton in the County of Dorset and the Indictment was Quasht because in the County of Dorset shall refer only to Melton and not to both So an Indictment of Forceable Entry into a Messuage existent Liberum Tenementum of J. S. is not good for want of the Word ad Tunc though the Participle existens does strongly Imply that it was his House at that time 3 Cro. 754. Het 73 Noy 131. Palm 426. Bridg. 68. 2 Cro. 214 610. Sid. 102. Lat. 109 c. and my Lord Coke tells us in Calvin's Case 5. B. That Indictments of Treason of all others are the most Curiously and Certainly Indicted and Penn'd and all those that I have seen and observed have Contained more Certainty than the Indictment now before your Lordship in Reginald Tuckers Case The Indictment was