you a Question Were you in the Room at any time after Dinner Cock Yes I was Sir Mr. Conyers Pray Sir how many times after Dinner were you there Cock I believe half a dozen times Mr. Sol. Gen. And yet you do confess that Mr. Goodman might come in after Dinner before my Lord of Aylesbury went and you not see him Sir B. Shower Ay but he could not stay there without his seeing him if he was so often in the Room you don't take Mr. Cock's Evidence right Mr. Att. Gen. You named Eight Persons that Dined at your House Did you know them all personally before that day Cock Yes my Lord the most of them at least Mr. Att. Gen. Did they use to meet at your House Cock Commonly Sir John Friend did once a Week Mr. Chernock I knew when I was a Drawer and so I did Sir William Parkyns The rest knew by hearing their Names Mr. Att. Gen. Did you know them before that Day Sir I ask you Cock I had seen Captain Porter several times before that Day but I cannot say at my own House Sir B. Shower Do you remember the Treaty about the Hogshead of White-wine Cock Yes Sir very well Sir B. Shower Were you by when my Lord of Aylesbury went away and spoke with him about it Cock Yes I was and told him I hoped he would buy the Wine still Sir B. Shower Can you be positive that any body was there before my Lord of Aylesbury went away that cou'd stay there any time and did not Dine there Cock I believe not Sir for I came in half a dozen times after Dinner and I believe if I had heard Mr. Goodman's Name or seen him there I shou'd have remembred it but I did not see any body but those that Dined there Mr. Cowper Where was you when my Lord of Aylesbury went away Where did you meet him going away Cock Upon the Stairs seeing my Lord of Aylesbury and my Lord Montgomery coming down I met them Mr. Cowper Where did you meet them At the middle or the top of the Stairs Cock My Lord of Aylesbury was at the top of the Stairs Mr. Cowper Did you meet him just coming out of the Room Cock Yes Sir I saw the Coach that was called for my Lord and so I went up Stairs and met my Lord at the top of the Stairs coming down Mr. Sol. Gen. Now how can you be positive who was in the Room when he came out of the Room Cock I went up into the Room after my Lord of Aylesbury went away Mr. Sol. Gen. How long after my Lord of Aylesbury went away Cock It was presently after Mr. Sol. Gen. How long before my Lord of Aylesbury went away had you been in the Room Cock I had been there just before Mr. Serj. Darnall Call Thomas Peachy Who appeared and was Sworn Sir B. Shower My Lord we shall prove that after the Plot broke out and after Mr. Porter had made his Discovery there was no disturbance of Mr. Cook 'till a good while after Chernock's Trial and Mr. Cook was so far from being sensible or conscious of any guilt that he never absconded but continued for three weeks in his Father's House where he was taken by a Messenger Pray Mr. Peachy will you tell my Lord and the Jury where Mr. Cook was taken and when and by whom Peachy He was taken at his Father's House by a Messenger about seven a Clock in the morning Sir B. Shower What day of the Week was it he was taken Peachy Upon a Sunday morning in his own Room in his Father's House at seven a Clock in the morning Sir B. Shower Did People come to him as they used to do Peachy Yes and he went frequently abroad as he used to do and did never abscond from his Father's House Mr. Serj. Darnall Pray Swear Mr. Treganna Which was done Sir B. Shower Mr. Treganna pray do you remember how long after the Plot broke out did you see Mr. Cook Treganna After Mr. Chernock's Trial a Week he was at my Chamber after the Plot broke out he was concerned in a Trial at Winchester Assizes upon an Issue out of Chancery Mr. Nicholls was the Clerk in Court and went down to manage it at the Assizes and Mr. Cook came to me a day or two after Winchester Assizes was over and ask'd me if I had any news from the Assizes This was long after the Plot broke out and I remember particularly that I saw him twice after the Plot was discovered at my Chamber Sir B. Shower Swear Mr. Nicholls Which was done Sir pray will you tell my Lord and the Jury what you know of Mr. Cook 's appearing abroad after the Plot was discovered Mr. Nicholls I was sent down to the Trial I was present and did attend at two Trials indeed and I suppose Mr. Baron Powis may remember that I attended at two Trials at Winchester Assizes Mr. B. Powis Possibly you might Sir I can't tell all the Attendance at the Assizes Mr. Nicholls And after my return from Winchester Assizes Mr. Cook was with me several days both at my Office and Chamber and at his Father's Office and I remember particularly that he threatned me that I was in trouble when I was at Winchester and therefore I remember it very well Sir B. Shower Mr. Nicholls you know Mr. Cook very well pray what are his Morals Mr. Nicholls Upon occasion of the Cause in Chancery that went to Trial I have had the knowledge of Mr. Cook five or six years I always believed him to be as temperate a man as ever I met with I think in five years time I was not above once with him in a Tavern Sir B. Shower Did you ever hear him Swear Mr. Nicholls No never nor vent a Curse I believe he drank as little as any man and was as godly a man I never heard him speak a foul word Sir B. Shower How do you know that Sir that he was so godly a man Mr. Nicholls Upon occasion of this Cause I was several times at Sir Miles Cook 's and at Mr. Cook 's Lodgings there and we were to go about Business and after he was drest he has made me stay while he went into his Closet and said his Prayers And he told me further that he never went out of his Father's doors without saying his Prayers and I was forc'd to stay at the door while he perform'd his Devotions as he told me and I believe he did Mr. Serj. Darnall Now my Lord we will call some other Witnesses to prove his good affection to his Country how he continually desired success to the Fleet and to the Army Sir B. Shower So that really he had an aversion to it Swear Mr. Hamond Which was done Mr. Serj. Darnall Pray Sir will you give an account what you know of the Prisoner concerning his Judgment and concerning his Morals Hamond I have been for some time acquainted with Mr. Cook
Cl. of Arr. John Cullum Cook Sir Are you a Freeholder in London Mr. Cullum Yes Sir Cook I challenge you Cl. of Arr. John Cox Mr. Cox My Lord I am no Freeholder in London Cl. of Arr. John Hedges Cook Hold I pray Sir let me look upon my Paper Sir Are you a Freeholder in London Mr. Hedges Yes Sir I am Cook I challenge you Cl. of Arr. Thomas James Mr. James My Lord my name is not Thomas Mr. Sh. Buckingham He is returned it seems by a wrong name we did not know it Mr. Serj. Darnall Then you cannot swear him Cl. of Arr. Thomas Poole Cook Are you a Freeholder in London Sir Mr. Poole Yes Sir Cook I challenge him as being of Sir John Friend's Jury Mr. Att. Gen. That has been over-ruled already Cook I challenge him Cl. of Arr. Peter Parker Cook Are you a Freeholder in London Mr. Parker Yes Sir I am Cook I challenge you Sir as being one of Sir John Friend's Jury Mr. Baker Nay you can't offer it again Cook I challenge him Cl. of Arr. George Grove Cook Where is he Are you a Freeholder in London Sir Mr. Grove Yes Sir Cook I challenge you Cl. of Arr. Nathanael Wyersdell Cook Are you a Freeholder in London Mr. Wyersdell Yes Sir I am Cook I challenge you Sir Cl. of Arr. Samuel Blewit Cook Hold pray Are you a Freeholder Sir Mr. Blewit Yes I am Cook I challenge him Cl. of Arr. John Wolfe Cook I challenge him Cl. of Arr. Joseph Wolfe He did not appear and was said to be no Freeholder Cl. of Arr. William Smith Cook Are you a Freeholder Sir Mr. Smith Yes I am Cook Sir I challenge you Cl. of Arr. Edward Fenwick Cook Are you a Freeholder Sir Mr. Fenwick Yes Sir I am Cook I do not challenge him Cl. of Arr. Then swear Mr. Fenwick Which was done Benjamin Hooper Cook Stay Sir pray stay a little where is he Cl. of Arr. There he is Sir Cook Which is the Gentleman Are you a Freeholder in London Sir Mr. Hooper Yes Sir Cook I challenge you Mr. Hooper I thank you Sir Cl. of Arr. Nathanael Long. Cook Are you a Freeholder Sir Mr. Long. Yes Sir Cook I challenge him as being of Sir John Friend's Jury Cl. of Arr. The Court has adjudged that no cause of Challenge therefore I take no notice of it but as a peremptory Challenge Cl. of Arr. Richard Chiswell Cook Are you a Freeholder in London Sir Mr. Chiswell Yes Sir Cook I challenge you Cl. of Arr. John Child Cook Hold pray a moment I have not crost these last in my Paper but I challenge this man being of Sir John Friend's Jury Mr. Baker You have had that answer'd over and over again as no objection it is nothing but a peremptory challenge Cl. of Arr. William Walker Mr. Walker I was one of Sir John Friend's Jury Cook I challenge him for the same Reason Mr. Att. Gen. But that is no Reason at all Cook Then I challenge him Cl. of Arr. John Wells Cook Sir Are you a Freeholder Mr. Wells Yes Sir I am Cook Sir I challenge you Cl. of Arr. John Hibbert Cook Which is he Sir Cl. of Arr. He stands upon your left hand the Man in the Black Peruke Cook Are you a Freeholder Sir Mr. Hibbert Yes I am Sir Cook I challenge him Cl. of Arr. Daniel Wray Cook Stay Sir are you Mr. Wray Mr. Wray Yes Sir my Name is Wray Cook Are you a Freeholder in London Sir Mr. Wray Yes Sir Cook I challenge you Mr. Wray I thank you Sir Cl. of Arr. John Pettit Cook Which is he Mr. Pettit I am the man Sir Cook Are you a Freeholder in London Sir Mr. Pettit Yes Sir Cook I challenge you Cl. of Arr. John Sherbrook Cook I challenge him as being one of Sir John Friend's Jury Mr. Baker But you have heard that denied to be an Exception over and over Cook I challenge him Cl. of Arr. Stephen Blackwell Cook Are you a Freeholder Sir Mr. Blackwell Yes I am Cook I challenge you Cl. of Arr. William Hatch Cook Pray give me time to mark them pray who is this man you now call Cl. of Arr. William Hatch Cook Sir Are you a Freeholder Mr. Hatch Yes I am Cook Sir I challenge you Cl. of Arr. Henry Beadle Cook Are you a Freeholder Sir Mr. Beadle Yes I am Cook I do not except against him He was sworn Cl. of Arr. John Stredwick Mr. Stredwick My Lord as I apprehend I am no Freeholder L. C. J. Treby Why do you apprehend so Mr. Stredwick It is my Wife's Estate not mine Cl. of Arr. Then you Wife has a Freehold it seems Mr. Stredwick Yes she has L. C. J. Treby That is Freehold enough for you have an Estate for your Wife's Life Mr. Baker And after that too for it is not given over to any Body else and she won't give it from him Cook Sir are you a Freeholder in London or no Mr. Stredwick I apprehend Sir I am not Mr. Baker He says he has an Estate for his Wife's Life Cl. of Arr. Then he is a Freeholder What do you say to him Cook Are you positive you are a Freeholder in London upon your Word Mr. Stredwick I think not Mr. Baker Why your Wife's Estate is your's for your life Cook My Lord Chief Justice if your Lordship pleases here is a man that says positively he thinks he is not Freeholder I desire your Lordship's Judgment Whether he be a Freeholder or not L. C. J. Treby Why let him put his Case if he make a doubt of it Mr. Stredwick I am not possest of any Estate my self L. C. J. Treby But is not your Wife an Inheritrix Mr. Stredwick Yes my Lord she is L. C. J. Treby Then you are seized of a Freehold in her right and Mr. Cook your own Council will tell you and satisfy you that that is a Freehold sufficient for this service Mr. Baker His Wife's Father settled it upon her and her Heirs L. C. J. Treby No question it is a sufficient Freehold if the Wife be living Mr. Baker Yes she is Cook I challenge him Cl. of Arr. William Prince Cook I challenge him as being of Sir John Friends Jury Mr. Prince I thank you Sir Cl. of Arr. John Simmons Mr. Att. Gen. We challenge him for the King Cl. of Arr. Robert White Cook Are you a Freeeholder Sir Mr. White Yes I think so Cook Pray tell me whether you are or not Mr. White Indeed I think so Sir Cook I challenge him Cl. of Arr. Edward Brewster Cook Where is Mr. Brewster Are you a Freeholder Sir in London Mr. Brewster Yes Sir Cook I challenge him Pray Sir I desire to know how many I have challenged Mr. Baker You have challenged Thirty three Cook How many besides those that are of Sir John Friend's Jury Mr. Baker You have but Two more to challenge Sir Mr. Serj. Darnall I thought you had heard the Opinion of the
Court Mr. Cook that it will not hold as a cause of challenge that he was of Sir John Friena's Jury therefore those are all reckoned among the peremptory challenges and you can challenge but Two more in all L. C. J. Treby Not without cause but as many more as you can have good cause against Cl. of Arr. John Reynolds Cook I except not against him He was sworn Cl. of Arr. Joseph Brookbank Cook I have nothing to say to him He was sworn Cl. of Arr. Adam Bellamy Mr. Bellaney My Lord I am no Freeholder L. C. J. Treby Why what Estate have you Mr. Baker He has Estate enough I know for value Mr. Bellamy I have only a Lease L. C. J. Treby A Lease for years Mr. Bellamy Yes my Lord. Cl. of Arr. David Grill. Mr. Grill. I am no Freeholder my Lord. Cl. of Arr. William Rawlins Cook I accept of him He was sworn Cl. of Arr. Samuel Roycroft Cook Are you a Freeholder Sir Mr. Roycroft Yes Sir Cook I challenge him Cl. of Arr. Thomas Parker Cook How many have I to challenge do you say Cl. of Arr. But one Sir What say you to Mr. Parker Cook I do not except against him He was sworn Cl. of Arr. James Robinson Cook I have nothing to say to him He was sworn Cl. of Arr. Joseph Morewood Cook I challenge him Mr. Baker You have challenged all your number now Cl. of Arr. My Lord we have gone through the Pannel we must now call the Defaulters again Thomas Clark Mr. Clark Here. Sir B. Shower Was he here when he was called over Mr. Arr. Gen. That 's nothing he is here now Sir B. Shower But if there be a Default of the Jury and the King's Council have challenged any one they ought to shew their Cause therefore we desire that they may shew their Cause why they challeng'd Mr. Simmons L. C. J. Treby The King has power to Challenge without shewing Cause till the Pannel be gone through but if there be a Default of Jurors when the King challenges the King's Council must shew cause Sir B. Shower Here is a Default of Jurors my Lord. L. C. J. Trebr No body is Recorded absolutely a Defaulter if he comes in time enough to be sworn Cl. of Arr. Swear Mr. Clark Which was done L. C. J. Treby When there is an apparent default of Jurors then they must shew their Cause but here his appearance it seems was Recorded and so he was no Defaulter and you might have challenged him for Cause still Cl. of Arr. James Dry. Mr. Dry. My Name is not James Serj. Darnall Then you cannot swear him Here are three mistaken in their Names L. C. J. Treby That is in the Copy in your Brief Brother it may be Mr. Serj. Darnall No my Lord the Officers admit it Mr. Att. Gen. My Lord we desire those Gentlemen that say they are no Freeholders may be sworn to that matter Which was accordingly done And several of them that had staid did deny the having of any Freehold upon Oath and some were gone away L. C. J. Treby Pray take care to estreat the Issues and return greater Issues the next time Mr. J. Rokeby Truly the Court must put some great penalty upon them for trifling with the Court in respect of their Duty that they owe to the King and Country in regard of their Estates Cl. of Arr. Pray let the Officers be called who summoned this Jury Mr. Sheriff Which was done And they examined concerning their summoning those who made Default and the Issues of those who were recorded as Defaulters were ordered to be Estreated Then the Court not being able to proceed for want of a Jury they ordered another Pannel to be ready against Wednesday next to which time at Seven in the Morning the Court was by Proclamation adjourned Die Mercurii Decimo Tertio Maii Anno Dom. 1696. The Court being met according to the Adjournment the Pannel was called over and the Defaulters Recorded and several excused for Absence upon Sickness and being out of Town before the Summons Then Mr. Serjeant Darnall desired before the Jury was called to move something against the Pannel And made his Motion thus Mr. Serj. Darnall IF your Lordship pleases I have somewhat to offer to you before you go upon this new Pannel and I confess I think it is my Duty to the Court as well as to the Prisoner to state the Case as it is and submit it upon the reason of Law and the Authorities that I shall offer Whether the Proceedings upon this new Pannel will not be erroneous My Lord the Question is Whether as this Case is the Prisoner has had a Copy of the Pannel of his Jury by which he is to be tried according as the late Law requires he had a Copy of the former Pannel and upon that Pannel Nine were sworn and their Names all entred upon Record and made Parcel of the Record Thereof now the Question is Whether he can be tried upon a new Pannel We are in a Case that rarely happens and in a Case of Life and Death I know your Lordship will be careful not to vary from the ancient Practice or to make a new President because of the Consequences It must be agreed in this Case That the old Pannel upon which the Prisoner took his Challenges and of which Nine was sworn is Parcel of the Record Now my Lord to add a new Pannel upon which twelve more shall be sworn and all this appear upon Record and the Prisoner tried upon the last Pannel will not this be Error I offer this before the Jury be called and sworn because we desire to be fairly tried and we design to rest upon the Fact in this Case If it should appear That he is tried upon a Pannel that is unduly made and return'd that will be of evil Consequence one way or other And can this be duly made if another appear upon Record before it And can any body say it is quasht or abated Or can it be so My Lord in Stamford's Pleas of the Crown p. 155. it is said If any of the Pannel dye after the Return and before their Appearance so that there are not enough left to make the Jury yet the Pannel shall not be quasht nor is it â—bated but it is Cause to grant a Tales And certainly my Lord it is a stronger Case when by reason of Challenges which the Law gives the Prisoner liberty to make there are not enough left that there shall not be a new Pannel but that a Tales shall be granted for if a new Pannel might be made it cannot appear who were challenged or who were admitted And if your Lordship pleases to consider the Intention of the Law in giving the Prisoner power to Challenge is that he may have an indifferent Jury but that would be prevented by such a practice as this for when it has been discovered upon the old Pannel whom the Prisoner chose and
Though in supposition of Law all these Pannels are returned and the Tryals thereupon had the first day of the Sessions and in Law it is intended to be but that one day only The return of this Precept is thus viz. Executio istius Precepti patet in quibusdam Pannâ—llis huic precepto annexis and the Pannels are annexed and there are often Filed here divers Pannels upon the same general Precept though sometimes but One. These Pannels are thus delivered into Court and a Jury taken out of them as there is occasion only upon a Parol Award that is barely the Court 's calling for the same without Writ or Precept in Writing or giving any Day for the doing it For this Proceeding is immediatè for the speedy delivery of Prisoners and the Entry after setting forth that the Prisoner being Arraigned pleads Not Guilty is Ideo immediatè veniat inde Jurata or fiat inde Jurata And this Court 's being instituted for the speedy delivery of Prisoners and Warnings being given long before of their coming are the Causes why it has been always held without Doubt that Justices of Goal-Delivery might inquire and Try the same day If it fall out that by Reason of Defaults Deaths or Challenges there cannot be a full Jury had out of a Pannel as here there wanted three which is an Accident that the Court cannot know till they have gone through the Pannel I think in this Case that Pannel goes for nothing is utterly lost and void and to be cast away or cancelled For it does not answer the Award of the Court which was to have a Jury to Try the Prisoner presently It is meant an effectual Pannel that should afford a full Jury of Twelve unacceptionable Men. And every Pannel that comes short in this is to be laid aside as a void thing And then the Court takes and makes use of another immediately which may not be deficient whereby the Award is observed and the present Service dispatched Object It is objected that the Old Pannel is parcel of the Record in Court and upon that Nine were sworn and their Names are all enter'd upon that Record and now to add a new Pannel upon which Twelve shall be sworn and Try the Prisoner all this appearing upon Record it will be Error Answ This Objection stands upon two Mistakes both arising from not observing the difference between Precepts and Pannels in a Court of Goal-Delivery and Venire facias's or Precepts and Pannels in other Courts 1. It supposes that here will be two Pannels which will appear to relate to the Tryal of this Prisoner Mr. Cook 2. It supposes that both these will become Records or parcel of the Record in Court If either of these Suppositions prove to be a mistake it will destroy the Objection I think Both are mistakes 1. Here is not nor will be nay there ought not to be any Pannel purporting to be returned for the Trying of Mr. Cook or any particular Prisoner or Prisoners For the Precept in this Case is not like a Venire facias which alwaies respects a particular Issue between Parties therein named but General requiring the Sheriff to return Jurors enough to Try all the Prisoners not naming any And the Return which is the Answer to it by a Pannel or Pannels is as General the Title of every Pannel being Nomina Jurator ad Triandum pro Domino Rege and no more or Nomina Juratorum ad Triandum inter Dom. Regem Prisonar ad Barram without naming any of the Prisoners And it were absurd if it should be otherwise For the Precept goes to the Sheriff Before the Sessions and his Return is supposed to be made at the Beginning of the Sessions when it is not known who of the Prisoners will be indicted or if indicted who will plead not Guilty or Guilty or a Pardon or other Plea When for the Tryal of a particular Prisoner or divers Prisoners that are thought fit to be put upon Tryal by the same Jury a Jury is about to be taken out of any Pannel the Clerk as he goes along may take a Note in Paper of the Name of every one that is sworn or he may and usually doth write Jur. on the said Pannel against the Name of every one sworn But this Note or Mark is no part of the Record it is not ex Institutione Legis it is but a voluntary Memorandum for the help of his Memory If he could safely trust to the strength of his Memory he need not write at all on this occasion I mean not till a full Jury is sworn who Try the Prisoner But then indeed the Clerk must from his Notes or Memory write the Names of all the Twelve entring them on the Record of the Indictment in this manner viz. just after the Ideo immediatè veniat inde Jurata coram prefatis Justic c. Adding Et Juratores Jurate illius c. Scil. A. B. c. Dicunt c. And it is by this only that the Names of those that are sworn come to be of Record and it is this entry upon the Body of the Indictment alone that is the Record that shews who were Jurors sworn to Try this or that or other Prisoner or Prisoners So that if the old Pannel were Filed and were a Record as the Prisoner's Council would suppose yet it would not thereby be made appear that the said Pannel was returned or used for or in order to the Tryal of this Prisoner 2. The old Pannel is not filed among the Records of the Court nor ought to be When such a Pannel does not produce a Jury the Clerks may and use to throw it by as a useless thing But however they use it we cannot allow it to be a Record It was received de bene esse It is abortive and comes to nothing And it is not every thing that passeth in Court in order to a Record that comes to be so A Frivolous Plea that is rejected is not Recorded A Presentment or Bill of Indictment before it is found is not a Record And if an Ignoramus be returned upon a Bill of Indictment it never can be a Record And thereupon the Clerks do sometimes throw it away tho sometimes they keep it and put it on the File only taking care to cross it but if they do forget to cross it yet it is not a Record By all this it is apparent how great the difference is between a Precept and Pannels in this Court and a Venire facias and a Pannel returned thereupon which is ever issued after Issue joyned and doth alwayes mention the particular Parties and Matter it relates to and is a Record and a ground for an Hâ—beas Corpora wich a Tales to be returnable at a certain future day But in this Case in this Court it is quite otherwise Sir B. Shower Then my Lord since there is a new Pannel we hope we stand in the same condition upon the
Act of Parliament to take Exceptions to the Indictment before this Jury sworn as we did before the other Jury sworn since all that is quite set aside L. Ch. J. Treby Yes truly I think that may be Mr. Attorn Gen. But these Gentlemen would have done well to have given notice of their Exceptions Sir B. Shewer My Lord I shall not stand upon an Exception which I think I might take to the word Turmas in the Indictment which whether it be Troops of Men or Horses or what it is does not appear but I think we have an Exception to the cheif Overt Act laid in the Indictment and that we presume if my Brief be right will be sufficient to set aside this Indictment The Indictment charges That Mr. Cook did agree with other Traytors to send Mr. Chernock into France to the said late King James and King Jamâ—s is never mentioned before in all the Indictment that is one Exception that we have that there is no late K. James mentioned in the Indictment before this if my Copy be right if it be otherwise I suppose they will find it it is laid that Mr. Cook did agree to send Cherneck as a Messenger into France eidem nuper Regi Jacobo and no Rex Jacobus mentioned before Then there is another Exception and that 's this They come and say that whereas there was a War with France which is only in the Indictment by way of recital or rehearsal of an History Quod cum per magnum Tempus suit mode fit c. Mr. Cook the Premisses knowing did compass and imagâ—ne the Kings death and did adhere to the said Kings Enemies such a day Now my Lord I do think that this can never be maintained for that Cum quoddam Bellum c. being an Historical Narrative is not positive enough For adhereing to the Kings Enemies being one of the Treasons laid in the Charge there ought to be a War at the time of the adhesion and of necessity then that ought to be presented by the Jury for tho your Lordships can Judicially take notice of War or Peace yet you cannot take notice of it at such a particular time and the reason is from the Notion that is in my Lord Coke in his 3d Institutes Cap. Treason That adhesions to Rebels is not adhesion to the Kings Enemies for a Rebel is not said to be an Enemy but it must be adhereing to such an Enemy as between whom and the King there was War at that time and consequently it ought to be more positively averred in the Indictment than it here is but as to the Overt Act of Mr. Cooks consulting and agreeing to send Chernock over to the said late King James to give him notice of what was agreed upon between them when King James is not named before that can never be got over with submission Mr. Baker It is a mistake of your Copy Sir Bartholomew Shower Mr. Att. Gen. I have looked into the Record and it is Jacobo Secundo nuper Regi not Dicto Sir B. Shower Then with submission my Lord they cannot try us now for we ought to have a true Copy of the Indictment Mr. Baker Upon Demand But you never demanded it Sir Barth Shower Yes it was demanded Mr. Baker Who demanded it Sir B. Shower Our Sollicitor Burleigh Mr. Baker No he did not I gave it him officiously Mr. Att. Gen. With submission my Lord it is no Objection at all that their Copy is wrong That should have been before the Prisoner had pleaded for the words of the Act are that he shall have it so many days before to enable him to plead and he cannot be put to plead unless he have a Copy of the Indictment so long before and at Rookwood's Tryal it was said by the Court it could not be alleged after Plea pleaded Mr. Burleigh The Copy was given to me publickly in Court Mr. Soll. Gen. Why did not your Sollicitor compare it with the Indictment Mr. Att. Gen. They might have compared it by the Clerk's reading it to them but they will not admit the Prisoner's Sollicitor to see the Original because the Act expresly says they shall not have a Copy of the Witnesses Names Sir B. Shower The Officer is to deliver a true Copy of the Indictment Mr. Att. Gen. No the Party is to demand it by himself or his Agent and then he is to have it and if he be denied he ought to apply himself to the Court who will order the Delivery of it but we stand upon it that they cannot take this Exception now after they have pleaded for the intent of the Copy is to enable him to plead L. C. J. Treby The Copy by the Act of Parliament is to be delivered to the Prisoner his Attorney Agent or Sollicitor if they require the same and here it seems there was no requiring of it but it was voluntarily given and now you have lapsed your time of making the Exception of wanting a Copy by having pleaded to the Indictment whereby you have in effect admitted and declared either that you had a true Copy of it or that you did not think fit to require one for the use of the Copy is to better enable the Prisoner to plead But when you did plead you took upon your self to be well able to plead without the help of a Copy which you might have had upon the asking for Sir B. Shower Then my Lord there is another thing in the Indictment that in this Overt-Act there is a new Time and a new Place and a new Verb and a new Fact alleged and no Nominative Case it is alleged that Peter Cook at first with others did so and so and then the first of July to bring the Treasons aforesaid to effect there alibi c. which is very loose for I know not whence the Venue must come did traiterously with Chernock Friend c. consult to procure Diversas Turmas Legiones c. to join with them in England and then it comes ulterius such a Day Year and Place did traiterously agree so and so and not say who now this is neither by express words nor Rule of Grammar to be referred to the Prisoner at the Bar it does not say Ipse Idem Petrus Cook now my Lord that the King's Counsel thought it necessary in every OvertAct is plain because those words are put in every other Clause of the Indictment in those Clauses that goe before and those Clauses that come after then if they will take it that this Clause must refer to the next Antecedent that will not do for the next precedent Nominative Case is either Friend or Chernock So that this is without a Nominative Case and the Presidents in my Lord Coke's Entries 361 and all the other Books have the Nominative Case repeated where there is a new Time and a new Place and a new Fact alleged now it might be true that the Prisoner at the
Bar might be present and this same Treason might be discoursed of and agitated and there might be a Consult about this Business and yet it is not necessarily implied that he must consent and agree to send Chernock into France upon which the great stress of the Indictment lies therefore we say these words having no Nominative Case the Indictment cannot hold Mr. Att. Gen. My Lord as to this Objection it will receive a very plain Answer Our Indictment begins and sets forth that Peter Cook the Prisoner at the Bar did imagine and compass the King's Death and did adhere to the King's Enemies and these are the Treasons and then it sets forth the Overt Act that in Execution of the traiterous Compassings Imaginations and Adhesions aforesaid Ipse Idem Petrus Cook together with Sir William Parkins Mr. Chernock Sir John Friend and others did propose and consult to procure from the French King Forces to invade this Land ulterius he and they did agree to send Chernock to the late King James Mr. J. Rookeby There 's the first naming of James the Second late King of England and there is no eidem Jacobo I promise you L. C. J. Treby Well that Mistake is over Pray go on Mr. Attorney General Mr. Att. Gen. My Lord as to this Objection of Sir Barth Shower he would have Ipse Idem Petrus repeated over again and he says that we lay a distinct Over-Act with a different Time and Place Now that is a mistake too it is not a different Time and Place but the same Time and Place and it mentions that cum R. Chernock J. Friend c. cum aliis Proditoribus conveniebat consultabat c. Which he says may refer to Sir J. Friend or Charnock but if you look into the Frame of the Sentence that can never be Mr. J. Rookeby Petrus Cook is the Nominative Case that governs all the Verbs Mr. Att. Gen. And there is no other Nom. Case in all the Indictments but Petrus Cook except it be in a Parenthesis and that saves the Rule of Grammar if there were any thing in it that it must refer to the last antecedent Sir B. Shower When it comes to the Clause that he did procure Horse and Arms there the Nominative Case is repeated L. C. J. Treby It would not have made it worse if they had made it so here but the Question is whether it be necessary Sir B. Shower Indictments ought to be precisely certain but this we say is not so Mr. Att. Gen. But here is as much certainty as to the Person as can be that he did consult with such and such about such things and further the same Day did agree with the same Traytors to do so and so Mr. J. Powell Indictments it is true ought to be plain and clear but I do not see but here is as much certainty as can be that he did such a Day consult and further the same Day did agree with the same Persons Sir B. Shower VVho did agree my Lord Mr. J. Powell He that did consult with them before and that is Peter Cook Mr. Att. Gen. You 'd have had us to have put it to every Verb I believe Sir B. Shower In Indictments no Presumption ought to be used but the Facts ought to be directly and positively alleged Mr. J. Powell It s true there should be no Presumption and there is none here for certainly this is a plain Assertion of Fact L. C. J. Treby Here are two things that are set forth First That Peter Cook did meet with Sir John Friend Sir William Parkyns and others and then and there did consult with them and consent to procure an Invasion and joyn an Insurrection thereto And Secondly Further with the said Traytors did agree to send Chernock into France Now what is the Nominative Case to this Agreement Is it Sir John Friend and Sir William Parkyns That 's impossible for they could not be said properly to meet and consult with themselves every one of them with his own self and the rest And then the Number if it had referr'd to them should have been Plural but here it is Singular agreavit and the sense is no more than this That then and there Mr. Cook did meet with such Persons and did consult with them about such and such Matters and further did agree with them to do thus Sir B. Shower The meaning is not to be forced and strained by Inference or Presumption but it ought to be express and plain L. C. J. Treby Nay you cannot express it better you may make a Tautology of it if you will Sir B. Shower The Paragraph is long my Lord and therefore requires the more care to have those Repetitions that are necessary L. C. J. Treby Your Objection to this Paragraph is that it is too long but repeating the same Nominative Case to every Verb would make it much longer Sir B. Shower It cannot be understood to mean Peter Cook without Presumption which ought not to be in an Indictment Mr. Att. Gen. And as to Sir Bar. Shower's first Objection his Copy is right too and he mistook the place Sir B. Shower You shou'd have given me that for an Answer Mr. Att. Gen. Nay you should have taken more care and not have made the Objection L. C. J. Treby Truly I think it is hardly possible to have made this better if it had been otherwise than it is Mr. Serj. Darnel My Lord we think we have a good Fact of it which we rely upon and therefore do not so much insist upon these Exceptions tho in duty to our Client we mention that which we think is necessary and we submit to your Lordship Cl. of Arr. Set Peter Cook to the Bar. Which was done You the Prisoner at the Bar these good Men which you shall hear called and personally appear are to pass between our Sovereign Lord the King and you upon Tryal of your Life and Death if therefore you wou'd challenge them or any of them your time is to speak unto them as they come to the Book to be sworn and before they be sworn Cryer Call Sir John Sweetapple Sir John Swetapple Here. Cook My Lord Chief Justice if your Lordship please I am advised L. C. J. Treby Pray Sir speak out that we may hear what you say and let the Cryer make proclamation for silence Which was done Cook My Lord before the Jury is called I am advised that if any of the Jury have said already that I am guilty or they will find me guilty or I shall suffer or be hanged or the like they are not fit or proper Men to be of the Jury L. C. J. Treby You say right Sir it is a good cause of Challenge Mr. J. Rokeby That will be a sufficient cause if when they come to the Book you object that and be ready to prove it Cook Which is Sir John Sweetapple He was shewn to him Cl. of Arr.
Jury that found the Bill against me Mr. Parker No Sir Cook I challenge you Cl. of Arr. William Wilkinson Mr. Wilkinson My Lord I am no Freeholder in London To which he was sworn Cl. of Arr. Henry Mitchell Cook Hold Sir here Thomas Man in my Pannel is next Cl. of Arr. There is Oath made that he is sick in Bad. What say you to Mr. Mitchell Cook Sir have you a Freehold of 10 l. a year in the City of London Mr. Mitchell No Sir To which he was sworn Cl. of Arr. Richard Ryder Cook Sir Have you a Freehold of Ten pound a year in the City of London Mr. Ryder Yes I have Sir but I live in a Parish that never serve upon any Juries nor ever did in the memory of any Man Cl. of Arr. But have you a Freehold of 10 l. a year Mr. Ryder Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Ryder No Sir Cook Sir I challenge you Cl. of Arr. Richard Temple Mr. Temple My Lord I am no Freeholder To which he was sworn Cl. of Arr. Peter Walker Cook Sir are you a Freeholder of the City of London of Ten pound a year Mr. Walker Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Walker No Sir Cook I challenge you Cl. of Arr. Thomas Pistol Mr. Pistol I am no Freeholder To which he was sworn Cl. of Arr. John Hunt Mr. Hunt My Lord my Name is mistaken my Name is William Hunt L. C. J. Treby Then you must go on to another Cl. of Arr. John Hardret Mr. Hardret I am no Freeholder of 10 l. a year To which he was sworn Cl. of Arr. John Hammond Cook Are you a Freeholder Sir of 10 l. a year in London Mr. Hammond Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Hammond No Sir Cook I challenge you Cl. of Arr. John Cooper Cook I accept of him He was Sworn Cl. of Arr. Josselin Roberts Cook Sir are you a Freeholder within the City of London of Ten pound a year Mr. Roberts Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Roberts No Sir Cook I challenge you Cl. of Arr. Jonathan Micklethwait Cook I have nothing to say against him He was sworn Cl. of Arr. Richard Chiswell Cook Sir are you a Freeholder within the City of London of Ten pound a year Mr. Chiswel Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Chiswell No Sir Cook I challenge you Cl. of Arr. Joseph Thompson Cook Sir are you a Freeholder of the City of London of Ten pound a year Mr. Thompson Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Thompson I was Returned upon the Grand Jury but did not serve Cook I challenge you Cl. of Arr. Edward Brewster Cook Sir Are you a Freeholder of the City of London of Ten pound a year Mr. Brewster Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Brewster No Sir Cook I challenge you Cl. of Arr. George Gooday Mr. Gooday My Lord I am no Freeholder To which he was sworn Cl. of Arr. Abraham Hickman Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Hickman Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Hickman No Sir Cook I challenge you Cl. of Arr George Grove Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Grove Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Grove No Sir Cook I challenge you Cl. of Arr. Nathaniel Wyersden Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Wyersden Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Wyersden No Sir Cook I challenge you My Lord I desire to know how many I have excepted against Cl. of Arr. One and thirty Mr. Burleigh Write write Cl. of Arr. Samuel Blewitt Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Blewitt Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Blewitt No Sir Cook I challenge you Cl of Arr. John Wolfe Cook I accept of him He was sworn Cl. of Arr. William Smith Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Smith Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Smith No Sir Cook I challenge you Cl. of Arr. John Bickly Mr. Bickly My Lord I don't look upon my self as a Freeholder L. C. J. Treby Why so Sir Mr. Bickly I have a Lease for One and fifty Years my Lord of my House and there is a very little piece of Ground adjoining to it that was very convenient for me to lay to my Lease there is no way to it but through my House it is a thing that never was let for any thing and it is not worth the Building L. C. J. Treby What Estate have you in it Do you pay a Ground-Rent for it Mr. Bickly My Lord I bought that little piece of Ground for the Conveniency of my Lease L. C. J. Treby But did you purchase it for Term of Years or to you and your Heirs Mr. Bickly Nay I bought it for ever my Lord. L. C. J. Treby Then you have a Freehold in it What 's the Value of it Mr. Bickly Truly very little my Lord. L. C. J. Treby I don't know any Body can judge of the Value of it but your self Is it worth Ten Pound a Year Mr. Bickly My Lord I can't Value it at Ten Pound a Year it never cost me Forty Pound L. C. J. Treby Then for Estate you are well enough but for Value you are a little under Cl. of Arr. Thomas Collins Cook I accept of him He was sworn Cl. of Arr. John Watson He was sworn Cook I do not Challenge him Cl. of Arr. Benjamin Hooper Cook I accept of him He was sworn Cl. of Arr. John Wells Cook Sir Are you a Freeholder of the City of London of Ten pound a year Mr. Wells Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Wells No Sir Cook I challenge you Cl. of Arr. John Hibbart Cook Sir Are you a Freeholder of the City of London of Ten pound a year Mr. Hibbart Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Hibbart No Sir Cook I challenge you Cl. of Arr. Mr. Cook you have challenged your full Number Call Daniel Wray He was sworn Cl. of Arr. John Pettit He was sworn Cryer Countez Henry Sherbrook Cryer One c. Cl. of Arr. John Pettit Cryer Twelve good Men and true stand together and hear your
with a Body of 2000 Horse Mr. Att. Gen. Was the Prisoner at the Barr in the Company and present at this Resolution Capt. Porter Yes he was Mr. Att. Gen. Did all the Company agree to it Capt. Porter Yes they did Mr. Att. Gen. What signs were there of their Agreement did they stand up severally and declare their Agreement or how Capt. Porter My Lord of Aylesbury and Sir John Fenwick did rise up and desired Captain Chernock that he wou'd go upon this Errand And when the Question was ask'd severally of all there present by Mr. Chernock Whether he might assure the King of what they had told him Every one said Yes you may and Mr. Cook kneel'd indeed upon a Chair and said Yes you may Mr. Att. Gen. Did he give his Consent to it Capt. Porter Yes he answer'd in those very words Mr. Soll. Gen. Do you remember any Meeting of any Company at Mrs. Mountjoy's Capt. Porter Yes that was a second Meeting Mr. Soll. Gen. Pray tell my Lord and the Jury how you came to meet there then what Company were there and what pass'd Capt. Porter Mr. Chernock desir'd another Meeting to see if the Gentlemen kept to their former Resolution and we met at Mrs. Mountjoy's eight or ten Days after and there were most of the Company that was at the first Meeting and there all that were present did assure Mr. Chernock that they kept to their first Resolution and wou'd abide to what was agreed upon at the former Meeting Mr. Att. Gen. Who were present at the second Meeting Capt. Porter The Prisoner at the Barr was there at that second Meeting Mr. Att. Gen. What was that second Meeting for do you say Capt. Porter It was to give Mr. Chernock assurance that we were agreed to stand by the Resolution taken at the first Meeting Mr. Att. Gen. What did Mr. Chernock do afterwards Capt. Porter I went away from them there was Sir William Parkyns Sir John Freind and Captain Chernock went to the Queens-Head Tavern in Fleetstreet and Captain Chernock told me he wou'd go in two or three Days and I believe did so Mr. Att. Gen. When did you see him afterwards Capt. Porter When I was a Prisoner upon the account of the Riot in Drury-lane about two or three Days after I came to Newgate he came to see me and said he had been in France and that King James thank'd us for our kind Offer but the French King cou'd not spare so many Men that Year and he told me he had been with my Lord of Aylesbury and the rest of the Gentlemen that had imploy'd him to go over and had delivered them the several Messages that he was ordered to do from the King L. C. J. Treby Captain Porter who were present at that second Meeting do you say Capt. Porter My Lord of Aylesbury Sir John Freind Sir William Parkyns Captain Chernock Mr. Cook and my self I cannot tell whether my Lord Montgomery or Mr. Goodman were at that second Meeting or no. Mr. Att. Gen. Captain Porter I wou'd ask you another Question You were concerned in the Assassination with those other Persons that Ingaged in it Pray what Safety did you propose to your selves after the Assassination was over Capt. Porter My Lord I ask'd Sir George Barclay what we shou'd do after the Fact was committed Says he You need fear nothing I will go away that night I have a Ship ready and the King will be Landed in five or six Days afterwards if you 'll but keep selves close for so many days all will do well Mr. Soll. Gen. If the Prisoner or the Counsel will ask him any Questions my Lord they may do it Sir B. Shower Pray Sir can you recollect what time a day this was that this Debate and Resolution were had at the Old King's-Head in Leaden-Hall-street Capt. Porter Truly Sir Bartholomew I can't tell Sir B. Shower Pray by what means do you recollect that this was in the Month of May Capt. Porter Because Captain Chernock was absent at the Dog-Tavern Riot which was the Tenth of June Sir B. Shower Was it not in April Capt. Porter No Sir to the best of my Remembrance it was in May. Sir B. Shower What makes you think it was in May rather than April Capt. Porter I have told you Sir because both Meetings were before the Dog-Tavern Riot the Tenth of June and Mr. Chernock was not there at that time but he told me afterwards he had been in France and there were eight or ten Days difference between the two Meetings Mr. Att. Gen. My Lord if they have done with him I wou'd ask him one Question to settle this Matter in point of Time Capt. Porter Was the King gone to Flanders when you had these Meetings Capt. Porter The King was gone Sir before the first Meeting Mr. Att. Gen. The King did not go till several days in May was Mr. Goodman there Capt. Porter He was at the first Meeting but I can't tell whether he was at the second or no. Mr. Serj. Darnall Pray what time was Mr. Goodman there at the first Meeting Capt. Porter He came up after Dinner at the first Meeting Mr. Baker Then call down Mr. Goodman who came in and was sworn Mr. Soll. Gen. Mr. Goodman Pray will you give my Lord and the Jury an Account what you know of an intended Invasion upon this Kingdom what were the Circumstances of it and who were concerned in it Mr. Goodman My Lord About the middle of May last or thereabouts Captain Porter sent to me and told me there was a Meeting of some Gentlemen of our acquaintance at the King's-Head in Leaden-Hall-street and he desired me that I wou'd be there because it was about business I told him I did not know whether I cou'd be there at Dinner but however I wou'd not fail of coming thither after Dinner and accordingly I came When I came into the House I sent up my Name to Captain Porter and he came down and brought me up stairs and there I saw my Lord Montgomery my Lord of Aylesbury Sir John Fenwick Sir William Parkyns Sir John Freind Mr. Chernock and that Gentleman at the Barr Mr. Cook When we were there the Discourse was That we did think King James's coming was Retarded and we wou'd do any thing to facilitate his Restoration Cook My Lord Chief Justice L. C. J. Treby What say you Mr. Cook Cook My Lord If your Lordship pleases I desire the Jury may not be talk'd to by any body and I understand there are some talking with the Jury L. C. J. Treby Fye upon it we will lay any body by the Heels that do so they must neither be Disturbed nor Instructed by any body Cook My Lord I am inform'd there was some-body talking to them and telling them this was the same Case with Sir John Freind L. C. J. Treby Do you but show us the Man and we will find another place for him we will
that was in his right Senses he must have been a Mad-man if he had done it one that stood so well with the present Government and of a Family never tainted with Disloyalty Certainly Gentlemen when we make out this to you against Mr. Goodman the Prisoner can be in no Danger of his Life from Mr. Goodman's Evidence tho' he is an unfortunate Man to come under such an Accusation but I cannot believe that any Jury upon such a Man's Evidence will brand an honest Family with the foulest vilest blackest Treason that ever was hatch'd no Gentlemen you are Men of Ability and Understanding and that is it we relie upon we doubt not but that you will consider the Evidence and consider your Oaths and not let the Prisoner's Blood lie at your Doors therefore we shall go on and call our Witnesses to make out what I have open'd Sir B. Shower My Lord we desire to call our Witnesses and I shall reserve my self to make some Observations after we have given our Evidence Mr. Serj. has open'd as much as we can prove and we will now produce our Evidence First we will shew the Conviction of Goodman Mr. Burleigh where is the Conviction Mr. Brul Here it is Sir Sir B. Shower Where had you it Sir Mr. Burleigh Out of the Treasury at Westminster Sir B. Shower Is it a true Copy did you examine it there Mr. Burleigh Yes it is a true Copy I did examine it with the Record Sir B. Shower Then read it Mr. Tanner Cl. of Arr. Read Michaelmas Term Tricesimo secundo Caroli Secundi L. C. J. Treby Read the Record in English to the Jury Cl. of Arr. Reads Be it remember'd that Sir Robert Sawyer Knight Attorney General of our Lord the King that now is who for the same our Lord the King in this part sueth came here in the Court of our said Lord the King before the King himself at Westminster on Thursday next after three Weeks of St. Michael the same Term and for the same our Lord the King brought here into the Court of our said Lord the King before the said King then and there a certain Information against Cardell Goodman late of the Parish of St. Martin in the Fields in the Country of Middlesex Gentleman which Information follows in these Words Scilicet Middlesex scilicet Be it remember'd that Sir Robert Sawyer Knight Attorney General of our said Lord the King that now is who for the same our Lord the King in this behalf sueth in his own proper Person came here into the Court of our said Lord the King before the King himself at Westminster on Thursday next after three Weeks of St. Michael that same Term and for the same our Lord the King gives the Court here to understand and be inform'd That Cardell Goodman late of the Parish of St. Martin in the Fields in the County of Middlesex Gentleman being a Person of a wicked Mind and of an ungodly and devilish Disposition and Conversation and contriving practising and falsely maliciously and devilishly intending Death and Poisoning and final Destruction unto the Right Nobel Henry Duke of Grafton and George Duke of Northumberland and that the aforesaid Cardell Goodman his most wicked most impious and devilish Intentions Contrivances and Practices aforesaid to fulfil perfect and bring to effect the thirtieth Day of September in the six and thirtieth Year of the Reign of our Lord Charles the Second now King of England c. and diverse other Days and Times as well before as after at the Parish of St. Martin in the Fields in the Country of Middlesex with Force and Arms c. falsely unlawfully unjustly wickedly and devilishly by unlawful Ways and Means did solicite perswade and endeavour to procure one Alexander Amydei to prepare and procure two Flasks of Florence Wine to be mix'd with deadly Poison for the poisoning of the aforesaid Right Noble Henry Duke of Grafton and George Duke of Northumberland and his most impious and devilish Contrivances Practices and Intentions aforesaid to fulfil perfect and the more to bring to effect the aforesaid Cardell Goodman the Day and Year abovesaid at the Parish aforesaid in the Country aforesaid falsely unlawfully unjustly maliciously and devilishly did promise and agree to give unto the aforesaid Alexander Amydei forty Pieces of Guniea-Gold of the Value of forty Pound of lawful Money of England if he the said Alexander Amydei wou'd prepare procure and provide two Flasks of Florence Wine to be mix'd with deadly Poison for the poisoning of the aforesaid Right Noble Henry Duke of Grafton and George Duke of Northumberland and if the aforesaid Poison with the Wine aforesaid to be mix'd shou'd effect the Death of the aforesaid Henry Duke of Grafton and George Duke of Northumberland that then he the said Cardell Goodman wou'd give unto the said Alexander Amydei the Summ of one Hundred Pounds and that beyond Sea he wou'd maintain the said Alexander all the Days of him the said Alexander to the evil and most pernicious Example of all others in the like Case offending and against the Peace of our said Lord the King that now is his Crown and Dignity c. Then here is process pray'd by the Attorney General against Mr. Goodman who comes and by his Attorney pleads not Guilty and here is Issue joyn'd Sir B. Shower Well see for the Verdict Cl. of Arr. There was a Tryal at Niâ—i Prius and the Jury find that the said Cardell Goodman is Guilty of the Premisses in the Information specify'd as by the Information is supposed against him Sir B. Shower Now read the Judgment Cl. of Arr. Thereupon it is consider'd that the said Cardell Goodman do pay to the King the Summ of One Thousand Pounds for his Fine impos'd upon him for the Occasion a foresaid and that the aforesaid Cardell Goodman be committed to the Marshalsea of this Court in Execution for his fine aforesaid that he be safely kept there till he pay his Fine aforesaid and before that the said Cardell Goodman is deliver'd out of the Prison aforesaid he shall give Security to behave himself well during his Life and also shall give Security for the Peace to be kept towards the said Lord the King and all his People and particularly towards the Right Noble Henry Duke of Grafton and George Duke of Northumberland Mr. Serj. Darn So you hear the Record of the Information Conviction and Judgment for a very horrid abominable Crime Mr. Att. Gen. But I desire they may now go on and read the whole of the Record Cl. of Arr. Reads And afterwards to wit on Friday next after eight Days of St. Hilary in the thirty sixth and thirty seventh Years of the Reign of our said Lord the King that now is before our said Lord the King at Westminster came the aforesaid Sir Robert Sawyer Knight Attorney General of the said Lord the King that now is and acknowledged that the said Cardell Goodman has
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 LONDON Printed for BENJAMIN TOOKE at the Middle-Temple-Gate in Fleetstreet MDCXCVI Die Sabbati Nono Maii Anno Domini 1696. Annoque Regni Gulielmi Tertii Octavo At the Sessions-House in the Old-Baily London Dominus Rex Versus Petrum Cook THIS day being appointed for the Tryal of Mr. Peter Cook upon an Indictment of High Treason found against him by the Grant Jury for the City of London upon the Commission of Goal-Delivery of Newgate holden for the said City upon which Indictment he had been Arraigned and upon pleading not guilty Issue had been joyned and the Court having been adjourn'd unto this day for the Tryal for publick Proclamation in usual manner the Court was resumed and the Names of the Men returned to serve on the Jury having been called over according to the Pannel and the Defaulters recorded the Court proceeded as follows Cl. of Arr. Set Peter Cook the Prisoner to the Bar Which was done You the Prisoner at the Bar 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 to them as they come to the Book to be sworn and before they be sworn Cook Sir I desire you would not Name them too fast for my Eyes are very bad Cl. of Arr. John Ewer Cook Who must I apply my self to Sir I desire to know Whether he is a Freeholder in London Cl. of Arr. I know nothing to the contrary Sir he is returned as such by the Sheriff you had best ask him himself he can best tell Cook Are you a Freeholder in London Sir Mr. Ewer Yes Sir I am a Freeholder Cook Sir I challenge you Cl. of Arr. Henry Sherbrook Cook Sir are you a Freeholder in London Mr. Sherbrook Yes Sir I am Cook I challenge you No Sir I beg your Pardon I do not challenge you Cl. of Arr. Then hold Mr. Sherbrook the Book Which was done Look upon the Prisoner You shall well and truly try and true Deliverance make between our Sovereign Lord the King and the Prisoner at the Bar whom you shall have in Charge according to your Evidence So help you God Cl. of Arr. Joseph Billers Cook Are you a Freeholder Sir in London Mr. Billers Yes I am Cook I challenge you Sir Cl. of Arr. John Brand. Cook Pray Sir don't go too fast Are you a Freeholder in London Sir Mr. Brand. I am no Freeholder in London L. C. J. Treby What say you Mr. Attorney Mr. Att. Gen. My Lord I would not have any body that is not a Freeholder serve so he was set by Cl. of Arr. William Hall Mr. Hall My Lord I am no Freeholder in London L. C. J. Treby Why what Estate have you Mr. Hall What I have is in Leases L. C. J. Treby What Leases for Years or Leases for Lives Mr. Hall Leases for years Sir L. C. J. Treby Then he cannot serve upon the Jury Cl. of Arr. Edward Leeds Cook Hold Sir let me see are you a Freeholder in London Sir Mr. Leeds Yes Sir Cook Sir I challenge you then Cl. of Arr. Thomas Clark Cook Hold Sir I pray let me look upon my Paper I challenge him A Stâ—nderâ—by He does not appear Cl. of Arr. Nathan Green Cook Where is he Sir Are you a Freeholder Mr. Green Yes I am Sir Cook I challenge you Cl. of Arr. Thomas Emes Cook Are you a Freeholder Sir Mr. Emes Yes I am Cook Were you one of Sir John Friend's Jury Mr. Emes Yes I was Cook Then I challenge you for Cause and I give you my Reason Mr. Serj. Darnall I pray let us hear your Reason give your Reason for your challenge Cook It is for being of Sir John Friend's Jury Mr. Serj. Darnall Then you challenge him for Cause Cook Yes that he was of Sir John Friend's Jury L. C. J. Treby Well Brother Darnall how is that a Cause of Challenge You are the Prisoner's Council let us hear what you say to it Mr. Serj. Darnall My Lord what we have to say to it is this Here are some Persons returned upon this Pannel that were formerly Jurors in a Cause that was try'd for the same Species of Treason that this Gentleman the Prisoner is charged with in this Indictment and I think the Witnesses at that Tryal did mention in their Evidence my Client as being present at those very Consults about which they gave their Evidence these Gentlemen gave Credit to those Witnesses and found the Verdict against the Person then accused We humbly submit it to your Lordship and the Court whether we may not for this Cause challenge this Person as not indifferent it being for the same Cause and Consult that the other was try'd for Mr. Att. Gen. Sure Mr. Serjeant is not in earnest in this Objection Mr. Serj. Darnall My Client thinks it a very good Objection That he is not indifferent and I desire he should be satisfied in it Mr. Att. Gen. If he thinks so he may except against him but if he insists upon it as a cause of Challenge we desire you would put the Case and my Lords the Judges determine it Mr. Serj. Darnall I have told you what the Case is L. C. J. Treby But you hear the King's Counsel insist upon it to have you make it out in point of Law Mr. Serj. Darnall My Lord I have stated the Case as my Client desired and we submit it to you L. C. J. Treby Well there is nothing in it Mr. Serj. Darnall Then my Client if he will not have him serve must challenge him peremptorily Which he did Cl. of Arr. Francis Byer Cook Sir Are you a Freeholder Mr. Byer Yes I am Cook I challenge you Cl. of Arr. James Denew Mr. Denew I am no Freeholder Cl. of Arr. Henry Hunter Cook Hold hold my Lord I challenge him as being one of Sir John Freind 's Jury Mr. Baker Nay that was not allowed in Mr. Emes's Case but you challenged him peremptorily and so you must now if you have a mind to it Cook I challenge him Cl. of Arr. John Hall Cook Are you a Freeholder in London Sir Mr. Hall Yes I am Sir Cook I challenge you
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
That I don't know Mr. J. Rokeby Did you know all the Company that was that Day at Dinner Huntley I knew all but one Mr. J. Rokeby And who was that Huntley That was Mr. Chernock Mr. J. Rokeby And yet you can't tell whether there was any body else that you did not know how then can you tell that Goodman was not there Sir B. Shower He did not know him at that time but he might remember him afterwards Mr. Conyers Did not the same Company use to meet at other Times at your House Huntl Not to my Remembrance Mr. Con. How then came you if they never had us'd to meet there to know all these People's Names Huntley I have seen Sir John Friend there and Sir William Parkyns Mr. Con. Was Sir John Friend there or no Huntl Yes he was Mr. Con. My Lord he was the only Man that was not nam'd before you did not name Sir John Friend before as I heard but pray did you ever see Mr. Chernock there but at that time Huntley No I did not Mr. Con. How came you to know it was Mr. Chernock Huntl I knew very few of them before that time and I ask'd their Servants the Names of all those Persons that were there Mr. Con. Did you know Mr. Porter pray Huntl Not before that Time I did see Mr. Porter and I knew him again when I saw him his Black told me his Name that Day Sir B. Shower You Huntley I would ask you one Question more was the Door shut or no Huntl No it was not Sir B. Shower Did the Servants go up and down as they us'd to do Huntl Yes Sir Mr. Att. Gen. Sir Bartholomew would make it that there was no Consultation at all Sir B. Shower They wer very mad Folks if they wou'd consult at that Rate with the Door open Pray call Mr. William Cock who was sworn Mr. Att. Gen. Sir John Friend has own'd it that 's dead Sir B. Shower Sir John Friend's Confession is nothing to the Prisoner Mr. Att. Gen. Mr. Serj. Darnall did open that the Confession of those that dy'd was an undeniable Proof of the Conspiracy but go on with your Evidence Mr. Sarj Darn Pray Mr. Cock will you recollect your self about the Time when Cap. Porter and some other Gentlemen din'd at your House W. Cock Yes very well Mr. Serj. Darn Pray Sir can you tell who din'd there at that time W. Cock There were my Lord of Ailesbury my Lord Montgomery Sir William Parkyns Sir John Fenwick Sir John Friend Mr. Chernock Cap. Porter and Mr. Cook Mr. J. Rokeby Was that all the Company W. Cock Yes it was Mr. J. Rokeby One of them said there were Eight L. C. J. Treby and he has nam'd Eight Brother M. Serj. Darn Can you remember when any of the Company went away and who went away first Cock My Lord of Aylesbury and my Lord Montgomery went away in a Hackney Coach and their Servants were frequently in the Room and waited afterwards in another Room after that they had waited at Table at Dinner and tho' the Door was shut as it used to be when any Company is there yet no body was forbid to come there at all Mr. Att. Gen. Do you remember when Mr. Goodman came there Cock I never saw Mr. Goodman in my life before to day Mr. Serj. Darnall Did any body come to this Company before my Lord of Aylesbury went away that did not Dine there Cock I did not see any body there at all and my Lord of Aylesbury was about buying a Hogshead of White-wine but we could not agree about the Price And when my Lord of Aylesbury went away I went down with my Lord and waited upon him to the Coach and I told my Lord I hoped he would buy the Wine still But he answered He could not tell whether he should or no. Mr. Serj. Darnall Who else went with my Lord of Aylesbury Cock My Lord Montgomery I don't remember any body else Mr. J. Rokeby Did all the rest of the Company go away at once Cock Truly my Lord I can't say they did Mr. J. Rokeby By what time did the rest go away Cock I believe it might be Eight or Nine a Clock Mr. Serj. Darnall You saw my Lord of Aylesbury when he parted Was Mr. Goodman there then Cock I did not see him Mr. B. Powis Did Mr. Cook stay till the last Cock That I can't tell truly Mr. B. Powis I find they all Swear to Four a Clock of my Lord Aylesbury's going and go no further Mr. Att. Gen. Pray Sir let me ask you a Question or two Did you ever see Mr. Goodman before now Cock No I do not remember I did Mr. Att. Gen. When you went into the Room after Dinner did you look about the Room to see whether there were any new Company Cock I did look about the Room several times and so did my Servants to see if there were any thing wanting Mr. Att. Gen. Can you take it upon your Oath that he was not there whilst my Lord of Aylesbury staid Cock I do and can take it upon my Oath he was not Mr. Att. Gen. Then if you can pray distinguish the time when he came in Cock I do not remember that ever I saw him in my Life before to day Mr. Att. Gen. Why are you not as positive that he was not there at all as that he was not there before my Lord of Aylesbury went away Cock He might come in and I not see him Mr. Att. Gen. Might he not as well come in before they went away as after to come in and you not see him Cock No I do not think he cou'd Mr. Att. Gen. Why do you think so Cock Because the Servants were all about and they did not go to Dinner till two a Clock and I believe those Gentlemen that I named came in a quarter of an Hour's time to Dinner Mr. Att. Gen. We do not say he came there before Dinner but cou'd he not come in after Dinner before my Lord of Aylesbury and my Lord Montgomery went away without your seeing him Cock Yes Sir Sir B. Shower Then heark ye Sir I wou'd ask you one Question Did you see him upon your Oath or not Cock No I did not Sir B. Shower Might not Mr. Goodman come in to them without your seeing him Cock It is possible but I don't think it was so Mr. J. Rokeby How then can you be positive that he was not there till my Lord of Aylesbury went Mr. Sol. Gen. You say you may be positive he was not there before my Lord of Aylesbury went Can you be as positive now that he was not there before Mr. Cook went Cock I do not know when Mr. Cook went Mr. Sol. Gen. How can you be then positive he was not there before my Lord of Aylesbury went Cock There were no more than what Dined there when my Lord of Aylesbury went away Mr. Conyers Pray Sir let me ask
the Prisoner at the Bar and to the best of my observation I always took him to be a Conscientious Man and I have heard him declare great detestation of a French Force and three or four days before he was taken into Custody I ask'd him what he heard of Intelligence he said he heard what was in the publick Prints and heard no more and knew no more and he had a great abhorrence of the Conspiracy and thought it a very monstrous thing I never heard him speak a disrespectful word of the King's Person or Government in my life And I say again I have heard him several times declare in common Conversation that he had an aversion to a French Power and he had a dread of it Mr. Serj. Darnall What have you heard him say about our Fleet or Army Hamond My Lord I have heard him very much wish Prosperity and Success to our Fleet. Mr. J. Rokeby What Fleet pray Sir Hamond To our Fleet King William's Fleet against the French things to this purpose he has frequently said Mr. Serj. Darnall Then Swear Mrs. Hunt Which was done but she was not Examined Sir B. Shower My Lord we leave it here but I must beg the favour that if they give any new Evidence and there be occasion we may have liberty to answer it And I have an Observation or two to make when the Evidence is over Mr. Att. Gen. My Lord if they have done with their Evidence I beg leave to observe that there is something arises upon that Evidence that will give us occasion to call a Witness or two more My Lord the first Witness which they call was Edwards and he is in Custody upon suspicion of High Treason in Newgate and he gives an account of some discourse that he had with Mr. Goodman and for that it will be necessary for us to call Mr. Porter again and Mr. Delarue to shew that this Edwards the Witness as he is Committed for suspicion of High Treason so he was in the Conspiracy for the Assassination he was one in the List that was brought back by Cranburne from Mr. Chernock to Captain Porter as one of Chernock's Men and he is in Custody for it Then as to the other matter they have called three Witnesses to prove that Mr. Goodman was not in this place at this time The Councel indeed opened it that he was not at the Tavern 'till after my Lord of Aylesbury and my Lord Montgomery were gone away but their Evidence goes further that he was not there at all and the Master of the House says he was not there to his knowledge at any time So that if their Evidence prove any thing they prove that he was not there at all they do not remember that they saw him there so that the Question will be whether Mr. Goodman was there at that time and it will be necessary to call Mr. Goodman again and Mr. Porter to confront these Witnesses who will tell you when he came in and particularly as to my Lord of Aylesbury that he went with him to the Stairs-head and my Lord would not let him go further but he went back again when my Lord of Aylesbury went down stairs We will begin with the Witnesses as to this Edwards Swear Mr. Delarue Which was done Mr. Conyers Mr. Delarue pray do you know Mr. Edwards that was here Mr. Delarue He goes by several Names I know him by the Name of Douglas and last Monday I came into the Press-Yard and saluted him by the Name of Douglas and he said he had taken his own Name again by which he was known at St. Germains and that was Edwards or Richards as I remember or some such Name Mr. Conyers When was he at St. Germains Mr. Delarue About three or four years ago Mr. Conyers Pray look upon him see if you know him Mr. Delarue I know him very well there he stands that is the Person in the black Wig he was reputed at St. Germains to be my late Lord Dundee's Chaplain Mr. Att. Gen. What Name did he go by at St. Germains Mr. Delarue I can't very well tell but he said he had taken his own Name again and I think he said it was Edwards or Richards Mr. Conyers Did he go formerly by the Name of Douglas Mr. Delarue Yes here in England Mr. Porter knew him to go by that Name Mr. Att. Gen. What else do you know of him Mr. Delarue The List that Mr. Cranburn carried from Mr. Porter to Mr. Chernock and which he brought back again from Mr. Chernock to Mr. Porter had in it among the other Names the Name of Douglas which I understood to be that Gentleman Mr. Att. Gen. Did he go by that Name at that time Mr. Delarue Yes he did L. C. J. Treby Pray repeat that again Sir that we may understand it and see whether it be Evidence Mr. Delarue Why Sir the List that Mr. Cranburn brought from Mr. Chernock to Mr. Porter at the Foot of the List which Mr. Porter had sent to him there were other Names written as I believe in Mr. Chernock's Hand and among those Names there was the Name of Douglas which I understood to be this Mr. Edwards as he calls himself And moreover when Mr. Porter went out of Town going to Doctor 's Commons I called at Mr. Chernock's and he had a great deal of Company with him 4 or 5 Troopers and among the rest this Edwards or Douglas was there sitting by him Here is a Gentleman that I see upon the Bench I think he is a Scotch-man that knew him at St. Germains as well as I. I think his Name is Mack Donnel Mr. J. Rokeby What Country-man did you take this Edwards to be Mr. Delarue A Scotch-man and Chaplain to my Lord Dundee that was killed in Scotland Mr. Serj. Darnall Did you see this Gentleman in France Sir Mackdonnel I never was in France in my Life Mr. Att. Gen. You can't ask him the Question you know it tends to make him either accuse or excuse himself of a Crime Pray call Mr. Porter again But in the mean time till he comes we 'll examine Mr. Goodman because he is here Mr. Goodman you were by and heard what these Drawers said concerning your being at the Old King's-Head in Leadenhall-street that day Pray give an Account when you came in whether you saw my Lord of Aylesbury and what passed between you at my Lord of Aylesbury's going away Mr. Goodman Mr. Porter brought me up and when I came in they were all sitting and after Salutation I sat down And when they had consulted some time they came to a Resolution as I have told you already The Fellows are so far in the right of it that my Lord of Aylesbury and my Lord Montgomery went away first for I took my leave of them at the Head of the Stairs Says my Lord of Aylesbury to me Pray avoid Ceremony we will go away privately as we came in a