Evidence The Names of the Twelve sworn are as follow Henry Sherbrook John Cullum Thomas Shaw Richard Young John Cooper Jonathan Micklethwait John Wolfe Thomas Collins John Watson Benjamin Hooper Daniel Wray and John Pettit Cl. of Arr. Cryer Make Proclamation Cryer O Yez If any one can inform my Lord the King's Justices the King's Serjeant the King's Attorney-General or this Inquest now to be taken of the High Treason whereof Peter Cook the Prisoner at the Bar stands Indicted let them come forth and they shall be heard for the now Prisoner stands at the Bar upon his Deliverance and all others that are bound by Recognizance to give Evidence against the Prisoner at the Bar let them come forth and give their Evidence or they forfeit their Recognizance L. C. J. Treby You must make room for those Twelve Gentlemen that are sworn that they may be at ease and for those that are not sworn their Attendance may be spared Cl. of Arr. Peter Cook hold up thy Hand Which he did Gentlemen you that are sworn look upon the Prisoner and hearken to his Cause He stands Indicted in London by the Name of Peter Cook late of London Gentleman For that whereas an Open and Notoriously Publick and most Sharp and Cruel War for a great while hath been and yet is by Land and by Sea Carried on and Prosecuted by Lewis the French King against the Most Serene Most Illustrious and Most Excellent Prince our Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. All which time the said Lewis the French King and his Subjects were and yet are Foes and Enemies of our said Lord the King that now is William the Third and his Subjects He the said Peter Cook a Subject of the said Lord the King that now is of this his Kingdom of England well knowing the Premises not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said Most Serene Most Mild and Most Excellent Prince our Sovereign Lord William the Third now King of England his Supreme True Rightful Lawful and Undoubted Lord the Cordial Love and True and Due Obedience Fidelity and Allegiance which every Subject of the said Lord the King that now is towards him our said Lord the King should bear and of Right is bound to bear withdrawing and utterly to Extinguish Intending and Contriving and with all his Strength Purposing and Designing the Government of this Kingdom of England under Him our said Lord the King that now is of Right Duly Happily and very Well Establish'd altogether to Subvert Change and Alter and His Faithful Subjects and the Freemen of this Kingdom of England into Intolerable and Miserable Servitude to the aforesaid French King to Subdue and Inthral the First Day of July in the Seventh Year of the Reign of our said Lord the King that now is and divers Days and Times as well before as after at London in the Parish of St. Peter Cornhil in the Ward of Limestreet Falsly Maliciously Devilishly and Trayterously did Compass Imagine and Contrive Purpose and Intend our said Sovereign Lord the King that now is then his Supreme True Rightful and Lawful Lord of and from the Regal State Title Honour Power Crown Empire and Government of this Kingdom of England to Depose Cast down and Utterly Deprive and the same our Lord the King to Death and Final Destruction to bring and the aforesaid Lewis the French King by Armies Soldiers Legions and his Subjects this Kingdom of England to Invade Fight with Conquer and Subdue to Move Incite Procure and Assist and a Miserable Slaughter among the Faithful Subjects of our said Lord King William throughout this whole Kingdom of England to Make and Cause And further That the said Peter Cook during the War aforesaid to wit the aforesaid First Day of July in the Seventh Year abovesaid and divers other Days and Times before and after at London aforesaid in the Parish and Ward aforesaid to the said Foes and Enemies of the same our Lord the King did Adhere and was Assisting And his aforesaid most Wicked and Devilish Treasons and Trayterous Compassings Contrivances Intentions and Purposes aforesaid to Fulfil Perfect and bring to Effect and in Prosecution Performance and Execution of that Trayterous Adhering He the said Peter Cook as such a False Traytor during the War aforesaid to wit the same First Day of July in the Year abovesaid at London aforesaid in the Parish and Ward aforesaid and divers other Days and Times as well before as after there and elsewhere in London aforesaid Falsly Maliciously Advisedly Secretly and Trayterously and by Force and Arms with one Robert Chernock Sir John Friend and Sir William Parkyns Knights which said Robert Chernock Sir John Friend and Sir William Parkyns were lately severally Duly Convicted and Attainted of High Treason in Contriving and Conspiring the Death of our said Lord the King that now is and with divers other False Traytors to the Jurors unknown did Meet Propose Treat Consult Consent and Agree to Procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Foes and Enemies of our said Sovereign Lord William now King of England c. great Numbers of Soldiers and Armed Men this Kingdom of England to Invade and Fight with and to Levy Procure and Prepare great Numbers of Armed Men and Troops and Legions against our said Lord the King that now is to Rise up and be Formed and with those Foes and Enemies at and upon such their Invasion and Entry within this Kingdom of England to Join and Unite Rebellion and War against our said Lord the King that now is within this Kingdom of England to Make Levy and Carry on the same our Lord the King so as aforesaid to Depose and Him to Kill and Murther And further with the said False Traytors the same First Day of July in the Year abovesaid at London aforesaid in the Parish and Ward aforesaid Trayterously did Consult Consent and Agree to send the aforesaid Robert Chernock as a Messenger from him the said Peter Cock and the same other Traytors as far as and into the Kingdom of France in Parts beyond the Seas unto James the Second late King of England to Propose to him and to Request him to obtain from the aforesaid French King the aforesaid Soldiers and Armed Men for the Invasion aforesaid to be made and Intelligence and Notice of such their Trayterous Intentions and Adherings to the said late King James the Second and the said other Foes and Enemies and their Adherents to give and shew and them to inform of other Things Particulars and Circumstances thereunto Referring for the Assistance Animating Comforting and Aid of the said Foes and Enemies of the said Lord the King that now is
in the War aforesaid And to Stir up and Procure those Foes and Enemies the readilier and more boldly this Kingdom of England to Invade the Treasons and Trayterous Contrivances Compassings Imaginings and Purposes of the said Peter Cook aforesaid to Perfect and Fulfil also the same First day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid He the said Peter Cook divers Horses and very many Arms Guns Muskets Pistols Rapiers and Swords and other Weapons Ammunition and Warlike Matters and Military Instruments Falsly Maliciously Secretly and Trayterously did Obtain Buy Gather together and Procure and to be Bought Gathered together Obtained and Procured did Cause and in his Custody had and detained to that Intent To use the same in the said Invasion War and Rebellion against our said Lord the King that now is Him our said Lord the King of and from the Regal State Crown and Government of this Kingdom of England to Depose Cast down and Deprive and Him to Kill and Murther and the Designs Intentions and all the Purposes of him the said Peter Cook aforesaid to Fulfil Perfect and fully to bring to Effect against the Duty of his Allegiance and against the Peace of our said Sovereign Lord that now is his Crown and Dignity as also against the Form of the Statute in such Case made and provided Upon this Indictment he has been Arraigned and thereunto has pleaded Not Guilty and for his Tryal hath put himself upon God and his Country which Country you are your Charge is to inquire whether he be guilty of the High-Treason whereof he stands Indicted or not guilty if you find him guilty you are to inquire what Goods or Chattels Lands or Tenements he had at the time of the High-Treason committed or at any time since if you find him not guilty you are to inquire whether he fled for it if you find that he fled for it you are to inquire of his Goods and Chattels as if you had sound him Guilty if you find him not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Mompesson May it please your Lordship and you Gentlemen that are sworn this is an Indictment for High Treason against Peter Cook the Prisoner at the Bar and the Indictment sets forth That whereas there has been an open and cruel War for a long time and still is between his Majesty King William and the French King the Prisoner at the Bar not weighing the Duty of his Allegiance the First of July in the Seventh year of the King's Reign Did Compass and Intend to Depose and Deprive the King of the Title Honour and Dignity of the Imperial Crown of this Realm and likewise to put the King to Death and did adhere to the King's Enemies and to fulfil these Treasons he did Consult with Chernock and several other Traytors who were mentioned there and some of whom have been found Guilty of Treason and executed for it to send over to the late King James to perswade the French King to send over Soldiers and Arms to invade this Kingdom and to raise an Insurrection and Rebellion in it and to Deprive and put the King to Death and to compleat these Treasons it further sets forth That the Prisoner at the Bar did provide several Arms and Horses and this is laid to be against the Duty of his Allegiance against the King's Peace Crown and Dignity and against the Form of the Statute in that Case made and provided to this he had pleaded Not Guilty and for Tryal put himself upon the Country and Gentlemen if we prove these Facts laid in the indictment it s your Duty to find him Guilty Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason Cook My Lord Chief-Justice if your Lordship pleases before the Witnesses are Examined against me I intreat you that they may not be both in Court together that one may not hear what the other swears tho' I suppose it is the same thing for they have been together both now and the last day L. C. J. Treby Mr. Cook I must tell you it is not necessary to be granted for asking for we are not to discourage or cast any Suspicion upon the Witnesses when there is nothing made out against them but it is a Favour that the Court may grant and does grant sometimes and now does it to you tho' it be not of necessity they shall be examined apart but at present this is not the time of Examination for the King's Counsel are now to open the Evidence before they examine the Witnesses but when the time comes for the Witnesses to be called and examined the Court will in favour to you take care that your Request be complied with Mr. Att. Gen. May it please your Lordship the Prisoner stands Indicted for High Treason in Compassing and Imagining the Death and Destruction of his Majesty and likewise in adhering to his Majesty's Enemies these are the Treasons specified in the Indictment the Overt Acts that are laid to prove these Treasons are That he with several other Traitors named in the Indictment did Meet and Consult and agree to send over Chernock into France to invite the French King to make an Invasion upon the Kingdom and did provide Arms for that purpose Gentlemen the nature of the Evidence that you will have produced to prove the Prisoner Guilty of these Treasons lies thus It will appear to you that there has been for some time a Conspiracy carried on by several Traytors and Wicked Persons to subvert the established Government of this Kingdom and destroy the Constitution of England by a Foreign Invasion of the French You will hear that this Conspiracy was laid wide and consisted of several parts one part was that of Assassinating his Majesty's Royal Person and that was to be done first as a Preparation and Encouragement to the French to invade the Kingdom the other part was the inviting the French King to invade us and the Prisoner at the Bar is accused of being concerned in that part that relates to the Invasion of this Kingdom by a French Power and tho' it may be the other part that of Assassinating the King be the Blackest part of the Conspiracy yet if the Prisoner at the Bar has been ingaged in the inviting a Foreign Power to invade the Kingdom my Lords the Judges will tell you in Point of Law that is as much an Overt Act of the Compassing the Destruction of the King and People of England and the Subversion of our ancient good Constitution as if he had been concerned immediately in the other part the Assassination But now Gentlemen that the Prisoner was ingaged in Inviting the French to Invade us you will hear proved by several Witnesses that there having been a Design last Year just before his Majesty
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 satisfy'd to our said Lord the
King that now is of the Judgment aforesaid against him in Form aforesaid given therefore the said Cardell Goodman is thereof acquitted And so forth Mr. Serj. Darn Call Mr. Charles Edwards William Cock Christopher Crawford Marry Crawford and Mr. Huntley Edwards appear'd upon a Habeas Corpus directed to the Keeper of Newgate where he was a Prisoner Mr. Baker Where is the Warrant of his Commitment what is he committed for Tokefeild He is committed for suspicion of Treason and treasonable Practices Mr. Baker Is he not committed for High-Treason Tokefeild No Sir he is not Mr. Serj. Darn What Discourse had you with Mr. Goodman concerning the Prisoner at the Bar what did you here him say Mr. Baker He is not sworn yet it seems this Gentleman was Dundee's Chaplain in Scotland Mr. Attorn Gen. If he be not sworn he can give no Evidence Mr. Serj. Darn My Lord we desire he may be sworn L. C. J. Treby Sware him which was done Mr. Serj. Darn Pray Sir will you tell the Court and the Jury what you know of any Discourse of Mr. Goodman's concerning the Prisoner at the Bar. Edwards My Lord I desire to know being ignorant of the Law whether I am brought here by the common course of Justice or not Mr. Serj. Darn Sir we have subpena'd you for the Prisoner at the Bar to give Evidence of the truth of you Knowledge here upon Oath L. C. J. Treby Would you have us tell you how you came here We suppose you came by due Process of Law as a Witness Edwards Then my Lord I desire to speak but one Word that is a strange thing to me to consider how Words should be carried away that were privately spoken as if it were to expose me to the Reproaches of all my Friends it is a thing that I did never expect to hear of again however seeing I am called here and obliged upon my Oath to declare what I know I by God's Grace will to the uttermost of my power tell what has pass'd in this Matter L. C. J. Treby Don't make any Apologies for telling the Truth you are obliged by your Oath to do it and the Court expects it from you Edwards Among other Discourses that pass'd betwixt Mr. Goodman and me I ask'd him when Mr. Cook was to be arraigned and when he was to be tryed says he He is to be arraigned upon Monday and he is to be tryed upon Thursday I ask'd him whether it was for the Assassination-Plot and he told me no for what then said I as being concerned in sending Mr. Chernock into France Who are the Evidences against him said I said he Capt. Porter and my self said I I believe two Witnesses will be found good or by way of Demonstration in Law and I pity the poor Gentleman's Case Says he He swore against me how comes it then said I that he is not come off and has not a Pardon and would divulge no Body else L. C. J. Treby Who had not a Pardon do you mean Edwards Mr. Cook I ask'd how he had not a Pardon says he he wou'd give an account of no body else but me and that was the Reason he had no Pardon said I to him who are the Evidences against him says he Capt. Porter and my self and after this says he he or I must perish or he or I must suffer I believe the word was suffer but says he 't is a foolish thing to be hang'd all that 's said of a Man that is hang'd is that he hang'd hansomly or he dy'd bravely that 's all the Discourse that I can remember Mr. Serj. Darn He said it was a foolish thing to be hang'd and Mr. Goodman it seems had no mind to be hang'd and I believe so too but he must not hang my Client to save his own life Edwards Now by the same Oath that I have sworn I knew nothing of being brought hither till my words were carry'd away privately from me and has been consulted of and return'd to me back again and I was far from suborning or carrying away a Discourse privately to make any advantage of it Mr. Serj. Darn Now we will call Crawford and Huntley and Cock Mr. Attorn Gen. I desire that Gentleman that was last examin'd may not go away Crawford Huntley and Cock were sworn Sir B. Shower Set up Mr. Crawford which was done pray Sir will you recollect your self do you remember when my Lord of Ailesbury and Capt. Porter din'd at the King's Head Crawford Yes it was about a twelve month ago Mr. Serj. Darn What Company was there Crawford My Lord of Ailesbury Sir John Friend Sir John Fenwick Sir William Parkyns Capt. Porter and two or three more I did not know their Names Sir B. Shower How many were there that din'd there Crawford I think about Eight in all Sir B. Shower Was the Room shut while they were there or did the Servants and Drawers go up and down commonly Crawford Yes they did go up and down commonly Sir B. Shower After Dinner did any body come to them while they were there Crawford No not during my Lord of Ailesbury's stay and my Lord Montgomery went away with him Sir B. Shower About time did my Lord of Ailesbury go away Crawford I think it was about four a Clock Sir B. Shower How can you tell it Crawford I did attend upon them the most part of the time Sir B. Shower Did you see him go away Crawford Yes I did Sir B. Sh. Was that Gentleman Mr. Goodman there when they went away Crawford I did not see him there to my Remembrance no body came in there before they went away saving their own Servants Mr. Serj. Darn Do you know Mr. Cook the Prisoner at the Bar was he one of the Gentlemen that were at your House Crawford Yes I did not well remember or recollect till I saw him on Saturday last Mr. Attorn Gen. Was he one that went away Crawford I do not remember truly Sir Mr. Att. Gen. Prav how long was it after Dinner that they went away Crawford I think it was not an Hour Mr. Att. Gen. Was you there all the time from the time of the Dinner Crawf No not all the while I was not in the Room but going to and fro Mr. Serj. Darn You say Mr. Goodman did not come up till after they were gone Crawford No I did not see him Mr. Attorn Gen. Did you see him at all Crawford No I did not see him at all Mr. Attorn Gen. Just now it was said he did not come till they were gone and now it seemes he did not see him at all Crawford I do not know that he was there at all L. C. J. Tre. But Brother Darnall you open'd it that Mr. Goodman came after my Lord of Ailesbury was gone and now you will prove it that he came not at all Sir B. Shower My Lord we do not pretend to falsifie his Evidence
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
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
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.
went to Flanders to expose his own Person for our Protection and the Protection of the Liberties of Europe there was a Conspiracy to Murder him before he went to Flanders which it seems they were not ripe for then but immediately after he was gone to Flanders you will hear there were formal Meetings of several Gentlemen and Persons of Quality among whom the Prisoner at the Barr was one There was a Meeting in May last Year after the King was gone to Flanders and this was at the Old King's Head in Leaden-Hall-street and there were present my Lord of Aylesbury my Lord Montgomery Sir William Parkyns Sir John Freind Mr. Chernock all which Three last have suffered the Punishment of-the Law for their Treason already and there were also Mr. Cook the Prisoner at the Barr Mr. Porter and Mr. Goodman these Men did meet together ' to consider of the best Ways and Means of Encouraging and Inviting the French King with an Armed Force to Invade this Kingdom They considered that That was a proper Opportunity and did treat of several Arguments that might perswade to it First that the King was gone to Flanders and so was not in Person here to Defend us and that the Troops to make good such Defence were in a great measure drawn thither to assist the Allies against the French Power They did think likewise that at that time there was a great Discontent and Dissatisfaction in the Nation though I think in that they were greatly mistaken and I believe and hope they will always find themselves so to think that the People of England are so little sensible of that which is the means of their Preservation as to hearken to any Discontents to Incourage a French Power to come into England to destroy our Religion and Liberties that indeed they did apprehend though they were mistaken and I believe they always will when they go upon that ground Gentlemen These Persons thinking this a proper Opportunity did agree to send a Messenger into France upon this Message To go to the late King James and perswade him to desire and prevail with the French King to assist him with Ten thousand Men 8000 Foot 1000 Horse and 1000 Dragoons and to incourage him they promised their Assistance here as soon as he came over and undertook that between them they could furnish and wou'd raise 2000 Horse to meet him at his Landing and joyn upon such an Invasion Gentlemen At this Meeting this was agreed upon by all that were there whereof the Prisoner was one and they did agree to send Mr. Chernock who has since been executed and a principal Incourager of the Design and Actor in it he was the Messenger that was appointed to go upon this Errand and Mr. Chernock was resolved to go but desired another Meeting of these Gentlemen to know if they continued in their former Resolution that he might have all the Assurance that was Reasonable to give the French King Incouragement to make the Invasion Accordingly another Meeting was had of most of the same persons that were at the Meeting before particularly the Prisoner at the Barr was at that second Meeting which was in Covent-Garden at one Mrs. Mountjoy's who keeps a Tavern next door to Sir John Fenwick's Lodgings there they met upon the same Design and upon Consultation had and the Question ask'd they did agree to continue in the former Resolution and upon that immediately Mr. Chernock went into France to sollicit Forces from thence to Invade us but it happ'ned as it seems that the French King's Forces were otherwise imployed so that he cou'd not spare so many at that time and this Return was brought by Chernock to the Gentlemen that imployed him That he had spoke with the late King who gave him that Answer That the French King cou'd not spare so many Men at that time but he thank'd them for their Kindness Gentlemen This will be the nature of Our Evidence to show that the Prisoner at the Barr was concerned in that part of the Conspiracy which relates to the French Invasion and if he be guilty of that in point of Law he is as much guilty of the Conspiracy to Depose and Murder the King as if he had been concerned in the other part of Assassinating his Royal Person and I believe no body can think that those that were to act in the Assassination wou'd have attempted to ingage in such a desperate Design if it had not been for the Incouragement of the French Invasion that was to second them afterwards if they succeeded so that no body can extenuate the Crime of the Invasion because as to the Horridness of the Attempt it is less Black than the other they are both Crimes of a very high nature and equally High-Treason and if we prove the Prisoner Guilty of this part we hope you will find him Guilty Mr. Soll. Gen. My Lord we will call our Witnesses and prove the Matter as it has been opened Call Captain Porter and Mr. Goodman Mr. Serj. Darnall Now my Lord we must desire that That may be done which our Client desired before and which your Lordship was favourably pleased to promise that the Witnesses may be examined a-part L. C. J. Treby Let it be so Who do you begin with Mr. Soll. Gen. We begin with Captain Porter my Lord. L. C. J Treby Then let Mr. Goodman withdraw Mr. Baker Let Mr. Goodman go up Stairs and we will call him presently Mr. Soll. Gen. Swear Captain Porter which was done Captain Porter Do you know Mr. Cook the Prisoner at the Barr Capt. Porter Yes my Lord. Mr. Soll. Gen. Do you remember a Meeting of some Gentlemen at the King's-Head Tavern in Leaden Hall-street Capt. Porter Yes I do Sir Mr. Soll. Gen. Then pray give an Account of the Company that were there the Time when and what passd Capt. Porter My Lord the last Year we had two Meetings the First was in May the other was the latter end of May or the beginning of June the First was at the Kings-Head in Leaden-Hall-street there were my Lord of Aylesbury my Lord Montgomery Sir John Fenwick Sir John Freind Sir William Parkyns Mr. Chernock Mr. Cook and my self Mr. Goodman came in after Dinner at this Meeting it was Consulted which was the best way and the quickest to Restore King James and hasten his Return into England several Discourses and Proposals there were at last it was agreed to send Mr. Chernock to the late King to borrow of the French King Ten thousand Men 8000 Foot 1000 Horse and 1000 Dragoons to be sent over into England to assist the King's Restoration Says Mr. Chernock thereupon This the King can do without your sending and I wou'd not go upon a foolish Errand What will you do to Assist in this Matter the Company desir'd him to promise King James That if he wou'd send word when he Landed and where they wou'd be sure to meet him at his Landing
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
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
Hackney Coach And as to the Master of the House who says he does not know me I have Dined several times there four or five times with Sir John Friend and one particular Day above all the rest I remember I was not well and I went down Stairs to the Bar and said I pray can you get me a little Brandy He said Yes he would help me to some of the best in England And he brought me up some which I like very well And thinking he had a Quantity of it I askt him what I shou'd give him a Gallon for a Parcel But he said He had but a little and I am sure he has seen me there five or six times Mr. Att. Gen. Then set up that Master of the House Cock again Which was done Come Sir you hear what Mr. Goodman has sworn and mind it you are upon your Oath You said just now that you never saw Mr. Goodman before Cock No upon my Word Sir I don't know that ever I saw him before Mr. Att. Gen. Do you remember nothing of his being with Sir John Friend at your House Cock No upon my Word Sir Mr. Att. Gen. Nay you are upon your Oath Nor do you know nothing of your giving of him Brandy Cock No upon my Oath I do not remember any such thing Mr. Att. Gen. That is a very safe way of swearing I profess Mr. Conyers He remembers the particular time when he was sick and you offer'd to sell him some Brandy Mr. Att. Gen. No he askt him what he should give him for it a Gallon But Mr. Cock did you ever see Goodman in your House since my Lord of Aylesbury and they were there Cock No upon my Word Sir I did not and I never had but two Gallons of Brandy in my Life at a time and I never had any Cask or any thing of that nature to sell any out of Mr. Att. Gen. Who used to be with Sir John Friend at your House Cock There used to be Mr. Richardson and Justice Cash and Col. Cash Mr. Goodman Mr. Richardson was there that day I could almost have remembred the particular day but I cannot be positive only we were in the same Room where the Consultation was at the further part of the Room Mr. J. Rokeby You Friend the Master of the House you hear what Mr. Goodman says He says he was with Sir John Friend at your House and being not well he askt for some Brandy and you told him You 'd give him some of the best in England And he propounded to you then to sell him some of it but it seems there was no Bargain made Do you remember any such thing of one that was with Sir John Friend that spoke of buying of Brandy when he was sick Cock No upon my Word I do not Mr. Att. Gen. Then set up Mr. Porter who stood up Pray Mr. Porter look upon that man in the black Perriwig what Name did he use to go by Mr. Porter He used to go by the Name of Edwards Mr. Att. Gen. Had he any other Name Mr. Porter Yes Douglas Mr. Att. Gen. He has so many Names that we don't know which his is true Name Mr. Porter pray what else do you know of him touching his being concerned in the Conspiracy Mr. Porter I know not any thing of my own Knowledge but his Name was put down in the List that Mr. Chernock sent me of his men and Mr. Delarue read his Name there Mr. Sol. Gen. Mr. Porter you were a Witness upon the Trials of Sir John Friend and Sir William Parkyns did you give Evidence that Mr. Goodman was in the Room at the same time when the Consultation was Mr. Porter Yes Sir Mr. Att. Gen. Well you hear that these People have sworn that Mr. Goodman did not come till my Lord of Aylesbury went away nay indeed that he was not there at all Mr. Porter My Lord upon my Oath he was there before my Lord Aylesbury went away and Mr. Goodman bowed and took leave of my Lord as he went out of doors Mr. Att. Gen. What time did my Lord of Aylesbury go away Mr. Porter It was about an hour and a half or two hours after Dinner and he was in the Room when my Lord went away for he took his leave of him at the door Mr. Cowper Do you remember the manner of Mr. Goodman's coming in Mr. Porter Mr. Goodman sent up his Name to me and I told the Company and promis'd for him that he was a very honest Man and much in King James's Interest and then with their consent I went down and brought him up Mr. J. Powell How long time do you think there was between Mr. Goodman's coming in and my Lord of Aylesbury's going away Mr. Porter I cannot tell that I do not remember exactly how long it was Mr. J. Powell Was it a quarter of an hour or half an hour Mr. Porter A great deal longer for we had discoursed of the whole business after Mr. Goodman came into the Room Mr. Conyers How long were they there after Mr. Goodman came in Mr. Porter It was very near two hours after he came in before they went away they did not go away 'till six a Clock and he came in at four as near as I can remember Mr. Att. Gen. Then my Lord we have done Sir B. Shower Then I beg the favour of a word or two my Lord. May it please your Lordship and you Gentlemen of the Jury I am of Counsel in this Case for the Prisoner at the Bar and I must beg your Lordship's patience and your favour Gentlemen to make a few Observations upon the Evidence that has been given for we humbly insist upon it in point of Law that here is not sufficient Evidence before you to Convict the Prisoner You are Gentlemen to have respect and regard to your Consciences and the Oaths which you have now taken to give a Verdict and make true Deliverance between the King and the Prisoner you are not to go according to your own private Opinions nor according to publick Fame nor according to common Report nor according to the Verdicts in other Cases nor according to the Confessions or Dying Speeches of Criminals who have been Executed whether made by themselves or by others for them but you are to go by the Testimony of Credible Witnesses and if you have not the Evidence of two Credible Witnesses before you my Lords the Judges will inform you how the Law stands That by the Statute of Edward the Sixth and the New Statute for Trials of Treasons there must be two Witnesses to prove the Prisoner guilty of the Overt Act of the Treason that is laid in the Indictment and whether there have been two Credible Witnesses produced before you is the Question that you are to consider upon your Oath and Conscience that is whether you are satisfied here be two such as the Law requires The Question is not meerly
Acquit as well as Convict according as the Evidence stands It is your Duty to go according to your Consciences and to declare whether he be Guilty or Not Guilty upon the Evidence you have before you You are to Examine the Truth of the Fact in all its Circumstances and upon your own Consciences to declare whether he is Guilty or Not Guilty now we propose it to you and submit it to your Consciences That here are Three Witnesses that speak upon their Oaths against whom there is no Objection That ever they were Guilty of lying in wait to Poyson any body nor in any Plot for an Assassination nor any Conspiracy for inviting an Invasion from France nor any other Objection against them but they stand upright in the Face of the World and they Three swear That he was not there at that time The Answer that we expect is That he might be there and they not see him And because it was possible he might be there and they not see him therefore it is no Evidence But My Lord because it may be so is no Evidence that it is so that 's no Objection for you will take it as the nature of the thing will afford and the Matter itself allow Now there can be no better Evidence than this That they went in and out continually the Drawers and the Master of the House five or six times himself were in the Room and they say There was no such Person there Why then it is very Improbable if not Impossible that any such Man should be there The one swears He came down from my Lord of Ailesbury just before he went away and another says He follow'd him out of the Room and the Master says That he met my Lord of Ailesbury at the Stairs-head All which falsifies Mr. Goodman in that Particular That he was with my Lord of Ailesbury at the Stairs-head when he went away These are incompatible and if we falsifie him in any one thing he is not to be believ'd in any other Then Gentlemen we offer to your Consideration an Answer to another Objection They say these Witnesses seem to swear That he was not there at all We are not concern'd whether he was there afterwards or not If you are satisfied that he was not there as our Witnesses swear while my Lord of Ailesbury was there that 's enough But then they make an Objection How comes the Master of the House to remember my Lord of Ailesbury's going away more than any body else Gentlemen you know the nature of the thing shows that not only that it was more probable the Master of the House should make his Observations near the time of Dinner rather than afterwards at Night when there is more Hurry But it is more probable he should take notice of it from the Quality of the Person from the Discourse he had with him about the Whitewine which was a good Medium to refresh a Vintner's Memory it being a matter in his own Trade and that might make him call it to mind Therefore Gentlemen we think these three Witnesses stand free and clear in their Credit and being so are inconsistent with Mr. Goodman's Testimony and we hope in favour of Life the Credit inclines on their side especially when the Question is Whether a Man shall be executed for Treason who never fled for it who was never charg'd with any Treason or Treasonable Practises before nay not so much as with any particular Crime or Immorality And whether Three Witnesses shall be believ'd against whom there is no Objection rather than Two against One of which there are such Objections My Lord we are not now debating or attacking the Evidence of the Plot or arraigning the former Judgments against the Conspirators that have suffer'd but Gentlemen we are putting you now upon a serious Enquiry as GOD and your own Consciences shall incline you whether our Clyent be Guilty or Not Guilty upon this Evidence that is whether Mr. Goodman swears true or not We hope that we have given you sufficient Satisfaction that upon Mr. Goodman's part the Evidence is insufficient and we hope you will accordingly find our Clyent Not Guilty Mr. Att. Gen. If Mr. Cook have any thing to say himself I desire he may say it now before we begin Sir B. Shower No pray go on Sir L. C. J. Treby Mr. Cook wou'd you say any thing yourself before the King's Councel sum up Cook The little I have to say my Lord I 'll speak now or by and by which you please L. C. J. Treby You must do it now because after they have summ'd up there is nothing more to be said by you Cook My Lord I thank God I have liv'd a Life I hope as good as any Man and have often receiv'd the Blessed Sacrament I have done it constantly and shall do it speedily by the Grace of God as soon as I can have a Minister come to administer it to me I did offer it to my own Father when he came to me and told me If would confess this thing I should not come to Tryal I told my Father I would not for Ten thousand Worlds take away the Blood of an Innocent man to save mine I thank God I am in a very good way to dye I have for at least this last Year frequently received the Blessed Sacrament and how I have liv'd every body in the Court that knows me can tell my Life and Conversation has been as regular as any man's and I am as ready to dye to morrow if occasion was for it I thank God as any one I will receive the Blessed Sacrament upon it and it is not for Life that I would do any thing that is wrong or unjust I do love my Nation and I love the Quiet of the Nation I never was for disturbing the Government that now is and I ever was against Foreign Forces or an Invasion for I never thought of one or heard of it but with Abhorrence and Detestation And I do assure faithfully I shou'd be sorry to disparage Mr. Porter's Evidence because I would have every body that was concern'd in that Horrid and Barbarous Crime to suffer in God's Name let them all suffer I thank God I never knew any thing of it nor of a French Invasion And I would say more of it but that I would not hurt Mr. Porter's Evidence whose Discovery of that Bloody Business has done so much Service As for Mr. Goodman as I hope to receive the Blessed Sacrament and may I perish when I do it if I speak an Untruth I would not for any thing no not for the Good of my Country have Innocent Blood spilt I would lay down my Life to serve my Country but I would not have my Blood be lightly lost and how little a Man soever I am my Blood will lye as heavy upon the Nation as any the weightiest man's can do I do not doubt your Lordship's Justice nor the
be for nothing but for the sake of Truth It has been further said on the behalf of Mr. Cook That he Abhorred the French and any Invasion upon his Country and the like It is a matter that is easily said and it has been said by others that have been in the same Place where he now stands That they hated all Plots and they might punish them if ever they caught them But these are only Sayings and nothing else If there can be any Constructions made of the Evidence given by these two Witnesses that does not directly prove the Indictment then the Prisoner ought to be Acquitted But if there can be no other Construction made but only That there was a plain Design to send Chernock into France to King James to perswade him to prevail with the French King to come and Invade us with a Foreign Force And if our Witnesses are Legal Witnesses as I doubt not my Lords the Judges will tell you they are if there be no Exception to the Credit of Goodmen but only that he was in such a Design of Poysoning the two Dukes which is really no Objection of Discredit to his Testimony then with Submission I think there is no room left for you Gentlemen of the Jury to doubt but that the Prisoner is as Guilty of this Crime laid to his charge as any others that have been Try'd and Condemn'd for the same And so Gentlemen I leave it to you L. C. J. Treby Mr. Conyers and Mr. Cowper will you say any thing to this matter Mr. Conyers and Mr. Cowper No my Lord we submit it entirely to your Lordships Direction we have done on all sides we think L. C. J. Treby Gentlemen of the Jury the Prisoner at the Bar Mr. Cook stands indicted here for High Treason there are laid in the Indictment two sorts of Treason the one is Compassing and Imagining the Death of the King the other is adhering to the King's Enemies The Evidence to prove these Treasons seems to be joynt for as to that of Compassing and Imagining the King's Death as well as to the other the Overt Acts are meeting and consulting about the Treason and then agreeing and resolving to invite and procure an Invasion from France and to meet that Invasion with an Insurrection here And the Evidence is apply'd entirely to prove these Acts. Gentlemen that these are proper Overt Acts of Compassing the King's Death I need not inform you the Law is very well known and the Prisoner's own Councel do acknowledge that these are sufficient Overt Acts of Compassing and Imagining the King's Death So that all which they Defend him by is the Improbability of the Testimony given against him Now Gentlemen you are to consider and weigh well the Evidence that has been given By Law it is true as they observe there must be Two Witnesses Here is no defect of Number that 's acknowledg'd too here are two Witnesses but the Question is whether here be two Witnesses that deserve Credit and upon whose Testimony you can find that the Prisoner is Guilty The Witnesses Gentlemen are Mr. Porter and Mr. Goodman First For the matter of their Testimony it is positive from them both that you 'll do well to observe Mr. Porter tells you That 〈◊〉 May last which is now just a Twelve-month there was a meeting of Eight Persons that is my Lord of Ailesbury my Lord Montgomery Sir John Fenwick Sir William Parkyns Sir John Friend Mr. Chernock Mr. Cook the Prisoner at the Bar and the Witness himself Mr. Porter and this was at the Kings-head Tavern in Leaden-hall-street and there these Eight dined and this was in order to consult about an Invasion together with an Insurrection intended to be made for the Restoring of the late King After Dinner comes in Mr. Goodman he says and then they pursued this Consultation and came to a Resolution to send Mr. Chernock into France and the Message was agreed upon which he should carry and he was to go to the late King and sollicite him to obtain 10000 Soldiers from the French King whereof 8000 should be Foot 1000 Horse and 1000 Dragoons These were to make up the 10000 men to invade this Kingdom And they resolved also when this Force should land they should meet and assist this Invasion with a joynt Force that should consist of 2000 Horse And to Acquaint and Assure him of this was the Message But he says That Mr. Chernock was very cautious in it and would not presently go upon this Errand but he would have further Assurance that they were in earnest and would make good what they did send him to propose therefore he would have a second meeting a second meeting was had that was at Mrs. Mountjoy's Tavern and there they did renew the same Resolution and there were present my Lord of Ailesbury Sir William Parkyns Sir John Fenwick Sir John Friend Mr. Chernock the Prisoner at the Bar and himself he does not know or remember whether my Lord Montgomery or Mr. Goodman was there He says Mr. Chernock did accordingly go into France and he did return and bring back King James's Thanks to them but their Desire could not be comply'd with and he had his Share of the Complements Now comes Mr. Goodman he says That about the same time viz. Mid-May Mr. Porter acquainted him there would be a meeting of some of K. James â—s Friends at this Tavern in Leaden-hall street He says That he did tell Mr. Porter he doubted he should not be there at Dinner but he would come as soon as he could after Dinner and according to appointment he did come after Dinner and there was this Consultation and Resolution that Mr. Porter speaks of and says That Mr. Chernock afterwards told him he had been in France with the late King and brought back the same Answer that Mr. Porter speaks of and he had the Honour of Thanks from the late King too Gentlemen I must observe one thing to you which does go very much towards the confirming what these Witnesses say and that is the Agreement in their Testimonies tho they were examin'd Apart at the Desire of the Prisoner You will find they agree in these several Circumstances in the Time that it was this time twelve-months in the Place that it was at this Tavern in the Number of Persons that were there which was Eight before Mr. Goodman came in in the number of Horse Foot and Dragoons that were to be brought from France and in those Horse that were to meet them here and besides in those words of Discourse upon the Consultation and the Resolution And there is one Circumstance more in which they do agree and which is very particular That when they came to deliver their Consent to this Message that Mr. Chernock was to carry the rest sate and Mr. Cook the Prisoner did kneel upon the Chair and lean'd upon the Table And this both of them do agree in
And after all the many Questions ask'd in their separate examination I do not find they disagree in any Part of their Evidence So that Gentlemen there can remain no Question now but Whether these two Witnesses are men of Credit or whether there has been opposed to them any such Evidence as will make you believe that if not both at least one of them has forsworn himself They do produce nothing against Mr. Porter whatsoever may have been produc'd at former Tryals against his Credit Perhaps what has been before has satisfied the Objectors there is nothing appears against his Credit but he is not only a Competent but a very clear good credible and undoubted Witness But against Mr. Goodman they offer several things which they say amount to a violent Presumption that he is not to be look'd upon as a credible Witness And first they produce a Record of a Conviction upon an Information against him for attempting to poison two Noble Dukes This he was convicted of and fin'd 1000 l. and ordered to find Sureties for his good Behaviour during his Life But to this it is answered that it appears in the same Record that Satisfaction was acknowledged of the 1000 l. and all the rest of the Judgment the very next Term and he was forthwith discharged and that without paying the Mony which 't was observ'd the Prisoner's Counsel said Mr. Goodman was not able to pay at that time no more than he could 20000 l. and thereupon the King's Counsel say that the Government was convinc'd that he was wrong'd by a causeless Prosecution and the Evidence against him was found not to be credible And besides Mr. Goodman stands pardoned by several Acts of Pardons as well as other Subjects Then they produce one Edwards who is a Prisoner here and committed for Suspicion of High Treason and for Treasonable Practices He is no doubt of it a Witness for all that For that is but an Accusation upon him and does not take away his Credit He tells you of a Discourse that he had with Mr. Goodman and that Goodman ask'd him when the Prisoner was to be try'd and he told him he wou'd be try'd such a Day and when it was ask'd what it was for it was answer'd not for the Assassination but for sending Mr. Chernock into France He ask'd then who were the Witnesses against him Mr. Goodman said Mr. Porter and himself And further said that he understood that Mr. Cook had sworn against him though he would give an Account of no body else and had no Pardon and either he must hang or himself And then he talk'd lightly of the Business of hanging and said it was a foolish thing to be hang'd for all that People wou'd say was that such an one hang'd handsomly or dyed bravely This indeed is a sort of Discourse as if Mr. Goodman did apprehend himself in Danger from Mr. Cook 's Evidence and yet I cannot see that it does at all falsifie the Evidence of Mr. Goodman He may be a true Witness and yet he might say he was to give Evidence against Mr. Cook and it was in Mr. Cook 's Power to give Evidence against him and that truly and if both were in the Guilt they were in Danger of one another But for a further Answer the King's Counsel have produced Mr. De-la-rue who says that he knew Mr. Edwards and that he was a Scotch Man and reputed Chaplain to the Viscount of Dundee that he went formerly by the Name of Dowglas and by that Name he was set down and described in the List that Mr. Chernock sent to Captain Porter and to that Name he answer'd in the Press-yard lately Now it is certain that Mr. Chernock's putting of his Name in that List is no Evidence of his being guilty in Mr. Chernock's Treason But his going by two Names doth justly lay him under some Suspicion But the Evidence that the Prisoner seems to rely upon most is what Evidence has been produc'd against Mr. Goodman in that Point of Fact by the Master and the two Drawers the first of the Drawer's Name was Crawford and he does tell you that about 12 Months ago there was this Company at Dinner there My Lord of Aylesbury my Lord Montgomery Sir John Friend Sir John Fenwick Sir William Parkyns Captain Porter Mr. Chernock and the Prisoner though he did not then know his Name or the Name of one or two more of them I observe by the way that his Testimony so far does verifie theirs that there were eight of them there but he says he did not see Mr. Goodman there nor any but those that dined there And my Lord of Aylesbury went away as he thinks about four a Clock He cannot say that the Prisoner was there or was gone at that time before Mr. Goodman came in for he did not see Mr. Goodman there at all he was not in the Room all the time but he was to and fro attending till my Lord of Aylesbury and my Lord Montgomery went away in a Coach that was called and when they were gone the rest of the Company staid there a good while being urged to tell how long at last he said it was dark and that agrees with Mr. Porter who says it was about nine a-Clock when they went away He says he was there once or twice after my Lord of Aylesbury went away but he never saw Mr. Goodman that he remembers at all till last Saturday in all his Life As to this the King's Counsel say that it is only a negative Evidence and in which a Man cannot be absolutely positive but can only speak according to his Observation and Memory which might not be perfect and Mr. Goodman might be there in the mean time of his going in and out That is possible and so it must be left to you to consider of it Then there is Huntly the other Drawer and he says my Lord of Aylesbury went away about that time and that he did not see Mr. Goodman there at all nor ever in his Life till now neither does he remember that any body came to them after Dinner and if any fresh Man had then come in he thinks he should going often in to them have known him and says that he attended this Company only And he had seen Sir John Friend and Sir William Parkyns there before Then Mr. Cock the Master of the House was produced and he names all the eight Persons that did dine there and so far he confirms the King's Evidence He thinks that my Lord of Aylesbury and my Lord Montgomery went away privately as it seems they had come in a Hackney Coach and that it was about 4 a-Clock and he says he did not see Mr. Goodman there and he does not know that he ever saw him till now But when he was cross examined by the King's Counsel he does acknowledge that he might possibly come in after Dinner and before my Lord of Aylesbury went away and
he not see him because he was not there all the time he says Sir John Friend used to dine at his House and came to his House once a Week and he had seen some of the rest but they did not frequent his House as Sir John Friend did He says the Company din'd about 2 a-Clock and the last of them staid till about 8 or 9 and that the Door was shut as is usual when Company is in a Room but no body was forbid to come there But to establish the Credit of the Evidence on the King's part they did produce Mr. Goodman and Mr. Porter again Mr. Goodman does acknowledge so far to be true that my Lord of Aylesbury went away first but says that himself was not wholly a Stranger to this House for he had dined there four or five times with Sir John Friend and particularly one time he being sick and asking for some Brandy the Master of the House said he would help him to some of the best in England and Mr. Goodman would have bought some of him But the Master seems not to own that and says he does not remember any thing of it But then comes Mr. Porter again and he says positively that Mr. Goodman was there and that he did speak with the Company and complemented my Lord of Aylesbury when he went away and went part of the way towards the Stairs with him and he does well remember it by this Token that when Mr. Porter was told Mr. Goodman was below he mentioned him in the Company as a trusty Man that was fit for the Conversation and then Mr. Porter went and fetch 't him up and Mr. Goodman was there near two Hours and they discours'd all this matter in that time in the Presence of the Prisoner and the rest and he says it was about six a-Clock before my Lord of Aylesbury and my Lord Montgomery went away and then there was Opportunity enough for this Discourse and Consult that they speak of The Prisoner has offered another sort of Evidence First the Confidence of his own Innocence that he was abroad three Weeks after this Conspiracy was discovered and they have produced Mr. Treganna Mr. Peachy and Mr. Nichols who prove that he never absconded but was abroad and appeared openly for three Weeks after till such time as he was taken This the King's Counsel say is no proof that he is not Guilty and their Evidence untrue They say he might have a Confidence and the rather because he is not charged with the Assassination for at that time these Witnesses speak of nothing was discovered and publick but the Assassination for it was before Sir John Friend's Trial and then was the great Discovery of the Secret of the Invasion Then he shews further as to his Conversation that he is a Man of a very sober Life never was known to Swear that he Drinks but little and is a Godly Man and often says his Prayers As to that the King's Counsel on the other side tell you that has been pretended to by other People too and the Question is not about Religion but this Fact that you are now to try Whether he be so Religious or no as he pretends or whether he be Sincere in his Devotion that is not so much the matter now but the Question is whether he has offended in this Kind as he stands Accused They produce a Gentleman one Mr. Hammond and he says that he is a very Consciencious Man and particularly is a great Lover of his Country and he has often heard him declare a Detestation of an Invasion by a French Force and wish Success to the Fleet but that which he remembers chiefly was about the time of the Discovery of this Plot. The King's Counsel answer to this that a man may use such kind of Expressions perhaps to Cover his Guilt and in the Reply to Sir Barth Showers Observations it was taken notice of by Mr. Solicitor what we all cannot but remember that the like Evidence was given as to Sir John Friend that he did detest an Invasion and was present at the Common Prayer when King William was pray'd for and declared against Plots and that if they catched him in the Corn they might put him in the Pound These things a man might say and it is the lightest Evidence that can be given being Discourses out of Mens own mouths who will never proclaim their own Guilt and therefore it is the weakest Defence that can be offered But Gentlemen you are to consider the other Evidence that has been produc'd by the Prisoner given by several Witnesses and who are upon their Oaths now as well as the King's Witnesses And his Counsel say their Witnesses but particularly the three upon whom they chiefly rely have no Objection made out against them and no man's Testimony ought to be Presumed to be false And it must be taken notice of that they can speak only according to their Belief grounded on their Observation and Memory that they did not so far as they observed or remember see Mr. Goodman there as 't was most probable they should if he had been But 't is possible they might overlook or forget the rather for that they were not of the Company but in and out up and down and Mr. Goodman was not there at Dinner when their Attendance was fixt and constant It ought to be considered also that here are several Circumstances some of which seem very pregnant It is agreed on all hands that the Prisoner Dined there with those other seven persons concerning Four of whom we must conclude nothing but concerning three of them we in this Court may take notice they are Attainted of High Treason and so it is evident that the Prisoner was for a long time a Companion of three Traytors and had a Conversation with them I do not find that he had any Occasion to be there nor any of the rest of the Company Concerning my Lord of Aylesbury indeed it is said he proposed to treat about a Hogshead of White Wine But that seems to be casual and not the end of his coming and Dining with this Company there But be that how it will that relates to his Lordship alone But for the others I do not find they do pretend any Occasion of meeting there and therefore it leaves it the more suspicious And 't is the more so because it was managed so privately and cautelously They were not attended according to their Qualities The Lords went away together in a Hackney-Coach that was called as they had come thither in another The rest thought fit to stay there till it was dark and as soon as it was so went away There was some extraordinary Cause for all this It did import the Prisoner to shew that it was for some good Cause and Purpose And further it is observable that this House was a place which as the Master says none of this Company did use to resort to
except Sir John Friend which makes it probable this being a House that Sir John Friend frequented and none of the others that He bespoke this place and brought the rest thither And if it were so that makes it more probable that there was such a Treason there to be hatch'd as is evidenced by the King's Witnesses for you may remember and it appears by the Record in this Court that Sir John Friend was indicted and attainted not for the Assassination but for the Treason for which the Prisoner is now a trying an Invasion that was to be supported with an Insurrection Now if Sir John Friend was chiefly acquainted with this House and brought this Company together it is very probable it was about this business which Sir J. Friend was so concerned in And that he is Attainted for it appears upon the Record before us which should be read but that the Prisoners Counsel admit it and are so far satisfied in it that they won't Arraign the Verdict nay they did acknowledge that there was a Plot and there was no doubt of it there was such a Plot. Now then Gentlemen here it is certainly proved by these two Witnesses and not gainsaid by the Prisoners own Witnesses that there was such a Meeting and that the Prisoner was there and they both have positively Sworn that this Treason was committed there You have heard what has been objected to their Credit they have delivered their Testimony upon their Oaths and so Gentlemen are you upon your Oaths If you are satisfied and can take it upon your Consciences that these two Witnesses are or any one of them is forsworn if such distinction can possibly be made in this case then you are to acquit the Prisoner but if you are satisfied and think they have sworn true you are to find him Guilty Mr. J. Rokeby Nay if one be forsworn both are for the Evidence is entirely in all parts the same and if Mr. Goodman be perjured Mr. Porter is so too Sir B. Shower Forsworn and Perjured are hard words we only say mistaken Mr. J. Rokeby Well that Objection goes to one as well as t'other L. C. J. Treby It must be so since they speak of the same joint matter viz. their being together in Company If Mr. Porter says true when he swears that Mr. Goodman was there with him and the rest Mr. Goodman must say true when he swears that he was there with Mr. Porter and the rest There was one thing that I forgot Sir B. Shower observed that it might be an Invention of Captain Porter because he fixeth it in point of time to the Month of May that he does not say it was in April for that then it would be within the Pardon which extends to April 29. last year nor would he lay it in June for then he was in Newgate and others of them were disperst by reason of a Riot committed in Drury-lane and so there was no Month left but May And this Sir B. Shower alledges was a piece of Skill and Contrivance But really this is a piece of Ingenuity in himself For besides that the King's Witnesses affirm positively that it was in May and remember it by a certain token viz. That it was within a very few days after the King went beyond Sea one or two of the Prisoner's Witnesses Crawford I am sure did say that this Meeting was this time twelve-month and you know we are now near mid May. Mr. Serjeant Darnall If you believe our Drawers for part you must believe them for all Mr. Att. Gen. No not so My Lord speaks only where they concur with our Evidence It were strange to expect we should disbelieve or doubt what the Witnesses on both sides affirm to be true But I do not think it would be to the Advantage of the Prisoner if what his Counsel proposeth were agreed to viz. that the Drawers and their Master too should be believed for All they say provided equally that the King's Witnesses should in like manner be believ'd for what they say For the main thing controverted is whether Mr. Goodman were at this Meeting These Witnesses for the Prisoner say they did not see him there at least they do not remember it Mr. Porter and Mr. Goodman himself say he was there Now these things agreed and admitted would make a very consistent clear Evidence that Mr. Goodman was there though the Master and Drawers did not observe or do not remember his being there Then an Officer was sworn to keep the Jury who withdrew to consider of their Verdict and about three quarters of an Hour after they returned into Court Cl. of Arr. Gentlemen answer to your Names Henry Sherbrook Mr. Sherbrook Here And so of the rest c. Cl. of Arr. Are you all agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Set Peter Cook to the Bar which was done Peter Cook 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 Arr. What Goods or Chattels Lands or Tenements had he at the time of the Treason committed or at any time since Foreman None to our Knowledge Cl. of Arr. Then hearken to your Verdict as the Court has recorded it You say that Peter Cook is guilty of the High Treason whereof he stands indicted but that he had no Goods or Chattels Lands or Tenements at the time of the High Treason committed or at any time since to your Knowledge and so you say all Jury Yes Cl. of Arr. Gentlemen the Court dismisses you and thanks you for your Service Then the Court adjourned till 5 a-Clock in the Evening Post Meridiem About six a-Clock the Court being by Proclamation Resum'd the Prisoner convicted was brought to the Bar in order to Judgment Cl. of Arr. Peter Cook hold up thy Hand which he did thou stand'st convicted of High Treason for compassing and imagining the Death of his Majesty King William the Third and for adhering to the King's Enemies what canst thou say for thy self why the Court should not give thee Judgment to dye according to the Law Cook My Lord Mayor my Eyes are very bad therefore I desire your Lordship would be pleased to take this Paper and that it may be read Cl. of Arr. Have you any thing to say in Arrest of Judgment Cook I desire my Paper may be read It was handed up to the Court and then delivered down to Mr. Att. General and the King's Counsel but not openly read Mr. Recorder Mr. Cook the Court have read your Paper you sent up and have communicated it to the King's Counsel if you have any thing to move in Arrest of Judgment this is your time and we will hear you but as for any Representation of your Case to any others that must be considered of afterwards you are now called to