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
you a Question Were you in the Room at any time after Dinner Cock Yes I was Sir Mr. Conyers Pray Sir how many times after Dinner were you there Cock I believe half a dozen times Mr. Sol. Gen. And yet you do confess that Mr. Goodman might come in after Dinner before my Lord of Aylesbury went and you not see him Sir B. Shower Ay but he could not stay there without his seeing him if he was so often in the Room you don't take Mr. Cock's Evidence right Mr. Att. Gen. You named Eight Persons that Dined at your House Did you know them all personally before that day Cock Yes my Lord the most of them at least Mr. Att. Gen. Did they use to meet at your House Cock Commonly Sir John Friend did once a Week Mr. Chernock I knew when I was a Drawer and so I did Sir William Parkyns The rest knew by hearing their Names Mr. Att. Gen. Did you know them before that Day Sir I ask you Cock I had seen Captain Porter several times before that Day but I cannot say at my own House Sir B. Shower Do you remember the Treaty about the Hogshead of White-wine Cock Yes Sir very well Sir B. Shower Were you by when my Lord of Aylesbury went away and spoke with him about it Cock Yes I was and told him I hoped he would buy the Wine still Sir B. Shower Can you be positive that any body was there before my Lord of Aylesbury went away that cou'd stay there any time and did not Dine there Cock I believe not Sir for I came in half a dozen times after Dinner and I believe if I had heard Mr. Goodman's Name or seen him there I shou'd have remembred it but I did not see any body but those that Dined there Mr. Cowper Where was you when my Lord of Aylesbury went away Where did you meet him going away Cock Upon the Stairs seeing my Lord of Aylesbury and my Lord Montgomery coming down I met them Mr. Cowper Where did you meet them At the middle or the top of the Stairs Cock My Lord of Aylesbury was at the top of the Stairs Mr. Cowper Did you meet him just coming out of the Room Cock Yes Sir I saw the Coach that was called for my Lord and so I went up Stairs and met my Lord at the top of the Stairs coming down Mr. Sol. Gen. Now how can you be positive who was in the Room when he came out of the Room Cock I went up into the Room after my Lord of Aylesbury went away Mr. Sol. Gen. How long after my Lord of Aylesbury went away Cock It was presently after Mr. Sol. Gen. How long before my Lord of Aylesbury went away had you been in the Room Cock I had been there just before Mr. Serj. Darnall Call Thomas Peachy Who appeared and was Sworn Sir B. Shower My Lord we shall prove that after the Plot broke out and after Mr. Porter had made his Discovery there was no disturbance of Mr. Cook 'till a good while after Chernock's Trial and Mr. Cook was so far from being sensible or conscious of any guilt that he never absconded but continued for three weeks in his Father's House where he was taken by a Messenger Pray Mr. Peachy will you tell my Lord and the Jury where Mr. Cook was taken and when and by whom Peachy He was taken at his Father's House by a Messenger about seven a Clock in the morning Sir B. Shower What day of the Week was it he was taken Peachy Upon a Sunday morning in his own Room in his Father's House at seven a Clock in the morning Sir B. Shower Did People come to him as they used to do Peachy Yes and he went frequently abroad as he used to do and did never abscond from his Father's House Mr. Serj. Darnall Pray Swear Mr. Treganna Which was done Sir B. Shower Mr. Treganna pray do you remember how long after the Plot broke out did you see Mr. Cook Treganna After Mr. Chernock's Trial a Week he was at my Chamber after the Plot broke out he was concerned in a Trial at Winchester Assizes upon an Issue out of Chancery Mr. Nicholls was the Clerk in Court and went down to manage it at the Assizes and Mr. Cook came to me a day or two after Winchester Assizes was over and ask'd me if I had any news from the Assizes This was long after the Plot broke out and I remember particularly that I saw him twice after the Plot was discovered at my Chamber Sir B. Shower Swear Mr. Nicholls Which was done Sir pray will you tell my Lord and the Jury what you know of Mr. Cook 's appearing abroad after the Plot was discovered Mr. Nicholls I was sent down to the Trial I was present and did attend at two Trials indeed and I suppose Mr. Baron Powis may remember that I attended at two Trials at Winchester Assizes Mr. B. Powis Possibly you might Sir I can't tell all the Attendance at the Assizes Mr. Nicholls And after my return from Winchester Assizes Mr. Cook was with me several days both at my Office and Chamber and at his Father's Office and I remember particularly that he threatned me that I was in trouble when I was at Winchester and therefore I remember it very well Sir B. Shower Mr. Nicholls you know Mr. Cook very well pray what are his Morals Mr. Nicholls Upon occasion of the Cause in Chancery that went to Trial I have had the knowledge of Mr. Cook five or six years I always believed him to be as temperate a man as ever I met with I think in five years time I was not above once with him in a Tavern Sir B. Shower Did you ever hear him Swear Mr. Nicholls No never nor vent a Curse I believe he drank as little as any man and was as godly a man I never heard him speak a foul word Sir B. Shower How do you know that Sir that he was so godly a man Mr. Nicholls Upon occasion of this Cause I was several times at Sir Miles Cook 's and at Mr. Cook 's Lodgings there and we were to go about Business and after he was drest he has made me stay while he went into his Closet and said his Prayers And he told me further that he never went out of his Father's doors without saying his Prayers and I was forc'd to stay at the door while he perform'd his Devotions as he told me and I believe he did Mr. Serj. Darnall Now my Lord we will call some other Witnesses to prove his good affection to his Country how he continually desired success to the Fleet and to the Army Sir B. Shower So that really he had an aversion to it Swear Mr. Hamond Which was done Mr. Serj. Darnall Pray Sir will you give an account what you know of the Prisoner concerning his Judgment and concerning his Morals Hamond I have been for some time acquainted with Mr. Cook
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
Cl. of Arr. John Cullum Cook Sir Are you a Freeholder in London Mr. Cullum Yes Sir Cook I challenge you Cl. of Arr. John Cox Mr. Cox My Lord I am no Freeholder in London Cl. of Arr. John Hedges Cook Hold I pray Sir let me look upon my Paper Sir Are you a Freeholder in London Mr. Hedges Yes Sir I am Cook I challenge you Cl. of Arr. Thomas James Mr. James My Lord my name is not Thomas Mr. Sh. Buckingham He is returned it seems by a wrong name we did not know it Mr. Serj. Darnall Then you cannot swear him Cl. of Arr. Thomas Poole Cook Are you a Freeholder in London Sir Mr. Poole Yes Sir Cook I challenge him as being of Sir John Friend's Jury Mr. Att. Gen. That has been over-ruled already Cook I challenge him Cl. of Arr. Peter Parker Cook Are you a Freeholder in London Mr. Parker Yes Sir I am Cook I challenge you Sir as being one of Sir John Friend's Jury Mr. Baker Nay you can't offer it again Cook I challenge him Cl. of Arr. George Grove Cook Where is he Are you a Freeholder in London Sir Mr. Grove Yes Sir Cook I challenge you Cl. of Arr. Nathanael Wyersdell Cook Are you a Freeholder in London Mr. Wyersdell Yes Sir I am Cook I challenge you Sir Cl. of Arr. Samuel Blewit Cook Hold pray Are you a Freeholder Sir Mr. Blewit Yes I am Cook I challenge him Cl. of Arr. John Wolfe Cook I challenge him Cl. of Arr. Joseph Wolfe He did not appear and was said to be no Freeholder Cl. of Arr. William Smith Cook Are you a Freeholder Sir Mr. Smith Yes I am Cook Sir I challenge you Cl. of Arr. Edward Fenwick Cook Are you a Freeholder Sir Mr. Fenwick Yes Sir I am Cook I do not challenge him Cl. of Arr. Then swear Mr. Fenwick Which was done Benjamin Hooper Cook Stay Sir pray stay a little where is he Cl. of Arr. There he is Sir Cook Which is the Gentleman Are you a Freeholder in London Sir Mr. Hooper Yes Sir Cook I challenge you Mr. Hooper I thank you Sir Cl. of Arr. Nathanael Long. Cook Are you a Freeholder Sir Mr. Long. Yes Sir Cook I challenge him as being of Sir John Friend's Jury Cl. of Arr. The Court has adjudged that no cause of Challenge therefore I take no notice of it but as a peremptory Challenge Cl. of Arr. Richard Chiswell Cook Are you a Freeholder in London Sir Mr. Chiswell Yes Sir Cook I challenge you Cl. of Arr. John Child Cook Hold pray a moment I have not crost these last in my Paper but I challenge this man being of Sir John Friend's Jury Mr. Baker You have had that answer'd over and over again as no objection it is nothing but a peremptory challenge Cl. of Arr. William Walker Mr. Walker I was one of Sir John Friend's Jury Cook I challenge him for the same Reason Mr. Att. Gen. But that is no Reason at all Cook Then I challenge him Cl. of Arr. John Wells Cook Sir Are you a Freeholder Mr. Wells Yes Sir I am Cook Sir I challenge you Cl. of Arr. John Hibbert Cook Which is he Sir Cl. of Arr. He stands upon your left hand the Man in the Black Peruke Cook Are you a Freeholder Sir Mr. Hibbert Yes I am Sir Cook I challenge him Cl. of Arr. Daniel Wray Cook Stay Sir are you Mr. Wray Mr. Wray Yes Sir my Name is Wray Cook Are you a Freeholder in London Sir Mr. Wray Yes Sir Cook I challenge you Mr. Wray I thank you Sir Cl. of Arr. John Pettit Cook Which is he Mr. Pettit I am the man Sir Cook Are you a Freeholder in London Sir Mr. Pettit Yes Sir Cook I challenge you Cl. of Arr. John Sherbrook Cook I challenge him as being one of Sir John Friend's Jury Mr. Baker But you have heard that denied to be an Exception over and over Cook I challenge him Cl. of Arr. Stephen Blackwell Cook Are you a Freeholder Sir Mr. Blackwell Yes I am Cook I challenge you Cl. of Arr. William Hatch Cook Pray give me time to mark them pray who is this man you now call Cl. of Arr. William Hatch Cook Sir Are you a Freeholder Mr. Hatch Yes I am Cook Sir I challenge you Cl. of Arr. Henry Beadle Cook Are you a Freeholder Sir Mr. Beadle Yes I am Cook I do not except against him He was sworn Cl. of Arr. John Stredwick Mr. Stredwick My Lord as I apprehend I am no Freeholder L. C. J. Treby Why do you apprehend so Mr. Stredwick It is my Wife's Estate not mine Cl. of Arr. Then you Wife has a Freehold it seems Mr. Stredwick Yes she has L. C. J. Treby That is Freehold enough for you have an Estate for your Wife's Life Mr. Baker And after that too for it is not given over to any Body else and she won't give it from him Cook Sir are you a Freeholder in London or no Mr. Stredwick I apprehend Sir I am not Mr. Baker He says he has an Estate for his Wife's Life Cl. of Arr. Then he is a Freeholder What do you say to him Cook Are you positive you are a Freeholder in London upon your Word Mr. Stredwick I think not Mr. Baker Why your Wife's Estate is your's for your life Cook My Lord Chief Justice if your Lordship pleases here is a man that says positively he thinks he is not Freeholder I desire your Lordship's Judgment Whether he be a Freeholder or not L. C. J. Treby Why let him put his Case if he make a doubt of it Mr. Stredwick I am not possest of any Estate my self L. C. J. Treby But is not your Wife an Inheritrix Mr. Stredwick Yes my Lord she is L. C. J. Treby Then you are seized of a Freehold in her right and Mr. Cook your own Council will tell you and satisfy you that that is a Freehold sufficient for this service Mr. Baker His Wife's Father settled it upon her and her Heirs L. C. J. Treby No question it is a sufficient Freehold if the Wife be living Mr. Baker Yes she is Cook I challenge him Cl. of Arr. William Prince Cook I challenge him as being of Sir John Friends Jury Mr. Prince I thank you Sir Cl. of Arr. John Simmons Mr. Att. Gen. We challenge him for the King Cl. of Arr. Robert White Cook Are you a Freeeholder Sir Mr. White Yes I think so Cook Pray tell me whether you are or not Mr. White Indeed I think so Sir Cook I challenge him Cl. of Arr. Edward Brewster Cook Where is Mr. Brewster Are you a Freeholder Sir in London Mr. Brewster Yes Sir Cook I challenge him Pray Sir I desire to know how many I have challenged Mr. Baker You have challenged Thirty three Cook How many besides those that are of Sir John Friend's Jury Mr. Baker You have but Two more to challenge Sir Mr. Serj. Darnall I thought you had heard the Opinion of the
Jury that found the Bill against me Mr. Parker No Sir Cook I challenge you Cl. of Arr. William Wilkinson Mr. Wilkinson My Lord I am no Freeholder in London To which he was sworn Cl. of Arr. Henry Mitchell Cook Hold Sir here Thomas Man in my Pannel is next Cl. of Arr. There is Oath made that he is sick in Bad. What say you to Mr. Mitchell Cook Sir have you a Freehold of 10 l. a year in the City of London Mr. Mitchell No Sir To which he was sworn Cl. of Arr. Richard Ryder Cook Sir Have you a Freehold of Ten pound a year in the City of London Mr. Ryder Yes I have Sir but I live in a Parish that never serve upon any Juries nor ever did in the memory of any Man Cl. of Arr. But have you a Freehold of 10 l. a year Mr. Ryder Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Ryder No Sir Cook Sir I challenge you Cl. of Arr. Richard Temple Mr. Temple My Lord I am no Freeholder To which he was sworn Cl. of Arr. Peter Walker Cook Sir are you a Freeholder of the City of London of Ten pound a year Mr. Walker Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Walker No Sir Cook I challenge you Cl. of Arr. Thomas Pistol Mr. Pistol I am no Freeholder To which he was sworn Cl. of Arr. John Hunt Mr. Hunt My Lord my Name is mistaken my Name is William Hunt L. C. J. Treby Then you must go on to another Cl. of Arr. John Hardret Mr. Hardret I am no Freeholder of 10 l. a year To which he was sworn Cl. of Arr. John Hammond Cook Are you a Freeholder Sir of 10 l. a year in London Mr. Hammond Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Hammond No Sir Cook I challenge you Cl. of Arr. John Cooper Cook I accept of him He was Sworn Cl. of Arr. Josselin Roberts Cook Sir are you a Freeholder within the City of London of Ten pound a year Mr. Roberts Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Roberts No Sir Cook I challenge you Cl. of Arr. Jonathan Micklethwait Cook I have nothing to say against him He was sworn Cl. of Arr. Richard Chiswell Cook Sir are you a Freeholder within the City of London of Ten pound a year Mr. Chiswel Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Chiswell No Sir Cook I challenge you Cl. of Arr. Joseph Thompson Cook Sir are you a Freeholder of the City of London of Ten pound a year Mr. Thompson Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Thompson I was Returned upon the Grand Jury but did not serve Cook I challenge you Cl. of Arr. Edward Brewster Cook Sir Are you a Freeholder of the City of London of Ten pound a year Mr. Brewster Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Brewster No Sir Cook I challenge you Cl. of Arr. George Gooday Mr. Gooday My Lord I am no Freeholder To which he was sworn Cl. of Arr. Abraham Hickman Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Hickman Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Hickman No Sir Cook I challenge you Cl. of Arr George Grove Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Grove Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Grove No Sir Cook I challenge you Cl. of Arr. Nathaniel Wyersden Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Wyersden Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Wyersden No Sir Cook I challenge you My Lord I desire to know how many I have excepted against Cl. of Arr. One and thirty Mr. Burleigh Write write Cl. of Arr. Samuel Blewitt Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Blewitt Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Blewitt No Sir Cook I challenge you Cl of Arr. John Wolfe Cook I accept of him He was sworn Cl. of Arr. William Smith Cook Sir Are you a Freeholder of the City of London of Ten pound a Year Mr. Smith Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Smith No Sir Cook I challenge you Cl. of Arr. John Bickly Mr. Bickly My Lord I don't look upon my self as a Freeholder L. C. J. Treby Why so Sir Mr. Bickly I have a Lease for One and fifty Years my Lord of my House and there is a very little piece of Ground adjoining to it that was very convenient for me to lay to my Lease there is no way to it but through my House it is a thing that never was let for any thing and it is not worth the Building L. C. J. Treby What Estate have you in it Do you pay a Ground-Rent for it Mr. Bickly My Lord I bought that little piece of Ground for the Conveniency of my Lease L. C. J. Treby But did you purchase it for Term of Years or to you and your Heirs Mr. Bickly Nay I bought it for ever my Lord. L. C. J. Treby Then you have a Freehold in it What 's the Value of it Mr. Bickly Truly very little my Lord. L. C. J. Treby I don't know any Body can judge of the Value of it but your self Is it worth Ten Pound a Year Mr. Bickly My Lord I can't Value it at Ten Pound a Year it never cost me Forty Pound L. C. J. Treby Then for Estate you are well enough but for Value you are a little under Cl. of Arr. Thomas Collins Cook I accept of him He was sworn Cl. of Arr. John Watson He was sworn Cook I do not Challenge him Cl. of Arr. Benjamin Hooper Cook I accept of him He was sworn Cl. of Arr. John Wells Cook Sir Are you a Freeholder of the City of London of Ten pound a year Mr. Wells Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Wells No Sir Cook I challenge you Cl. of Arr. John Hibbart Cook Sir Are you a Freeholder of the City of London of Ten pound a year Mr. Hibbart Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Hibbart No Sir Cook I challenge you Cl. of Arr. Mr. Cook you have challenged your full Number Call Daniel Wray He was sworn Cl. of Arr. John Pettit He was sworn Cryer Countez Henry Sherbrook Cryer One c. Cl. of Arr. John Pettit Cryer Twelve good Men and true stand together and hear your
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
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
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
for any thing more than is material for the Prisoner we say Mr. Goodman was not in the Room where they din'd till those Persons went away if in any particular we disprove him it is sufficient for us if we can shew that he was not there till three of those that he had nam'd were gone away that answers our end We are not concerned if he came at four five or six a Clock and discours'd with Chernock till twelve a Clock at Night Mr. Att. Gen. Pray reserve your Remarks but only observe now what he says that Mr. Goodman came not at all thither and that is more than you pretended to open Mr. Conyers How many were there that were there at dinner Crawf About eight Mr. Conyers How many do you name that you know Crawf My Lord of Ailesbury Sir John Friend Sir John Fenwick Sir William Parkyns and Capt. Porter there were several others two or three more but I did not know their Names Mr. Conyers Did you see Mr. Goodman come in at any part of the Day afterwards Crawf I do not know that Mr. Goodman Mr. Cowper Mr. Crawford you say that for an hour after Dinner you were sometimes in the Room and sometimes out when you were out of the Room were you always in the Passage up to the Room Crawf No I was not Mr. Cowper Cou'd any Man come in or out without your seeing Crawf I should have known him above stairs when I came in again Mr. Cowper Why you say there were two or three above that you did not know Crawf I knew them by Sight if not their Names Mr. Cowper Were you always in sight then Crawf No Sir I tell you I was up and down Sir B. Shower Was there any body came in before my Lord of Ailesbury went out that is any body besides those that din'd there Crawf No. Sir B. Shower My Lord we are not contending now about a Man's comeing up without his knowledge but whether any such Man as Mr. Goodman came up and staid there during the Consultation and we insist upon it there was no body there till my Lord of Ailesbury my Lord Montgomery and Mr. Cook were gone but those that din'd there now I would ask a Question again of him was there any body but who din'd there till my Lord of Ailesbury went away Crawf No there was not Mr. Att. Gen. Why do you say so How do you know that Crawf I did not see any body Mr. Sol. Gen. Did you attend upon other Rooms as well as that at the same time Crawf Yes I did Mr. Sol. Gen. Then how is it possible that he can swear that Mr. Goodman was not there Sir B. Shower Do you remember when my Lord of Alesbury and they went away Crawford It was about Four a Clock Sir B. Shower Were you there in the Room when they went away Crawf I went out with my Lord to the Coach Sir B. Shower Did you see him come down Stairs or did you go up Stairs then Crawf I went up Stairs when the Coach was called Sir B. Shower Was then any body there but such as din'd there Crawf I did not see any body there but those that din'd there Mr. Cowper But my Lord he does not know all that din'd there neither L. C. J. Treby Mr. Crawford you say my Lord of Ailesbury and others went away about Four a Clock pray how long did the rest of the Company stay there Crawf I cannot remember They stay'd there pretty late it is a pretty while ago L. C. J. Treby About what hour did they part Crawf I cannot remember what time the rest went away our House is fuller at Night than at Noon and I waited upon other Companies It was pretty late before they went away that I am sure L. C. J. Treby But he cannot remember whether it were Five or Six or Twelve that they went away only he can remember the Hour of Four that my Lord of Ailesbury and they went away Mr. J. Rokeby Was it Light or was it Dark when they went away Crawford It was Dark L. C. J. Treby Did you attend the Company after my Lord of Aliesbury was gone Crawford I went up and down into that Company as I did into others L. C. J. Treby Was you there several times after my Lord of Ailesbury was gone Crawf Yes I was there once or twice after my Lord of Ailesbury was gone I am sure L. C. J. Treby And did you never see Mr. Goodman there Crawf No I never saw Mr. Goodman in my Life before I saw him on Saturday last Sir B. Shower Which is Mr. Huntley Huntley Here I am Sir Sir B. Shower Pray recollect your self and tell my Lord and the Jury what you remember of any Company that were with Mr. Porter at the King's-Head and who din'd there Huntley My Lord of Ailesbury my Lord Montgomery Sir John Fenwick Sir William Parkyns Sir John Friend Mr. Porter and Mr. Chernock Sir B. Shower That was the Company you say that din'd there Did Mr. Goodman dine there Huntley No Mr. Goodman did not dine there Sir B. Shower Pray Sir recollect your self when did any of this Company part or go away Huntley My Lord of Ailesbury and my Lord Montgomery went away about four a Clock Sir B. Shower Sir how do you know that Huntley I went down Stairs after them I was above Stairs when they parted from the rest of the Company Mr. Serj. Darn Pray mind Sir was Mr. Goodman there at that Time before they went away Huntley No he was not Sir B. Shower Are you sure of that upon the Oath you have taken Huntley Yes I take it upon my Oath he was not there Sir B. Shower Did you attend them at Dinner Huntley Yes I did attend them at Dinner Sir B. Shower Did you attend them all the while they were there Huntley I was call'd frequently and was in and out of the Room very much after Dinner Sir B. Shower Do you think if a fresh Man had come in after Dinner you should not have known him Huntley Yes I should have known him Mr. Att. Gen. Pray Friend let me ask you one Question Was Mr. Goodman there at all that Day Huntley That I don't know I did not see him at all Mr. Sol. Gen. Did you attend upon any other Rooms that Day Huntley No I attended only upon that Company Mr. Sol. Gen. Were you in the Room all the time Huntley No I went up and down Mr. Sol. Gen. What time did the last of the Company go away Huntley It was about Darkish it was pretty Late to the best of my remembrance Mr. Att. Gen. Pray did any body come to those Gentlemen after Dinner Huntley No Sir Mr. Att. Gen. did you ever see Goodman before now Huntley Never in my Life to my Knowledge Mr. J. Rokeby Did all the Company but my Lord of Ailesbury and my Lord Montgomery stay till it was Duskish Huntley
That I don't know Mr. J. Rokeby Did you know all the Company that was that Day at Dinner Huntley I knew all but one Mr. J. Rokeby And who was that Huntley That was Mr. Chernock Mr. J. Rokeby And yet you can't tell whether there was any body else that you did not know how then can you tell that Goodman was not there Sir B. Shower He did not know him at that time but he might remember him afterwards Mr. Conyers Did not the same Company use to meet at other Times at your House Huntl Not to my Remembrance Mr. Con. How then came you if they never had us'd to meet there to know all these People's Names Huntley I have seen Sir John Friend there and Sir William Parkyns Mr. Con. Was Sir John Friend there or no Huntl Yes he was Mr. Con. My Lord he was the only Man that was not nam'd before you did not name Sir John Friend before as I heard but pray did you ever see Mr. Chernock there but at that time Huntley No I did not Mr. Con. How came you to know it was Mr. Chernock Huntl I knew very few of them before that time and I ask'd their Servants the Names of all those Persons that were there Mr. Con. Did you know Mr. Porter pray Huntl Not before that Time I did see Mr. Porter and I knew him again when I saw him his Black told me his Name that Day Sir B. Shower You Huntley I would ask you one Question more was the Door shut or no Huntl No it was not Sir B. Shower Did the Servants go up and down as they us'd to do Huntl Yes Sir Mr. Att. Gen. Sir Bartholomew would make it that there was no Consultation at all Sir B. Shower They wer very mad Folks if they wou'd consult at that Rate with the Door open Pray call Mr. William Cock who was sworn Mr. Att. Gen. Sir John Friend has own'd it that 's dead Sir B. Shower Sir John Friend's Confession is nothing to the Prisoner Mr. Att. Gen. Mr. Serj. Darnall did open that the Confession of those that dy'd was an undeniable Proof of the Conspiracy but go on with your Evidence Mr. Sarj Darn Pray Mr. Cock will you recollect your self about the Time when Cap. Porter and some other Gentlemen din'd at your House W. Cock Yes very well Mr. Serj. Darn Pray Sir can you tell who din'd there at that time W. Cock There were my Lord of Ailesbury my Lord Montgomery Sir William Parkyns Sir John Fenwick Sir John Friend Mr. Chernock Cap. Porter and Mr. Cook Mr. J. Rokeby Was that all the Company W. Cock Yes it was Mr. J. Rokeby One of them said there were Eight L. C. J. Treby and he has nam'd Eight Brother M. Serj. Darn Can you remember when any of the Company went away and who went away first Cock My Lord of Aylesbury and my Lord Montgomery went away in a Hackney Coach and their Servants were frequently in the Room and waited afterwards in another Room after that they had waited at Table at Dinner and tho' the Door was shut as it used to be when any Company is there yet no body was forbid to come there at all Mr. Att. Gen. Do you remember when Mr. Goodman came there Cock I never saw Mr. Goodman in my life before to day Mr. Serj. Darnall Did any body come to this Company before my Lord of Aylesbury went away that did not Dine there Cock I did not see any body there at all and my Lord of Aylesbury was about buying a Hogshead of White-wine but we could not agree about the Price And when my Lord of Aylesbury went away I went down with my Lord and waited upon him to the Coach and I told my Lord I hoped he would buy the Wine still But he answered He could not tell whether he should or no. Mr. Serj. Darnall Who else went with my Lord of Aylesbury Cock My Lord Montgomery I don't remember any body else Mr. J. Rokeby Did all the rest of the Company go away at once Cock Truly my Lord I can't say they did Mr. J. Rokeby By what time did the rest go away Cock I believe it might be Eight or Nine a Clock Mr. Serj. Darnall You saw my Lord of Aylesbury when he parted Was Mr. Goodman there then Cock I did not see him Mr. B. Powis Did Mr. Cook stay till the last Cock That I can't tell truly Mr. B. Powis I find they all Swear to Four a Clock of my Lord Aylesbury's going and go no further Mr. Att. Gen. Pray Sir let me ask you a Question or two Did you ever see Mr. Goodman before now Cock No I do not remember I did Mr. Att. Gen. When you went into the Room after Dinner did you look about the Room to see whether there were any new Company Cock I did look about the Room several times and so did my Servants to see if there were any thing wanting Mr. Att. Gen. Can you take it upon your Oath that he was not there whilst my Lord of Aylesbury staid Cock I do and can take it upon my Oath he was not Mr. Att. Gen. Then if you can pray distinguish the time when he came in Cock I do not remember that ever I saw him in my Life before to day Mr. Att. Gen. Why are you not as positive that he was not there at all as that he was not there before my Lord of Aylesbury went away Cock He might come in and I not see him Mr. Att. Gen. Might he not as well come in before they went away as after to come in and you not see him Cock No I do not think he cou'd Mr. Att. Gen. Why do you think so Cock Because the Servants were all about and they did not go to Dinner till two a Clock and I believe those Gentlemen that I named came in a quarter of an Hour's time to Dinner Mr. Att. Gen. We do not say he came there before Dinner but cou'd he not come in after Dinner before my Lord of Aylesbury and my Lord Montgomery went away without your seeing him Cock Yes Sir Sir B. Shower Then heark ye Sir I wou'd ask you one Question Did you see him upon your Oath or not Cock No I did not Sir B. Shower Might not Mr. Goodman come in to them without your seeing him Cock It is possible but I don't think it was so Mr. J. Rokeby How then can you be positive that he was not there till my Lord of Aylesbury went Mr. Sol. Gen. You say you may be positive he was not there before my Lord of Aylesbury went Can you be as positive now that he was not there before Mr. Cook went Cock I do not know when Mr. Cook went Mr. Sol. Gen. How can you be then positive he was not there before my Lord of Aylesbury went Cock There were no more than what Dined there when my Lord of Aylesbury went away Mr. Conyers Pray Sir let me ask
the Prisoner at the Bar and to the best of my observation I always took him to be a Conscientious Man and I have heard him declare great detestation of a French Force and three or four days before he was taken into Custody I ask'd him what he heard of Intelligence he said he heard what was in the publick Prints and heard no more and knew no more and he had a great abhorrence of the Conspiracy and thought it a very monstrous thing I never heard him speak a disrespectful word of the King's Person or Government in my life And I say again I have heard him several times declare in common Conversation that he had an aversion to a French Power and he had a dread of it Mr. Serj. Darnall What have you heard him say about our Fleet or Army Hamond My Lord I have heard him very much wish Prosperity and Success to our Fleet. Mr. J. Rokeby What Fleet pray Sir Hamond To our Fleet King William's Fleet against the French things to this purpose he has frequently said Mr. Serj. Darnall Then Swear Mrs. Hunt Which was done but she was not Examined Sir B. Shower My Lord we leave it here but I must beg the favour that if they give any new Evidence and there be occasion we may have liberty to answer it And I have an Observation or two to make when the Evidence is over Mr. Att. Gen. My Lord if they have done with their Evidence I beg leave to observe that there is something arises upon that Evidence that will give us occasion to call a Witness or two more My Lord the first Witness which they call was Edwards and he is in Custody upon suspicion of High Treason in Newgate and he gives an account of some discourse that he had with Mr. Goodman and for that it will be necessary for us to call Mr. Porter again and Mr. Delarue to shew that this Edwards the Witness as he is Committed for suspicion of High Treason so he was in the Conspiracy for the Assassination he was one in the List that was brought back by Cranburne from Mr. Chernock to Captain Porter as one of Chernock's Men and he is in Custody for it Then as to the other matter they have called three Witnesses to prove that Mr. Goodman was not in this place at this time The Councel indeed opened it that he was not at the Tavern 'till after my Lord of Aylesbury and my Lord Montgomery were gone away but their Evidence goes further that he was not there at all and the Master of the House says he was not there to his knowledge at any time So that if their Evidence prove any thing they prove that he was not there at all they do not remember that they saw him there so that the Question will be whether Mr. Goodman was there at that time and it will be necessary to call Mr. Goodman again and Mr. Porter to confront these Witnesses who will tell you when he came in and particularly as to my Lord of Aylesbury that he went with him to the Stairs-head and my Lord would not let him go further but he went back again when my Lord of Aylesbury went down stairs We will begin with the Witnesses as to this Edwards Swear Mr. Delarue Which was done Mr. Conyers Mr. Delarue pray do you know Mr. Edwards that was here Mr. Delarue He goes by several Names I know him by the Name of Douglas and last Monday I came into the Press-Yard and saluted him by the Name of Douglas and he said he had taken his own Name again by which he was known at St. Germains and that was Edwards or Richards as I remember or some such Name Mr. Conyers When was he at St. Germains Mr. Delarue About three or four years ago Mr. Conyers Pray look upon him see if you know him Mr. Delarue I know him very well there he stands that is the Person in the black Wig he was reputed at St. Germains to be my late Lord Dundee's Chaplain Mr. Att. Gen. What Name did he go by at St. Germains Mr. Delarue I can't very well tell but he said he had taken his own Name again and I think he said it was Edwards or Richards Mr. Conyers Did he go formerly by the Name of Douglas Mr. Delarue Yes here in England Mr. Porter knew him to go by that Name Mr. Att. Gen. What else do you know of him Mr. Delarue The List that Mr. Cranburn carried from Mr. Porter to Mr. Chernock and which he brought back again from Mr. Chernock to Mr. Porter had in it among the other Names the Name of Douglas which I understood to be that Gentleman Mr. Att. Gen. Did he go by that Name at that time Mr. Delarue Yes he did L. C. J. Treby Pray repeat that again Sir that we may understand it and see whether it be Evidence Mr. Delarue Why Sir the List that Mr. Cranburn brought from Mr. Chernock to Mr. Porter at the Foot of the List which Mr. Porter had sent to him there were other Names written as I believe in Mr. Chernock's Hand and among those Names there was the Name of Douglas which I understood to be this Mr. Edwards as he calls himself And moreover when Mr. Porter went out of Town going to Doctor 's Commons I called at Mr. Chernock's and he had a great deal of Company with him 4 or 5 Troopers and among the rest this Edwards or Douglas was there sitting by him Here is a Gentleman that I see upon the Bench I think he is a Scotch-man that knew him at St. Germains as well as I. I think his Name is Mack Donnel Mr. J. Rokeby What Country-man did you take this Edwards to be Mr. Delarue A Scotch-man and Chaplain to my Lord Dundee that was killed in Scotland Mr. Serj. Darnall Did you see this Gentleman in France Sir Mackdonnel I never was in France in my Life Mr. Att. Gen. You can't ask him the Question you know it tends to make him either accuse or excuse himself of a Crime Pray call Mr. Porter again But in the mean time till he comes we 'll examine Mr. Goodman because he is here Mr. Goodman you were by and heard what these Drawers said concerning your being at the Old King's-Head in Leadenhall-street that day Pray give an Account when you came in whether you saw my Lord of Aylesbury and what passed between you at my Lord of Aylesbury's going away Mr. Goodman Mr. Porter brought me up and when I came in they were all sitting and after Salutation I sat down And when they had consulted some time they came to a Resolution as I have told you already The Fellows are so far in the right of it that my Lord of Aylesbury and my Lord Montgomery went away first for I took my leave of them at the Head of the Stairs Says my Lord of Aylesbury to me Pray avoid Ceremony we will go away privately as we came in a
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
Though in supposition of Law all these Pannels are returned and the Tryals thereupon had the first day of the Sessions and in Law it is intended to be but that one day only The return of this Precept is thus viz. Executio istius Precepti patet in quibusdam Pannâ—llis huic precepto annexis and the Pannels are annexed and there are often Filed here divers Pannels upon the same general Precept though sometimes but One. These Pannels are thus delivered into Court and a Jury taken out of them as there is occasion only upon a Parol Award that is barely the Court 's calling for the same without Writ or Precept in Writing or giving any Day for the doing it For this Proceeding is immediatè for the speedy delivery of Prisoners and the Entry after setting forth that the Prisoner being Arraigned pleads Not Guilty is Ideo immediatè veniat inde Jurata or fiat inde Jurata And this Court 's being instituted for the speedy delivery of Prisoners and Warnings being given long before of their coming are the Causes why it has been always held without Doubt that Justices of Goal-Delivery might inquire and Try the same day If it fall out that by Reason of Defaults Deaths or Challenges there cannot be a full Jury had out of a Pannel as here there wanted three which is an Accident that the Court cannot know till they have gone through the Pannel I think in this Case that Pannel goes for nothing is utterly lost and void and to be cast away or cancelled For it does not answer the Award of the Court which was to have a Jury to Try the Prisoner presently It is meant an effectual Pannel that should afford a full Jury of Twelve unacceptionable Men. And every Pannel that comes short in this is to be laid aside as a void thing And then the Court takes and makes use of another immediately which may not be deficient whereby the Award is observed and the present Service dispatched Object It is objected that the Old Pannel is parcel of the Record in Court and upon that Nine were sworn and their Names are all enter'd upon that Record and now to add a new Pannel upon which Twelve shall be sworn and Try the Prisoner all this appearing upon Record it will be Error Answ This Objection stands upon two Mistakes both arising from not observing the difference between Precepts and Pannels in a Court of Goal-Delivery and Venire facias's or Precepts and Pannels in other Courts 1. It supposes that here will be two Pannels which will appear to relate to the Tryal of this Prisoner Mr. Cook 2. It supposes that both these will become Records or parcel of the Record in Court If either of these Suppositions prove to be a mistake it will destroy the Objection I think Both are mistakes 1. Here is not nor will be nay there ought not to be any Pannel purporting to be returned for the Trying of Mr. Cook or any particular Prisoner or Prisoners For the Precept in this Case is not like a Venire facias which alwaies respects a particular Issue between Parties therein named but General requiring the Sheriff to return Jurors enough to Try all the Prisoners not naming any And the Return which is the Answer to it by a Pannel or Pannels is as General the Title of every Pannel being Nomina Jurator ad Triandum pro Domino Rege and no more or Nomina Juratorum ad Triandum inter Dom. Regem Prisonar ad Barram without naming any of the Prisoners And it were absurd if it should be otherwise For the Precept goes to the Sheriff Before the Sessions and his Return is supposed to be made at the Beginning of the Sessions when it is not known who of the Prisoners will be indicted or if indicted who will plead not Guilty or Guilty or a Pardon or other Plea When for the Tryal of a particular Prisoner or divers Prisoners that are thought fit to be put upon Tryal by the same Jury a Jury is about to be taken out of any Pannel the Clerk as he goes along may take a Note in Paper of the Name of every one that is sworn or he may and usually doth write Jur. on the said Pannel against the Name of every one sworn But this Note or Mark is no part of the Record it is not ex Institutione Legis it is but a voluntary Memorandum for the help of his Memory If he could safely trust to the strength of his Memory he need not write at all on this occasion I mean not till a full Jury is sworn who Try the Prisoner But then indeed the Clerk must from his Notes or Memory write the Names of all the Twelve entring them on the Record of the Indictment in this manner viz. just after the Ideo immediatè veniat inde Jurata coram prefatis Justic c. Adding Et Juratores Jurate illius c. Scil. A. B. c. Dicunt c. And it is by this only that the Names of those that are sworn come to be of Record and it is this entry upon the Body of the Indictment alone that is the Record that shews who were Jurors sworn to Try this or that or other Prisoner or Prisoners So that if the old Pannel were Filed and were a Record as the Prisoner's Council would suppose yet it would not thereby be made appear that the said Pannel was returned or used for or in order to the Tryal of this Prisoner 2. The old Pannel is not filed among the Records of the Court nor ought to be When such a Pannel does not produce a Jury the Clerks may and use to throw it by as a useless thing But however they use it we cannot allow it to be a Record It was received de bene esse It is abortive and comes to nothing And it is not every thing that passeth in Court in order to a Record that comes to be so A Frivolous Plea that is rejected is not Recorded A Presentment or Bill of Indictment before it is found is not a Record And if an Ignoramus be returned upon a Bill of Indictment it never can be a Record And thereupon the Clerks do sometimes throw it away tho sometimes they keep it and put it on the File only taking care to cross it but if they do forget to cross it yet it is not a Record By all this it is apparent how great the difference is between a Precept and Pannels in this Court and a Venire facias and a Pannel returned thereupon which is ever issued after Issue joyned and doth alwayes mention the particular Parties and Matter it relates to and is a Record and a ground for an Hâ—beas Corpora wich a Tales to be returnable at a certain future day But in this Case in this Court it is quite otherwise Sir B. Shower Then my Lord since there is a new Pannel we hope we stand in the same condition upon the
Act of Parliament to take Exceptions to the Indictment before this Jury sworn as we did before the other Jury sworn since all that is quite set aside L. Ch. J. Treby Yes truly I think that may be Mr. Attorn Gen. But these Gentlemen would have done well to have given notice of their Exceptions Sir B. Shewer My Lord I shall not stand upon an Exception which I think I might take to the word Turmas in the Indictment which whether it be Troops of Men or Horses or what it is does not appear but I think we have an Exception to the cheif Overt Act laid in the Indictment and that we presume if my Brief be right will be sufficient to set aside this Indictment The Indictment charges That Mr. Cook did agree with other Traytors to send Mr. Chernock into France to the said late King James and King Jamâ—s is never mentioned before in all the Indictment that is one Exception that we have that there is no late K. James mentioned in the Indictment before this if my Copy be right if it be otherwise I suppose they will find it it is laid that Mr. Cook did agree to send Cherneck as a Messenger into France eidem nuper Regi Jacobo and no Rex Jacobus mentioned before Then there is another Exception and that 's this They come and say that whereas there was a War with France which is only in the Indictment by way of recital or rehearsal of an History Quod cum per magnum Tempus suit mode fit c. Mr. Cook the Premisses knowing did compass and imagâ—ne the Kings death and did adhere to the said Kings Enemies such a day Now my Lord I do think that this can never be maintained for that Cum quoddam Bellum c. being an Historical Narrative is not positive enough For adhereing to the Kings Enemies being one of the Treasons laid in the Charge there ought to be a War at the time of the adhesion and of necessity then that ought to be presented by the Jury for tho your Lordships can Judicially take notice of War or Peace yet you cannot take notice of it at such a particular time and the reason is from the Notion that is in my Lord Coke in his 3d Institutes Cap. Treason That adhesions to Rebels is not adhesion to the Kings Enemies for a Rebel is not said to be an Enemy but it must be adhereing to such an Enemy as between whom and the King there was War at that time and consequently it ought to be more positively averred in the Indictment than it here is but as to the Overt Act of Mr. Cooks consulting and agreeing to send Chernock over to the said late King James to give him notice of what was agreed upon between them when King James is not named before that can never be got over with submission Mr. Baker It is a mistake of your Copy Sir Bartholomew Shower Mr. Att. Gen. I have looked into the Record and it is Jacobo Secundo nuper Regi not Dicto Sir B. Shower Then with submission my Lord they cannot try us now for we ought to have a true Copy of the Indictment Mr. Baker Upon Demand But you never demanded it Sir Barth Shower Yes it was demanded Mr. Baker Who demanded it Sir B. Shower Our Sollicitor Burleigh Mr. Baker No he did not I gave it him officiously Mr. Att. Gen. With submission my Lord it is no Objection at all that their Copy is wrong That should have been before the Prisoner had pleaded for the words of the Act are that he shall have it so many days before to enable him to plead and he cannot be put to plead unless he have a Copy of the Indictment so long before and at Rookwood's Tryal it was said by the Court it could not be alleged after Plea pleaded Mr. Burleigh The Copy was given to me publickly in Court Mr. Soll. Gen. Why did not your Sollicitor compare it with the Indictment Mr. Att. Gen. They might have compared it by the Clerk's reading it to them but they will not admit the Prisoner's Sollicitor to see the Original because the Act expresly says they shall not have a Copy of the Witnesses Names Sir B. Shower The Officer is to deliver a true Copy of the Indictment Mr. Att. Gen. No the Party is to demand it by himself or his Agent and then he is to have it and if he be denied he ought to apply himself to the Court who will order the Delivery of it but we stand upon it that they cannot take this Exception now after they have pleaded for the intent of the Copy is to enable him to plead L. C. J. Treby The Copy by the Act of Parliament is to be delivered to the Prisoner his Attorney Agent or Sollicitor if they require the same and here it seems there was no requiring of it but it was voluntarily given and now you have lapsed your time of making the Exception of wanting a Copy by having pleaded to the Indictment whereby you have in effect admitted and declared either that you had a true Copy of it or that you did not think fit to require one for the use of the Copy is to better enable the Prisoner to plead But when you did plead you took upon your self to be well able to plead without the help of a Copy which you might have had upon the asking for Sir B. Shower Then my Lord there is another thing in the Indictment that in this Overt-Act there is a new Time and a new Place and a new Verb and a new Fact alleged and no Nominative Case it is alleged that Peter Cook at first with others did so and so and then the first of July to bring the Treasons aforesaid to effect there alibi c. which is very loose for I know not whence the Venue must come did traiterously with Chernock Friend c. consult to procure Diversas Turmas Legiones c. to join with them in England and then it comes ulterius such a Day Year and Place did traiterously agree so and so and not say who now this is neither by express words nor Rule of Grammar to be referred to the Prisoner at the Bar it does not say Ipse Idem Petrus Cook now my Lord that the King's Counsel thought it necessary in every OvertAct is plain because those words are put in every other Clause of the Indictment in those Clauses that goe before and those Clauses that come after then if they will take it that this Clause must refer to the next Antecedent that will not do for the next precedent Nominative Case is either Friend or Chernock So that this is without a Nominative Case and the Presidents in my Lord Coke's Entries 361 and all the other Books have the Nominative Case repeated where there is a new Time and a new Place and a new Fact alleged now it might be true that the Prisoner at the
Bar might be present and this same Treason might be discoursed of and agitated and there might be a Consult about this Business and yet it is not necessarily implied that he must consent and agree to send Chernock into France upon which the great stress of the Indictment lies therefore we say these words having no Nominative Case the Indictment cannot hold Mr. Att. Gen. My Lord as to this Objection it will receive a very plain Answer Our Indictment begins and sets forth that Peter Cook the Prisoner at the Bar did imagine and compass the King's Death and did adhere to the King's Enemies and these are the Treasons and then it sets forth the Overt Act that in Execution of the traiterous Compassings Imaginations and Adhesions aforesaid Ipse Idem Petrus Cook together with Sir William Parkins Mr. Chernock Sir John Friend and others did propose and consult to procure from the French King Forces to invade this Land ulterius he and they did agree to send Chernock to the late King James Mr. J. Rookeby There 's the first naming of James the Second late King of England and there is no eidem Jacobo I promise you L. C. J. Treby Well that Mistake is over Pray go on Mr. Attorney General Mr. Att. Gen. My Lord as to this Objection of Sir Barth Shower he would have Ipse Idem Petrus repeated over again and he says that we lay a distinct Over-Act with a different Time and Place Now that is a mistake too it is not a different Time and Place but the same Time and Place and it mentions that cum R. Chernock J. Friend c. cum aliis Proditoribus conveniebat consultabat c. Which he says may refer to Sir J. Friend or Charnock but if you look into the Frame of the Sentence that can never be Mr. J. Rookeby Petrus Cook is the Nominative Case that governs all the Verbs Mr. Att. Gen. And there is no other Nom. Case in all the Indictments but Petrus Cook except it be in a Parenthesis and that saves the Rule of Grammar if there were any thing in it that it must refer to the last antecedent Sir B. Shower When it comes to the Clause that he did procure Horse and Arms there the Nominative Case is repeated L. C. J. Treby It would not have made it worse if they had made it so here but the Question is whether it be necessary Sir B. Shower Indictments ought to be precisely certain but this we say is not so Mr. Att. Gen. But here is as much certainty as to the Person as can be that he did consult with such and such about such things and further the same Day did agree with the same Traytors to do so and so Mr. J. Powell Indictments it is true ought to be plain and clear but I do not see but here is as much certainty as can be that he did such a Day consult and further the same Day did agree with the same Persons Sir B. Shower VVho did agree my Lord Mr. J. Powell He that did consult with them before and that is Peter Cook Mr. Att. Gen. You 'd have had us to have put it to every Verb I believe Sir B. Shower In Indictments no Presumption ought to be used but the Facts ought to be directly and positively alleged Mr. J. Powell It s true there should be no Presumption and there is none here for certainly this is a plain Assertion of Fact L. C. J. Treby Here are two things that are set forth First That Peter Cook did meet with Sir John Friend Sir William Parkyns and others and then and there did consult with them and consent to procure an Invasion and joyn an Insurrection thereto And Secondly Further with the said Traytors did agree to send Chernock into France Now what is the Nominative Case to this Agreement Is it Sir John Friend and Sir William Parkyns That 's impossible for they could not be said properly to meet and consult with themselves every one of them with his own self and the rest And then the Number if it had referr'd to them should have been Plural but here it is Singular agreavit and the sense is no more than this That then and there Mr. Cook did meet with such Persons and did consult with them about such and such Matters and further did agree with them to do thus Sir B. Shower The meaning is not to be forced and strained by Inference or Presumption but it ought to be express and plain L. C. J. Treby Nay you cannot express it better you may make a Tautology of it if you will Sir B. Shower The Paragraph is long my Lord and therefore requires the more care to have those Repetitions that are necessary L. C. J. Treby Your Objection to this Paragraph is that it is too long but repeating the same Nominative Case to every Verb would make it much longer Sir B. Shower It cannot be understood to mean Peter Cook without Presumption which ought not to be in an Indictment Mr. Att. Gen. And as to Sir Bar. Shower's first Objection his Copy is right too and he mistook the place Sir B. Shower You shou'd have given me that for an Answer Mr. Att. Gen. Nay you should have taken more care and not have made the Objection L. C. J. Treby Truly I think it is hardly possible to have made this better if it had been otherwise than it is Mr. Serj. Darnel My Lord we think we have a good Fact of it which we rely upon and therefore do not so much insist upon these Exceptions tho in duty to our Client we mention that which we think is necessary and we submit to your Lordship Cl. of Arr. Set Peter Cook to the Bar. Which was done You the Prisoner at the Bar these good Men which you shall hear called and personally appear are to pass between our Sovereign Lord the King and you upon Tryal of your Life and Death if therefore you wou'd challenge them or any of them your time is to speak unto them as they come to the Book to be sworn and before they be sworn Cryer Call Sir John Sweetapple Sir John Swetapple Here. Cook My Lord Chief Justice if your Lordship please I am advised L. C. J. Treby Pray Sir speak out that we may hear what you say and let the Cryer make proclamation for silence Which was done Cook My Lord before the Jury is called I am advised that if any of the Jury have said already that I am guilty or they will find me guilty or I shall suffer or be hanged or the like they are not fit or proper Men to be of the Jury L. C. J. Treby You say right Sir it is a good cause of Challenge Mr. J. Rokeby That will be a sufficient cause if when they come to the Book you object that and be ready to prove it Cook Which is Sir John Sweetapple He was shewn to him Cl. of Arr.
There he is Cook I challenge him Cl. of Arr. William Walker Cook Sir have you said any such thing that you believe me guilty Mr. Walker No Sir Mr. Baker My Lord he is asking of the Jury-Man the Question Mr. J. Rokeby That 's a Fact the Prisoner should prove upon him Mr. Att. Gen. My Lord he must not ask the Jury that Question Whether they have declared before that they will find him guilty that is to make them guilty of a Misdemeanor Mr. Serj. Darnall Is it any Misdemeanor for me to say I think or believe such a Man is guilty Mr. Att. Gen. If he be summon'd to be of a Jury and declare his Opinion before hand it is a Misdemeanor Mr. Serj. Darnall But suppose it be before he was summon'd Mr. Att. Gen. If you make any such Objection you must prove it and not out of the Jurymans own Mouth Mr. Serj. Darnall I think any Man my Lord that comes to serve upon the Jury may be ask'd any Question that does not make him guilty of any Offence or Crime or liable to any Punishment Now if any of these Gentlemen that are return'd upon this Pannel before the Summons have declared their Opinion that the Prisoner is guilty or ought to suffer with Submission the Prisoner may ask such a Question Whether he have said so yea or no Mr. J. Powell He cannot upon a Voyer Dire be ask'd any such Question Mr. J. Rokeby It is not denyed to be a material Objection but it must be made out by Proof L. C. J. Treby You put it too large Brother Daruall you may ask upon a Voyer Dire whether he have any Interest in the Cause nor shall we deny you liberty to ask whether he be fitly qualified according to Law by having a Freehold of sufficient Value but that you can ask a Juror or a Witness every Question that will not make him criminous that 's too large Men have been ask'd whether they have been convicted and pardon'd for Felony or whether they have been whipt for Petty Lacinary but they have not been obliged to answer for tho their Answer in the affirmative will not make them criminal or subject them to Punishment yet they are Matters of Infamy and if it be an infamous thing that 's enough to preserve a Man from being bound to answer A pardon'd Man is not guilty his Crime is purged but merely for the Reproach of it it shall not be put upon him to answer a Question whereon he will be forced to forswear or disgrace himself So Persons have been excused from answering whether they have been committed to Bridewell as Pilferers or Vagrants or to Newgate for Clipping or Coining c. Yet to be suspected or committed is only a Misfortune and Shame no Crime The like has been observed in other Cases of odious and infamous matters which were not Crimes indictable But to keep to our Case 'T is true a Juror may be challenged being an Alien or being a Villain but where the Matter apparently carries Crime or Shame it should be proved the Outlawry should be proved and so should the being a Villain Yet that is no Crime tho it be an Ignominy Mr. Serj. Darnall But my Lord I take this to be no manner of Infamy at all there is nothing of Crime nor nothing of Reproach but only a declaring of a Mans Opinion L. C. J. Treby Truly I think otherwise I take it to be at least a scandalous Misbehaviour and deservedly ill spoken of for any Man to pre-judge especially in such a heinous matter I think it is a very shameful discovery of a Man's Weakness and Rashness if not Malice to judge before he hears the Cause and before the party that is accused could be tryed But it seems by what the Prisoner says that he would ask all the Jurors whether they have not said that he was guilty or that they would find him guilty or that he should be hanged or the like Which presuming him innocent is to ask whether they have not defamed and slandered him in the highest degree and to force them to discover that they have a mortal Hatred to him and come with a malicious resolution to convict him Which admitting they are not punishable by our Law yet are things so detestably wicked and so scandalous as are not fit to be required to be disclosed by and against themselves Mr. Serj. Darnall Pray my Lord what is more common than for a Man to say before he is summoned to be upon a Jury when he hears a Fact reported concerning such a one to say I believe he is guilty or I am of opinion he is and I am sure he will be hanged and yet there is no crime in this L. C. J. Treby Truly Bro. Darnall I know not how you may approve of such a Man but I 'll assure you I do not I take the Question not to be concerning a Man's discoursing suppositively as if upon hearing News or a Report of clear Evidence a Man should say Supposing this to be true such a Man is guilty and I should find him so if I were of his Jury This might not be sufficient to set aside a Juror for this has been a general Discourse among the Subjects upon occasion of this Conspiracy and it imports that if Evidence should not be true and clear he would acquit him And so he is as he should be indifferent But if a Man qualified for a Juror affirm Positively that such a Prisoner is guilty and that he will find him so whatever Evidence or Proof be given or made to the contrary I think that may be a Misdemeanour punishable as an owning and encouraging of Falshood Perjury and Injustice and a contempt and scandal to the Justice of the Kingdom Tho I hope and believe that no man hath so demeaned himself Mr. J. Powell In a Civil Case it would be a good Cause of Challenge If a Man have given his Opinion about the right one way or other may you not upon a Voire dire ask him whether he hath given his Opinion one way or other I believe it may be ask in a Civil Cause because he may have been a Refferree but if you make it criminal it cannot be askt because a Man is not bound to accuse himself now the Difference lies in the nature of the Cause it is not Criminal in a Civil Case for a Man to say he was an Arbitrator in such a Case and upon what appeared before him he was of such an Opinion Mr. Att. Gen. But my Lord it is a different Case to give an opinion about the Right between Party and Party where a Man has been an Arbitrator and so in the Nature of a Judge and where a Man is to go upon a Jury in the Case of Life and Death and before the Evidence given he declares his Opinion without hearing the Cause Sir B. Shower My Lord we know several of the Tryals have
been printed and the Names of several Persons mentioned and upon reading of the Tryals or conversing about them Men are apt to give their Opinions one way or other Mr. Serj. Darnall It is only an Objection in case he has done it Mr. J. Rookeby But Brother how can you ask him the Question Mr. Serj. Darnal If the Court are of opinion that it is such a Crime that it cannot be askt as tending to make a Man accuse himself of an infamous Crime then we submit it to you and I confess we must not ask it but we cannot apprehend that there is either Crime or Infamy in it tho we think it is an Objection and a good Cause of Challenge Mr. B. Powys I think tho it be not such a Crime as infamous upon which a Man is not to be credited for that is Infamy in the Eye of the Law whereby a Man is prejudiced in his Credit yet however it is a shameful thing for a Man to give his Judgment before he hath heard the Evidence and therefore I think you ought not to ask him it to make him accuse himself if it be an opprobrious matter upon him Mr. Serj. Darnall Truly my Lord I always took it to be the Rule if the the thing asked to the Person returned be not criminal nor infamous the Party that is askt ought to answer to it L. C. J. Treby I would fain know if you should ask any of the Jury-men this Question whether he be guilty of all the Crimes that are pardoned by the last Act of Grace he be bound to answer it Mr. Serj. Darnall Undoubtedly we cannot ask any such Question no not to any one of the things therein mentioned L. C. J. Treby But yet you will force him to discover a Crime if it be one that is unpardoned Mr. J. Powell Certainly you go too far Brother for no Man is obliged to charge himself with what is Criminal but whether this be Criminal to say I believe such a one will be hanged is of another Consideration Mr. J. Rookeby But I think it must be proved upon him if any Objection be made Sir B. Shower My Lord it will be no easy thing to bring Witnesses to prove this matter and therefore we would have it from his own Mouth Mr. J. Rookeby And it is a very hard matter for a Man to be put upon proving every Discourse that he has had about the publick Affairs of the time Mr. Recorder The Reason of your Exception is that he has declared his opinion before hand that the Party would be hanged or would suffer that 's a Reproach and a Reflection upon a Wise man so to do and if they can prove it upon him let them do it but whether you should ask him such a Question Whether he be a Fool or a Knave for the giving an opinion one way or other that 's the Question before us Mr. Serj. Darnall My Lord we do not offer it to the Court as an Objection that he is not a Wise man Mr. Att. Gen. But what a Man does utter imprudently may occasion a Prejudice against him and therefore ought to be proved and not he to prove it himself L. C. J. Treby Especially being a Freeholder of London and taking notice of what is done in London and if he does take notice of the Fact and does previously give his Opinion of a matter which he may be called upon a Jury to try this is an Indiscretion and a Reproach to him and I think a Misdemeanour Mr. Serj. Darnall My Lord I acknowledge it is ill done of him that is indiscreetly and not wisely and we would have Discreet and Wise men upon our Jury Mr. Cowper My Lord Mr. Serj. Darnall will make it so little a thing at last that it will amount to no cause of Challenge if it were even proved against him which we insist it ought to be it being their Objection and the Party not being bound to prove it against himself but truly we think there is more in it than so because it is an unjust prejudging of a Man before he is tryed and heard and if so it is a thing that he ought not to accuse himself of and therefore we oppose the asking any such Question Mr. Serj. Darnall Our Objection is not because it is an Offence to declare a Man's opinion upon a Fact reported but because it shews he has a settled opinion against the Person of his Guilt and so he is not so equal a Man to try him L. C. J. Treby And is that like a Honest man and a Freeholder of London who ought to be indifferent to come with a settled opinion against a Man when he is to be one of his Jury Mr. Serj. Darnall Well my Lord we have been heard and submit it to the Judgment of the Court. L. C. J. Treby Truly I think it reflects both Dishonesty and Dishonour upon him and therefore these Questions ought not to be askt The Question is not whether a Man if ever such a Man there were that hath so resolved and declared shall be sworn No he is not fit to serve upon a Jury But the Question is How this shall be discovered by his own Oath or by other Proof I think it ought to be made appear by other Proof if true A Man attainted of Felony Forgery False Verdict or Perjury ought not to serve on a Jury yet he shall not be examined concerning the same on a Voire dire And if there be in Court a Copy of such Judgment carefully examined and kept by himself he shall not be forced to Answer whether it be a true Copy tho his Answer could not subject him to any further Penalty Mr. Serj. Darnall My Lord I hope no Gentleman of the Jury has done it L. C. J. Treby I hope no Freeholder of London is so indiscreet or so unjust But if any Man in this Pannel have any particular Displeasure to the Prisoner or be unindifferent or have declared himself so I do admonish and desire him to discover so much in general for it is not fit nor for the honour of the King's Justice that such a Man should serve on the Jury Mr. Serj. Darnall We hope so too We hope that all that are returned upon the Jury are discreet and impartial Men. Cl. of Arr. Well Sir what say you to this Gentleman Mr. Walker Cook I challenge you Sir Cl. of Arr. Nathanael Long. Sir B. Shower My Lord we think he may ask if they have a Freehold or no because the Law requires that Qualification and the Prisoner not being able to prove the Nagative it puts the Proof of the Affirmative upon the Person himself Mr. Att. Gen. What does Sir Bartholomew mean would he have the Jury-men bring their Evidences with them to prove their Free-hold L. C. J. Treby No sure Mr. Attorney but to ask the Question was allowed him the last time and we will not deny him the
same just Favour now Cook Are you a Free-holder Sir in London of the value of 10 l. a year Mr. Long. Yes Sir Cook Were you of the Grand-Jury when the Bill was found against me Mr. Long. No Sir Cook I challenge you Sir Cl. of Arr. William Carbonell Mr. Carbonell My Lord I am no Free-holder L. C. J. Treby What does he say he has no Free-hold Cl. of Arr. Yes my Lord. L. C. J. Treby Then he must be set aside Cl. of Arr. Joshua Foster Mr. Foster My Lord I am no freeholder in London neither Mr. Att. Gen. My Lord we desire they may be sworn whether they have a Free-hold or not Cl. of Arr. Hold Mr. Carbonell and Mr. Foster the Book which was done severally You shall true answer make to all such Questions as shall be askt you by the Court. So help you God Mr. Att. Gen. Ask him if he hath not a Freehold in London Mr. Carbonell No I have not Cl. of Arr. Have you or any body in trust for you a Freehold in London of the Value of 10 l. a year Mr. Carbonell No Sir Cl. of Ar. Joshua Foster have you or any in trust for you any Estate of Free-hold in London of the Value of 10 l. a year Mr. Foster No Sir Cl. of Arr. Joseph Billers Cook I desire they may be called in the order as they are in the Pannel you have not called John Ewen who is next Cl. of Arr. I do call them in order as for Mr. Ewen one has made Oath that he is sick and is not able to come hither What say you to Mr. Billers there he stands Cook Sir are you a Free-holder of 10 l. a year within the City of London Mr. Billers Yes Sir Cook Was you of the Grand-Jury Sir when the Bill was found against me Mr. Billers No Sir Cook I challenge you Cl. of Arr. John Child Cook Sir are you a Free-holder within the City of London Mr. Child Yes Sir Cook Of 10 l. a year Mr. Child Yes Sir Cook Were you of the Grand-Jury when the Bill was found against me Mr. Child No Sir Cook I challenge you Cl. of Arr. Edward Leeds Cook Sir are you a Freeholder within the City of London of 10 l. a year Mr. Leeds Yes Sir Cook Were you of the Grand-Jury that found the Bill against me Mr. Leeds No Sir Cook I challenge you L. C. J. Treby What Question was that he ask'd him Cl. of Arr. Whether he were one of the Grand-Jury that found the Bill L. C. J. Treby A very proper Question for an Indicter ought not to be a Tryer. Cl. of Arr. Thomas Clark Cook Sir are you a Free-holder within the City of London of 10 l. a year Mr. Clark Yes Sir Cook Were you of the Grand-Jury that found the Bill against me Mr. Clark No Sir Cook I challenge you Cl. of Arr. Nathan Green Cook Are you a Free-holder Sir within the City of London of the value of 10 l. a year Mr. Green Yes Sir Cook Were you of the GrandJury that found the Bill against me Mr. Green No Sir Cook I challenge you Cl. of Arr. Henry Sherbroke Cook I have nothing to say against him Cl. of Arr. Then hold Mr. Sherbroke 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 Then Mr. Sherbrooke was put into the Place appointed for the Jury Cl. of Arr. Henry Dry. Cook Sir are you a Free-holder in the City of London of the value of 10 l. a year Mr. Dry. Yes Sir Cook Were you of the Grand-Jury that found the Bill against me Mr. Dry. No Sir Cook Sir I challenge you Cl. of Arr. Joseph Morewood Cook Sir have you a Free-hold in London of the value of 10 l. a year Mr. Morewood Yes Sir Cook Were you of the Grand-Jury that found the Bill against me Mr. Morewood No Sir Cook Sir I challenge you Cl. of Ar. Richard Greenway Cook Are you a Free-holder of 10 l. a year in London Mr. Greenw Yes Sir Cook Were you of the Grand-Jury that found the Bill against me Mr. Greenway No Sir Cook Sir I challenge you Cl. of Arr. John Sherbrook Cook Sir are you a Free-holder in the City of London of 10 l. a year Mr. Sherbrook Yes Sir Cook Were you of the Grand-Jury that found the Bill against me Mr. Sherbrok No Sir Cook Sir I challenge you Cl. of Arr. Thomas Emmes Cook Are you a Free-holder Sir within the City of London of 10 l. a year Mr. Emmes Yes Sir Cook Were you of the Grand-Jury that found the Bill against me Mr. Emmes No Sir Cook I challenge you Cl. of Arr. Samuel Jackson Cook Sir are you a Free-holder within the City of London of 10 l. a year Mr. Jackson Yes Sir Cook Were you of the Grand-Jury that found the Bill against me Mr. Jackson No Sir Cook Sir I challenge you Cl. of Arr. Henry Hunter Cook Are you a Free-holder Sir in London of the value of 10 l. a year Mr. Hunter Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Hunter No Sir Cook I Challenge you Cl. of Arr. John Deacle Cook Sir are you a Freeholder within the City of London of the Value of Ten pounds a year Mr. Deacle Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Deacle No Sir Cook I challenge you Cl. of Arr John Cullum Cook I accept of him He was sworn Cl. of Arr. Thomas Shaw Cook I accept of him He was sworn Cl. of Arr. George Juyce Cook Sir are you a Freeholder within the City of London of Ten pound a year Mr. Juyce Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Juyce No Sir Cook I challenge you Cl. of Arr. Richard Young Cook I have nothing to say against him He was sworn Cl. of Arr. John Hedges Cook Sir are you a Freeholder within the City of London of Ten pound a year Mr. Hedges Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Hedges No Sir Cook I challenge you Cl. of Arr. John James Cook Sir are you a Freeholder within the City of London of Ten pound a year Mr. James Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. James No Sir Cook I challenge you Cl. of Arr. Thomas Poole Cook Sir are you a Freeholder within the City of London of Ten pound a year Mr. Poole Yes Sir Cook Were you of the Grand Jury that found the Bill against me Mr. Poole No Sir Cook I challenge you Cl. of Arr. Peter Parker Cook Sir are you a Freeholder in the City of London of Ten pound a year Mr. Parker Yes Sir Cook Were you of the Grand
just Punishment for this Treason nay they have own'd the Fact at their Death's so that there is no question of the Truth of it And therefore Gentlemen every honest Man will endeavour to bring such as are plainly Guilty of such an abominable Conspiracy to just Punishment but yet they will be as carefull not to let an innocent Man suffer that Gentlemen every honest Man will take care of and especially such as are upon their Oaths It concerns a Jury highly to be satisfied that he is not Innocent whom they bring in Guilty for 't is better that twenty guilty Men shou'd escape than one innocent Man suffer But Gentlemen if my Brief be true we shall give you such an Account of one of these Witnesses first as to the Man himself that he is not a Man to be credited as a Witness and then besides that as to the Evidence he gives in this Case I say if my Brief be true it is false and we shall prove it so and when you have heard our Evidence if you are satisfied that one of these Witnesses is not to be credited or that what he swears is not true you are to acquit the Prisoner Gentlemen Here has been one Mr. Goodman produced as a Witness one that never was produced before at the Tryal of any of those that have suffered so that the truth of their Guilt does not at all depend upon his Evidence nor does it give any credit to it This is this Gentleman's first Entry upon this Stage and yet if my Brief be true this is not the first bloody or cruel Part that he has Acted for we have a Record of Conviction against him whereby it will appear to you that he was Indicted for Endeavouring to Poison two Great Dukes for giving forty Guinea's to an Italian Emprick one Amidei and promising Two hundred Pounds more when it was effected to Poison the late Duke of Graston and the present Duke of Northumberland and we shall shew you that he was Convicted of it and Fined a Thousand Pound for the Offence which considering the meanness of his Circumstances at that time was as much as Twenty thousand Pounds for he could as well have paid Twenty as One then and it appears too that Mr. Goodman nay it will not be denied by him himself was in this Horrid Plot and he that wou'd be concern'd to Poison two Dukes in a Family to which he had so many Obligations Mr. Goodman My Lord I desire leave to speak to this Matter that the Serjeant mentions Mr. Serj. Darnall Pray Sir let me go on you may talk anon I have seen the Copy of the Record of Conviction and have it ready to produce Mr. Att. Gen. Mr. Goodman be quiet and stay till by and by you will be defended no doubt on it but in the mean time let them go on and don 't interrupt them Mr. Serj. Darnall I say my Lord he that wou'd be concern'd in so vile an Act as a Contrivance to take away the Lives of two great Dukes who were in effect his young Mastes that he shou'd go to Poison them in a Family to which he had been so much obliged and then he that wou'd be concerned in so Horrid a Plot as this was to destroy his Country and take away the Life of the King sure it will be no difficult thing to think that this Man will not stick at the little Prisoner's Life at the Barr especially when he has so great a temptation to it as to save his own Life by it But perhaps some of you may doubt whether it is to save his own Life or no But I believe there are none of you would give any credit to him if you thought so Therefore to satisfie you of that Fact we shall produce you Evidence of his own Opinion of that matter besides the General known Circumstances he lay under As That he was long in Prison before he charged the Prisoner with any thing and the Prisoner was at Liberty went every day abroad for a Week after Mr. Chernock's Tryal and never absconded one Minute but lived publickly openly and visibly to all his Friends and all Strangers But besides Gentlemen that Mr. Goodman knew he must dye and justly and deservedly for this Horrid Plot and Treason himself and had no other way left to save his Life but to come in thus as an Evidence and an Accuser which we think will shake his Credit with you I say besides all this if my Brief be true we shall prove that he has said himself That either he must Hang Peter Cook or he must be Hang'd himself Thus Gentlemen he swears to save his own Life by taking away another's This Gentlemen is as to the Man himself that he is not to be credited But now further as to the Evidence that he has given He tells you that he came into the Tavern in Leaden-Hall-street and that there he found such Company he owns he came in after Dinner and that the other Gentleman Mr. Porter owns too he says there were present at this Meeting my Lord Montgomery my Lord of Aylesbury Mr. Cook and several other Gentlemen but if my Brief be true we shall prove by three Witnesses that he was not there till they were gone and that will make an end of all the pretence of his Evidence Mr. Att. Gen. Nay then we shall never have done Mr. Serj. Darn I 'll assure you Sir I have the Names of Three Witnesses in my Brief to prove that my Lord of Ailesbury my Lord Montgomery and Mr. Cook were gone before he came in tho' if any or either of them were gone it destroys his Testimony and if we prove this to you I wou'd be loath to be one of the Jury that should take away the Prisoner's Life upon this Evidence no it he were the vilest Man alive and much less the Life of the Prisoner at the Bar for we shall prove if my Brief be true he is a Man of Morals a Man of Virtue one that has a great Love for his Country and this we shall prove by Evidence undeniable Persons of Quality in their Country such as serve their Country in Parliament as their Representatives we shal shew it by such Evidence that there will be no Room to doubt of it He is a Man without any Stain or Blot upon him til this Accusation he is the eldest Son of his Father and Heir to a great Estate his Father is a great Officer and a great Getter under this Government and can it be imagin'd or believ'd that such a Man would be guilty of the worst of Treasons to destroy the Religion he professes to over-turn the State to ruine his own Estate himself and his Posterity which must be the Consequence of it Nay if two good Witnesses cou'd be produc'd to testifie it and if we had not had so much to take off the Credit of Goodman I cou'd hardly believe it of any Man
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
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
Jury's but I pray my Lord observe tho' it is usual not to own things at the Bar yet I do not make this Denial as of Course but out of Truth and I assure you in the presence of the whole Court if I should suffer for this I must at my last moments either confess or deny something And I say I do assure in the presence of the whole Court and I will take the Blessed Sacrament upon it that I must at my Death deny this whole matter and that ever I did see Mr. Goodman at all there I do not think I saw him I do not remember I saw Mr. Goodman at all except once in Germain-street when the Coach broke and that must be but in passing by neither and he would have hurt or kill'd the Coachman and we kept him from it and I walk'd with him half the length of Germain-street before I knew who Mr. Goodman was If ever a one of those Gentlemen that are Men of Credit and Honour can say I was any ways so inclined or that they ever saw me or knew me that I ever bought a Pistol or a Blunderbuss or the like may God sink and strike me dead and the Blessed Sacrament which I intend to receive be my Curse and Damnation if I knew of King James's Coming till after the whole Town rung of it I had no hand in the Invasion and besides my Abhorrence of Introducing Foreign Force I desire your Lordship and the Jury to consider the Circumstances of my Case that I had but a very small Allowance from my Father and therefore it is not probable I should take upon me to joyn with my Lord of Ailesbury and my Lord Montgomery and those other Gentlemen to send Chernock into France to invite over a Foreign Force And I call God to witness I had no hand in it I beg your Lordships Pardon for all this Trouble I would not hurt Mr. Porter's Evidence for the Reasons that I have told you but this is for my Life and I don 't so much value that as I do Truth and Sincerity and I shall receive the Blessed Sacrament if I dye that I never did do so Indeed I never did take the Oaths nor did I ever refuse them because they were never offer'd me but I wou'd take the Oaths now if they were offer'd me My Lord I beg your Pardon for this Trouble L. C. J. Treby Have you done Sir Have you said all you would say Cook Yes my Lord. L. C. J. Treby Then you Gentlemen of the King's Councel will you conclude Mr. Sol. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Councel in this Case for the King and I could have been very glad that this Gentleman's Defence that he has made had been stronger than in truth it has been And I should have been very glad too that his Councel had been able to have made it better for him but that he and they may be satisfied as much is done as the Case will bear they have had all the Liberty in the World to make his Defence they could desire nay more than in strictness could be allow'd them Gentlemen our Evidence is very positive against the Prisoner at the Bar and for the Highest Crime that the King's Subjects can be guilty of by the Confession of the Gentleman himself and of his Councel We have I say two positive Witnesses against him they say They are not Legal ones I must own if we have not two Witnesses we have never an one for whatsoever falsifies Mr. Goodman's Testimony falsifies whatsoever Mr. Porter has Sworn Now the Evidence that Mr. Porter has given against him is this He says There was to be a Meeting at the Kings-head Tavern in Leaden-hall-street and there they consulted of the Methods to bring back K. James hither and it was thought the best way to send to King James to invite the French King to send 1000 Horse 1000 Dragoous and 8000 Foot to land here in this Kingdom where they would meet him with 2000 Horse They pitch'd upon a very proper Messenger Mr. Chernock a Person that has been attainted and has suffer'd for High Treason he was to be sent into France upon this Errand Mr. Cook the Prisoner at the Bar was one of the Persons that were there at that time and he was consenting to this Message and Mr. Porter gives you a particular Token relating to the Prisoner for he remembers the Prisoner did kneel upon the Chair and lean'd his Elbows upon the Table when he consented Mr. Porter goes further and tells you That Mr. Chernock would have another Meeting to know and see whether all the Company were of the same mind they had been and That afterwards they met at Mrs. Mountjoy's House and there the Prisoner at the Bar was present and consenting to the same thing Thereupon Mr. Chernock went into France and came back again and said The French King could not spare so much Force Mr. Goodman gives the same Evidence that Mr. Porter had given It 's true he was not at Mrs. Mountjoy's Tavern but he tells you withal He spoke with Mr. Chernock when he came back from France and Chernock return'd him the same Answer that he did to Mr. Porter That the French King could not spare so many Forces This is the Evidence in short Gentlemen that is given against the Prisoner and if this Evidence be true then is he guilty of the Crime for which he is indicted Against these Witnesses they have produced first a Record of Conviction against Mr. Goodman and that was for hiring one Amadea to poyson the Duke of Grafton and the Duke of Northumberland They have produc'd the Record whereby it appears he was Convicted and Fined 1000 l. and was to find Security for the good behaviour during Life and he was no lye in Prison till the Fine paid and Security given But it happens in that very Record it appears there was Satisfaction acknowledg'd upon that even the very next Term and that gives a great deal of Suspicion to believe that the Evidence that was given was not much credited for tho' the Councel for the Prisoner has said that it was the Payment of the 1000 l. that was the Satisfaction no it is not so it is a Satisfaction of the whole Judgment for finding Security as well as the Fine They say he was not able to pay the Fine and there is nothing appears of the other parts of the Judgment being complied with but the whole Judgment is set aside But all this does not make a Man no Legal Witness if they thought this Conviction tended to set aside his Evidence they would have produc'd it at another part of the Tryal than where they did That is when Mr. Goodman was first call'd to be Sworn as a Witness then they should have produc'd this Record and said he had been no Witness But they knew well enough that that was no
send him to the Goal I 'll assure you Mr. Burleigh This Gentleman my Lord did hear such a Discourse to the Jury pointing to a Gentleman there who stood up My Lord I cannot positively swear to the Man but I did hear some Discourse that it was the same Evidence as in the former Tryal L. C. J. Treby If you can show us who it was we will take care to punish him I suppose he stands Corrected and if we knew who he was he shou'd stand Committed Mr. Att. Gen. Pray Mr. Goodman begin again and tell what pass'd at that Meeting because the Jury were interrupted from hearing by People's buzzing about them Mr. Goodman My Lord When Captain Porter brought me up into the Room I told you what Gentlemen I found there after we were set down there was a Consultation that considering the French King's Wars Retarded the Affair of sending back King James and the means of Restoring him to the Crown it was fit we shou'd find out some way or method to facilitate his Restoration and it was thought convenient to have a Messenger to send over to King James with Proposals for that purpose to this effect as near as I remember That if King James cou'd prevail with the French King to furnish Ten thousand Men whereof 8000 to be Foot 1000 Horse and 1000 Dragoons we wou'd endeavour to meet him at the Head of as many Horse as we cou'd raise to sustain those Forces at their Landing This was Debated in order to come to a Resolution and much Difficulty there was how many the Number should be the Man pitch'd upon to be sent was Mr. Chernock and after some Debate how many Thousand Horse could be raised Says Mr. Chernock Don't let me go over upon a foolish Errand but let me know what I have to say exactly Thereupon it was concluded by all that Two thousand Horse should be the Number we cou'd promise and the King might depend upon them and if we brought more so much the better and Sir John Freind said I believe he has so many Friends here that if he came himself he might be welcome but that we did not think fit to trust to and no body wou'd advise any such thing when the Resolution of the Thing and the Number was thus fix'd Mr. Chernock ask'd whether it were with all our Consents and that he might assure the King that this was our Resolution thereupon we all rose up and said to him Yes you may yes you may every one particularly and I remember one thing particularly concerning the Prisoner Mr. Cook That he kneel'd upon the Chair when he said Yes you may and his Elbows were upon the Table This is all that I know of that Meeting There was to be another Meeting as Captain Porter told me but I had business in the City but whatsoever he promised on my behalf as to the Quota of Men I wou'd be sure to make it good and I was not at the second Meeting Mr. Att. Gen. Did you see Mr. Chernock afterwards Mr. Goodman Yes I did when he came back and he told me the Things was not accepted for the French King cou'd not spare Men and that he had been with the several Gentlemen to carry them the Complements that he had in charge from King James who returned them Thankes for their good Affection and among the rest he did me the Honour to return me Thanks too Sir B. Shower Pray Mr. Goodman let me ask you a Question When was it that you saw Mr. Chernock after this Mr. Goodman It was in Arundel-street at his Lodgings Sir B. Shower But I ask you Sir when it was Was it before or after the Tenth of June Mr. Goodman It was after the Tenth of June Sir Sir B. Shower How long after pray Mr. Goodman I believe it was a Month after the Tenth of June Sir B. Shower Did you see him here in England before Mr. Porter was Discharged from the Riot and came out of Newgate Mr. Goodman I believe I did see him before Capt. Porter was Discharged long Mr. Serj. Darnall Who were the Persons that were present at that Meeting Mr. Goodman My Lord Montgomery My Lord of Aylesbury Sir John Fenwick Sir John Freind Sir Wiliam Parkyns Mr. Chernock Capt. Porter and the Prisoner at the Barr Mr. Cook Mr. Serj. Darnall Were you at Dinner with them Sir Mr. Goodman No I came in after Dinner Mr. Serj. Darnall Pray what House was it do you say this Meeting was at Mr. Goodman It was at the King's-Head in Leaden-Hall-street Sir B. Shower Can you tell what day of the Week it was Mr. Goodman No nor the day of the Month. Sir B. Shower Was you ever in the Company of these Gentlemen at any other time Mr. Goodman No this was the only time that I heard of this Consultation I was not at the second Meeting Cook If your Lordship pleases may I ask Mr. Goodman any Questions L. C. J. Treby Yes by all means ask him what you will Cook Mr. Goodman You are upon yor Oath but did you ever hear me speak ten words in your life was you ever in my Company in any House before or since Mr. Goodman Yes Sir I was in your Company at the Cock in Bow-street where you came in accidentally Cook Did you ever hear me talk of the Government or any thing of that nature Mr. Goodman What the Discourse was of I cannot particularly say but I am certain you was there And as to the Consultation that I now speak of I remember very well you gave your Consent in that manner as I have told the Court. Mr. Att. Gen. My Lord we have done at the present L. C. J. Treby Then Brother Darnall what say you for the Prisoner Mr. Serj. Darnall May it please your Lordship and you Gentlemen of the Jury I am Counsel in this Case for the Prisoner at the Bar Mr. Cook who stands Indicted of a very great Offence no less Gentlemen than High-Treason and if he be Guilty his Punishment will be as great But because the Punishment and the Offence are both very great the Law requires exact positive Proof and that by two credible Witnesses There have been two indeed that have been produced to you and if you believe both of them after what we shall offer to you against them and if what they swear be true the Prisoner is Guilty But if we satisfie you that either of them is not to be credited so that you do not believe both of them he must be acquitted There is no doubt Gentlemen but that here has been a Villanous Horrid Plot there is no question of it and it was as it has been opened basely to Assassinate one of the bravest Men living and to make the happiest People in the World if they know when they are so the most miserable People upon Earth by bringing them under French Tyranny and Slavery Many of the Traytors have been brought to