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

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false Traytors to the Jurors unknown Afterwards to wit the same Tenth Day of February in the Year abovesaid at the Parish aforesaid in the County aforesaid and divers other Days and Times as well before as after there and elsewhere in the same County falsely malitiously advisedly secretly traiterously and with Force and Arms did meet propose treat consult consent and agree him our said Lord the King that now is by lying in wait and wile to Assassinate Kill and Murder And that execrable horrid and detestable Assassination and Killing the sooner to execute and perpetrate Afterwards to wit the same Day and Year and divers other Days and Times at the Parish aforesaid in the County aforesaid traiterously did treat propose and consult of the Ways Manner and Means and the Time and Place where when how and in what manner our said Lord the King so by lying in wait the more easily they might kill And did consent agree and assent that Forty Horsemen or thereabouts of whom they the said Christopher Knightley Robert Lowick Ambrose Rookwood and Charles Cranburne should be four and every one of them trayterously took upon himself to be one with Guns Muskets and Pistols charged with Gun-powder and Leaden-Bullets and with Swords Rapiers and other Weapons armed should lie in wait and be in ambush our said Lord the King in his Coach being when he should go abroad to set upon and that a certain and competent Number of those Men so arm'd upon the Guards of our said Lord the King then attending him and being with him should set upon and them should fight with and overcome whilst others of the same Men so armed him our said Lord the King should Assassinate Slay Kill and Murder And they the said Christopher Knightley Robert Lowick Ambrose Rookwood and Charles Cranburne the Treasons and all their treasonable Intentions Purposes and Contrivances aforesaid to execute perform fulfil and bring to effect Afterwards to wit the aforesaid Tenth Day of February in the Seventh Year abovesaid at the Parish aforesaid in the County aforesaid divers Horses and very many Arms Guns Pistols Swords and Rapiers and other Weapons Ammunition and Warlike things and Military Instruments falsely malitiously secretly and traiterously did obtain buy gather together and procure and to be bought obtain'd gather'd together and procur'd did cause with that intent them in and about the detestable horrid and execrable Assassination Killing and Murder of our said Lord the King that now is as aforesaid to be us'd imploy'd and bestow'd And the same Premisses the more safely and certainly to execute do and perpetrate the aforesaid Christopher Knightley with one Edward King late of High-Treason in contriving and conspiring the Death of our said Lord the King that now is duly convicted and attainted by the Consent and Assent of divers of the Traytors and Conspirators aforesaid the aforesaid Tenth Day of February in the Seventh Year abovesaid trayterously did go and came unto the place proposed where such intended Assassination Killing and Murder of our said Lord the King by lying in wait should be done perpetrated and committed to view see and observe the conveniency and fitness of the same place for such lying in Wair Assassination and Killing there to be done perpetrated and committed and that place so being seen and observed Afterwards to wit the same Day and Year his Observations thereof to several of the said Traytors and Conspirators did relate and impart to wit at the Parish aforesaid in the County aforesaid and the said Charles Cranburne the same Day and Year there in order the same execrable horrid and detestable Assassination and Killing of our said Lord the King by the Traytors and Conspirators aforesaid the more readily and boldly to execute perpetrate and commit advisedly knowingly and trayterously did bear and carry among divers of those Traytors and Conspirators forward and backward from some to others of them a List of the Names of divers Men of them who were designed and appointed our said Lord the King so as aforesaid by lying in wait to Kill and Murder against the Duty of his Allegiance and against the Peace of our said Sovereign Lord the King that now is his Crown and Dignity and against the Form of the Statute in that Case made and provided Upon this Indictment he hath been arraigned and thereunto hath pleaded Not guilty and for his Tryal hath put himself upon God and the Countrey which Countrey you are your Charge is to inquire whether he be guilty of the High-Treason whereof he stands indicted or not guilty If you find him guilty you are to inquire what Goods or Chattels Lands or Tenements he had at the time of the High-Treason committed or at any time since If you find him not guilty you are to enquire whether he fled for it If you find that he fled for it you are to inquire of his Goods and Chattels as if you find him guilty If you find him not guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Montague May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High-Treason that is found against four Persons but the particular Treason against the Prisoner at the Bar is for compassing and imagining the Death of the King and endeavouring to subvert the Government and enslave the Nation to Lewis the French King And the Indictment sets forth that the Prisoner at the Bar did for this purpose meet and consult with several false Traytors to the King and Government of the way manner and means how and the time and place when and where to Assassinate the King and at length they agreed that forty Horsemen should go together and set upon the King in his Coach as he returned from Hunting some to attack the Coach while others set upon the Guards The Indictment does further charge him with getting Horses and Arms and particularly with carrying a List of the Assassinators from one to another These are the particular things charged in the Indictment and to this Indictment he has pleaded Not guilty if we prove the Fact Gentlemen we don't doubt your Justice Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar Charles Cranburne is indicted for High-Treason in compassing and imagining the Death of the King Gentlemen the Overt Acts laid in the Indictment to prove the Prisoner guilty are That he was at several Meetings and Consultations about the manner of putting this Design in Execution at which Meetings it was agreed That there should be about forty Horsemen in Number prepare'd and arm'd for that purpose and they did provide Horses and Arms for that very thing and did agree to put it in execution Gentlemen the Evidence that you will hear produc'd against the Prisoner at the Bar will be of this Nature You will hear from the Witnesses that about Christmas last or
see and observe the Conveniency and Fitness of the same place for such lying in Wait Assassination and Killing there to be done perpetrated and committed and that place being so viewed and observed afterwards to wit the same day and year his Observations thereof to several of the said Traitors and Conspirators did relate and impart to wit at the Parish aforesaid in the County aforesaid and the aforesaid Charles Cranburn the same Day and Year there in order the same execrable horrid and detestable Assassination and Killing of our said Lord the King by the Traitors and Conspirators aforesaid the more readily and boldly to execute perpetrate and commit advisedly knowingly and traiterously did bear and carry among divers of those Traitors and Conspirators forwards and backwards from some to others of them a List of the Names of divers men of those who were design'd and appointed our said Lord the King so as aforesaid by lying in Wait to kill and murder against the Duty of the Allegiance of them the said Christopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn and against the Peace of our said Soveraign Lord the King that now is his Crown and Dignity as also against the form of the Statute in such Case made and provided Upon this Indictment he has been arraigned and thereunto hath pleaded Not Guilty and for his Trial hath put himself upon God and the Country which Country you are your Charge is to inquire whether he be Guilty of the High Treason whereof he stands indicted or Not Guilty if you find him Guilty you are to inquire what Goods or Chattels Lands or Tenements he had at the time of the High Treason committed or at any time since to your Knowledge If you find him Not Guilty you are to inquire whether he fled for it if you find he fled for it you are to inquire of his Goods and Chattels as as if you had found him Guilty if you find him Not Guilty and that he did not fly for it you are to say so and no more and hear your Evidence Mr. Mountague May it please your Lordship and you Gentlemen of the Jury this is an Indictment of High Treason against Robert Lowick Prisoner at the Bar and the Indictment does charge him with compassing and imagining the Death of the King and endeavouring to subvert the Government and inslave this Kingdom of England and bring it under French Tyranny and Slavery and the Indictment sets forth that Robert Lowick the Prisoner at the Bar the Tenth of February met several false Traitors and there consulted and treated how to assassinate his Majesty and agreed that 40 Horsemen to get together some to attack the Guards while others were to assassinate the King in his Coach and the Indictment charges him likewise with getting together Horses and Arms for this purpose to this he hath pleaded Not Guilty We will call our Evidence and prove the Fact against him and we do not doubt but you will do your Duty Mr. Attorn Gen. May it please your Lordship and you Gentlemen that are sworn this is an Indictment of High Treason in conspiring and compassing the Death and Destruction of the King the nature of our Evidence against the Prisoner at the Bar. You will hear Gentlemen by the Witnesses that about Christmas last a Conspiracy and Design was set on foot to assassinate the King and accordingly to accomplish it there were several persons sent over from France by the late King James who were part of his Guards and particularly Sir George Barclay was to be the Head of them he was a Lieutenant of the Guards there and he was sent over in January last and there were a great many Troopers sent over who were to be under his Direction particularly Mr. Harris who will give you an account that he was sent over by order of King James and he was told particularly King James had a Service for him to do in England and he hop'd it might be an opportunity to advance him He was to observe the Orders of Sir George Barclay and by what Token he should know him he was to meet him in Covent Garden and he was told he might find him there twice a week in the Square about six a Clock after it was dark and that he might know him he told him he would have his White Handerchief hanging out of his Pocket accordingly Mr. Harris came over and Mr. Hare came with him and they came and did meet with Sir George Barclay and they together with Sir George Barclay and several others here in England Mr. Porter Mr. Charnock and Sir William Parkyns did enter into Consultation how to effect it there were several Meetings about it and you will find the Prisoner at the Bar was at several Meetings to that purpose and they did undertake among them to provide so many Men as might make about the Number of 40 which they thought sufficient for the execuion of this Design Gentlemen you will hear that the Prisoner at the Bar did treat with several persons to be ingaged in it particularly about the 5th of February he sent to one Bertram and askt him if he would be ingaged in a Design for King James's Service that was quickly to be executed without asking of Questions and afterwards I think he undertook he would so about the 14th February he met him again and that was the day before the first time they intended to attack the King and then being so near the time when it was to be executed he thought it proper to acquaint him with the thing he had ingag'd him in and he did acquaint him that the next morning they were to be ready to attack the King and his Guards and bid him be sure to get his Boots and other things ready for that purpose and he gave him a Guinea in order to it Bertram it seems on the 15th of February did not come and the King it seems did not go abroad that day so they were disappointed at that time but the Sunday after Bertram met him and Mr. Lowick complained that he had not come upon the Saturday according as he had undertaken and he told him it would have been the same thing he would have disappointed them if the King had been in the Field Gentlemen you shall find that as he thus engaged Mr. Bertram so he was to provide several others and he did declare that at his own Charge he had got 2 or 3 he complained of it as a Hardship put upon him that whereas Mr. Harris had 6 s. a day Subsistance and was only to take care of himself he Mr. Lowick had at his own Charges ingaged and provided several You will find Gentlemen that Mr. Rookwood who was tried Yesterday had several Meetings about it with Mr. Lowick and Mr. Harris they did think it to be a barbarous thing but however they were resolved to obey Orders and the Prisoner in particular said he wou'd