







 
   
     
       
         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.
         Cooke, Peter, d. 1696.
      
       
         
           1696
        
      
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         A25874
         Wing A3757
         ESTC R3080
         99834090
         99834090
         38574
         
           
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             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.
             Cooke, Peter, d. 1696.
             England and Wales. Court of Quarter Sessions of the Peace (Middlesex)
          
           [4], 71, [1] p.
           
             printed for Benjamin Tooke at the Middle-Temple-gate in Fleetstreet,
             London :
             MDCXCVI. [1696]
          
           
             With a preliminary order to print.
             Reproduction of the original in the British Library.
          
        
      
    
     
       
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         eng
      
       
         
           Lancashire Plot, 1689-1695 -- Early works to 1800.
           Trials (Treason) -- England -- Early works to 1800.
        
      
    
     
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           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
               St●nder●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
             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
               ●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
             whom
             he
             challenged
             upon
             the
             new
             Pannel
             ,
             the
             Persons
             challenged
             may
             be
             set
             first
             ,
             and
             those
             that
             were
             chosen
             may
             be
             omitted
             ,
             or
             so
             postponed
             ,
             that
             none
             of
             them
             whom
             he
             thought
             equal
             to
             try
             him
             ,
             can
             serve
             upon
             the
             Jury
             .
             And
             truly
             ,
             my
             Lord
             ,
             if
             I
             am
             rightly
             informed
             ,
             that
             is
             the
             Case
             upon
             this
             new
             Pannel
             ,
             some
             of
             those
             that
             were
             admitted
             and
             sworn
             are
             left
             out
             ,
             and
             most
             of
             them
             ,
             I
             think
             ,
             are
             put
             last
             in
             the
             Pannel
             whom
             he
             thought
             equal
             Men
             to
             try
             him
             ,
             and
             all
             those
             whom
             he
             challenged
             peremptorily
             ,
             are
             the
             first
             Men
             in
             the
             Pannel
             .
             This
             ,
             my
             Lord
             ,
             is
             the
             Case
             before
             you
             ,
             and
             if
             this
             be
             admitted
             ,
             the
             use
             and
             end
             of
             Challenges
             ,
             which
             are
             in
             be-benefit
             
             and
             favour
             of
             Life
             wou'd
             be
             defeated
             .
             And
             for
             Authorities
             in
             this
             Case
             ,
             besides
             the
             Reason
             and
             Ground
             of
             the
             Law
             ,
             many
             cannot
             be
             expected
             ,
             because
             it
             is
             a
             Fact
             that
             rarely
             happens
             .
             I
             find
             none
             of
             the
             ancient
             Practicers
             ever
             knew
             it
             ,
             but
             I
             find
             that
             a
             Tales
             ought
             to
             be
             granted
             ,
             so
             it
             is
             said
             in
             several
             Books
             ,
             as
             in
             Stamford
             ,
             155.
             156.
             when
             ever
             upon
             the
             principal
             Pannel
             ,
             all
             the
             Jury
             does
             not
             appear
             ,
             or
             so
             many
             of
             them
             do
             not
             ,
             that
             there
             are
             not
             enough
             left
             to
             make
             a
             Jury
             ,
             which
             is
             our
             very
             Case
             ;
             then
             in
             such
             Case
             the
             Pannel
             shall
             not
             be
             quasht
             or
             abated
             ;
             but
             a
             Tales
             granted
             ,
             so
             is
             14
             H.
             7.
             7.
             there
             the
             Question
             was
             ,
             Whether
             there
             should
             be
             a
             greater
             Number
             returned
             upon
             the
             Tales
             then
             were
             in
             the
             principal
             Pannel
             ,
             and
             there
             the
             Difference
             was
             insisted
             upon
             ,
             and
             agreed
             ,
             That
             where
             it
             is
             between
             Party
             and
             Party
             ,
             where
             Life
             is
             not
             concerned
             ,
             it
             shall
             not
             ,
             but
             where
             Life
             is
             concerned
             ,
             and
             the
             Prisoner
             has
             Power
             to
             Challenge
             35
             Peremptorily
             ,
             there
             the
             Judge
             may
             award
             as
             many
             upon
             the
             Tales
             as
             he
             pleases
             ,
             that
             there
             may
             be
             enough
             to
             remain
             after
             the
             Challenges
             ;
             so
             that
             if
             this
             old
             Pannel
             be
             not
             abated
             ,
             and
             cou'd
             not
             be
             quasht
             ,
             and
             a
             Tales
             might
             be
             granted
             to
             consist
             of
             any
             Number
             ,
             I
             conceive
             the
             Prisoner
             cannot
             be
             Tryed
             upon
             this
             new
             Pannel
             ,
             but
             it
             will
             be
             Erroneous
             ;
             and
             I
             humbly
             submit
             to
             your
             Lordships
             ,
             whether
             you
             will
             proceed
             upon
             it
             .
          
        
         
           
             Sir
             B.
             Shower
             ,
          
           
             If
             your
             Lordship
             pleases
             to
             spare
             me
             a
             Word
             of
             the
             same
             side
             ,
             with
             Submission
             .
             We
             think
             there
             ought
             to
             have
             been
             an
             
               Habeas
               Corpora
            
             ,
             with
             a
             Tales
             ,
             such
             as
             had
             been
             before
             Sworn
             ,
             being
             to
             be
             part
             of
             the
             Jury
             now
             ,
             and
             that
             is
             the
             proper
             way
             to
             bring
             the
             Prisoner
             to
             his
             Tryal
             in
             this
             Case
             ;
             the
             Kings
             Counsel
             cannot
             expect
             we
             shou'd
             produce
             many
             Presidents
             ,
             for
             I
             believe
             this
             is
             the
             second
             of
             the
             kind
             that
             ever
             happened
             ,
             at
             least
             ,
             within
             Memory
             ,
             That
             a
             Tryal
             in
             Treason
             was
             put
             off
             
               pro
               defectu
               Juratorum
            
             ,
             though
             I
             have
             a
             President
             that
             I
             think
             is
             express
             in
             the
             Case
             ;
             but
             we
             insist
             in
             the
             first
             place
             ,
             That
             a
             Tales
             does
             lie
             at
             Common-Law
             ,
             in
             the
             Case
             of
             Life
             ;
             and
             so
             the
             Book
             that
             Mr.
             Serjeant
             cited
             in
             Stamford
             ,
             is
             express
             ;
             and
             then
             we
             say
             ,
             that
             the
             Answer
             which
             we
             expect
             ,
             that
             we
             are
             now
             before
             Justices
             of
             Goal
             Delivery
             ,
             is
             not
             sufficient
             ,
             because
             the
             Justices
             of
             Goal-Delivery
             ,
             though
             they
             do
             not
             usually
             award
             Process
             by
             way
             of
             Writ
             ,
             but
             before
             their
             coming
             ,
             they
             Command
             the
             Sheriff
             to
             have
             his
             County
             ready
             there
             ,
             and
             so
             in
             Fact
             ,
             it
             is
             a
             Parol
             Precept
             ;
             yet
             when
             it
             is
             return'd
             ,
             then
             it
             is
             entred
             upon
             Record
             ,
             either
             
               Preceptum
               est
               Vice
               Comiti
               quod
               venire
               faceret
            
             ;
             or
             ,
             
               Ideo
               veniat
               Jurata
            
             ;
             and
             the
             Jury
             are
             entred
             upon
             Record
             :
             So
             that
             take
             it
             to
             be
             before
             Justices
             of
             Goal-Delivery
             ,
             yet
             the
             Sheriff
             having
             returned
             a
             Pannel
             ,
             and
             that
             being
             upon
             the
             File
             ,
             as
             appears
             before
             your
             Eyes
             ,
             in
             Obedience
             to
             your
             Command
             ,
             and
             that
             Copy
             of
             the
             Pannel
             being
             delivered
             to
             us
             two
             Days
             before
             Saturday
             last
             ,
             we
             humbly
             submit
             it
             to
             your
             Lordship
             ,
             Whether
             by
             force
             of
             the
             Common-Law
             ,
             and
             of
             the
             late
             Act
             of
             Parliament
             ,
             we
             ought
             not
             to
             be
             Tryed
             by
             that
             Pannel
             ;
             we
             insist
             upon
             it
             ,
             that
             the
             Act
             intends
             ,
             and
             expresly
             designed
             ,
             that
             not
             only
             the
             Prisoner
             shou'd
             have
             a
             Copy
             of
             the
             Pannel
             that
             the
             Sheriff
             return'd
             at
             any
             time
             after
             ,
             but
             that
             he
             shou'd
             be
             Tryed
             by
             the
             Pannel
             that
             we
             had
             a
             Copy
             of
             at
             first
             ;
             for
             it
             is
             not
             said
             a
             Copy
             ,
             
               toties
               quoties
            
             the
             Court
             shall
             think
             fit
             to
             award
             a
             Precept
             for
             a
             new
             Pannel
             ,
             but
             the
             Words
             of
             the
             Act
             are
             a
             Copy
             of
             the
             Jury
             duly
             returned
             by
             the
             Sheriff
             ;
             now
             this
             we
             had
             ,
             and
             your
             Lordship
             knows
             it
             is
             not
             a
             return'd
             Pannel
             till
             it
             be
             in
             Court
             ,
             and
             then
             it
             becomes
             part
             of
             the
             Record
             :
             My
             Lord
             ,
             I
             do
             agree
             the
             Justices
             in
             some
             Cases
             have
             quasht
             and
             set
             aside
             Pannels
             and
             Juries
             ,
             and
             ordered
             new
             ones
             ;
             and
             I
             confess
             there
             was
             an
             extraordinary
             Case
             in
             the
             time
             of
             King
             Charles
             the
             Second
             ,
             which
             was
             upon
             the
             Indictment
             against
             Whitebread
             ,
             where
             ,
             after
             the
             Jury
             Charged
             ,
             and
             Evidence
             given
             ,
             the
             Jury
             was
             discharged
             ,
             and
             a
             new
             Pannel
             made
             the
             next
             Sessions
             ,
             upon
             which
             Whitebread
             was
             Tryed
             and
             Convicted
             ;
             how
             just
             or
             regular
             that
             was
             ,
             I
             will
             not
             insist
             upon
             
             now
             ,
             but
             I
             am
             sure
             there
             were
             great
             Complaints
             of
             that
             Practice
             ,
             and
             few
             Presidents
             can
             be
             shewn
             of
             the
             like
             ;
             but
             besides
             the
             Parties
             themselves
             waved
             it
             there
             ,
             no
             Objection
             being
             taken
             against
             it
             ,
             but
             we
             insist
             upon
             it
             in
             this
             Case
             ,
             that
             this
             being
             upon
             Record
             ,
             is
             part
             of
             the
             Record
             ,
             and
             so
             appears
             to
             the
             Court
             ;
             if
             the
             Record
             indeed
             were
             to
             be
             made
             up
             upon
             a
             Writ
             of
             Error
             ,
             perhaps
             it
             wou'd
             be
             no
             Error
             ▪
             because
             it
             may
             be
             they
             wou'd
             leave
             it
             out
             ;
             but
             here
             it
             appears
             there
             was
             a
             Pannel
             of
             Record
             before
             you
             ,
             and
             this
             must
             either
             be
             quasht
             ,
             or
             altered
             ,
             or
             continued
             on
             by
             Process
             ,
             you
             have
             power
             to
             quash
             it
             ,
             it
             it
             be
             unduely
             returned
             by
             the
             Sheriff
             .
             If
             there
             be
             any
             evil
             Practices
             for
             procuring
             the
             Pannel
             ,
             either
             by
             the
             Prosecutor
             ,
             or
             the
             Prisoner
             ,
             if
             there
             be
             no
             Freeholders
             return'd
             ,
             or
             the
             same
             happen
             in
             any
             other
             respect
             not
             to
             be
             legally
             done
             according
             to
             the
             Command
             or
             Precept
             of
             the
             Court
             ;
             but
             because
             there
             is
             a
             Default
             of
             appearance
             of
             Jurors
             ,
             no
             Pannel
             was
             ever
             quasht
             upon
             that
             Account
             ;
             then
             say
             we
             ,
             if
             it
             be
             not
             quasht
             ,
             this
             Pannel
             must
             continue
             .
             For
             ,
             what
             shall
             become
             of
             it
             ,
             why
             should
             it
             not
             continue
             ?
             It
             is
             not
             within
             the
             Act
             of
             Parliament
             ,
             that
             gives
             the
             Justices
             Power
             to
             make
             a
             new
             Pannel
             ,
             as
             in
             the
             Case
             of
             a
             grand
             Jury
             ,
             when
             they
             are
             guilty
             of
             Concealments
             ,
             or
             refuse
             to
             find
             Bills
             upon
             great
             Evidence
             ,
             but
             we
             have
             no
             such
             Case
             before
             you
             ,
             nor
             do
             I
             know
             any
             such
             Rule
             as
             can
             reach
             this
             ;
             so
             that
             we
             take
             it
             ,
             there
             is
             no
             difference
             between
             this
             Case
             ,
             as
             before
             Justices
             of
             Goal-Delivery
             ,
             and
             other
             Justices
             ;
             that
             Process
             does
             lie
             against
             the
             Jury
             that
             does
             not
             appear
             even
             in
             Treason
             and
             Felony
             ,
             there
             is
             no
             Dispute
             ,
             and
             it
             is
             very
             properly
             so
             ,
             if
             it
             be
             before
             Commissioners
             of
             Oyer
             and
             Terminer
             ;
             first
             a
             
               Venire
               facias
            
             ,
             and
             then
             upon
             Default
             ,
             a
             
               Habeas
               Corpora
            
             ,
             that
             is
             the
             proper
             way
             ;
             then
             take
             it
             before
             Justices
             of
             Goal-Delivery
             ,
             there
             it
             is
             entered
             upon
             Record
             ,
             
               Preceptum
               est
               Vice
               Comiti
            
             .
             &c.
             And
             here
             is
             a
             Pannel
             returned
             by
             vertue
             of
             this
             Precept
             ,
             and
             some
             of
             the
             Jury
             do
             not
             appear
             ,
             and
             so
             there
             are
             not
             enough
             to
             Try
             the
             Prisoner
             after
             a
             great
             many
             Sworn
             and
             Challenged
             ,
             and
             this
             entered
             upon
             Record
             .
             What
             shall
             become
             of
             that
             Pannel
             ,
             it
             cannot
             be
             quasht
             ,
             nor
             abated
             ?
             My
             Lord
             ,
             there
             is
             a
             Case
             that
             does
             Warrant
             that
             Opinion
             of
             a
             Tales
             in
             a
             Case
             of
             Felony
             ;
             and
             if
             there
             may
             be
             a
             Tales
             ,
             then
             there
             may
             be
             an
             
               Habeas
               Corpora
            
             ,
             and
             there
             are
             Directions
             how
             the
             Jurors
             shall
             be
             Sworn
             again
             ,
             upon
             their
             appearance
             on
             the
             
               Habeas
               Corpora
            
             ;
             and
             that
             is
             
             Wharton's
             Case
             in
             Telverton
             ,
             23.
             
          
        
         
           
             Mr.
             J.
             Powell
             ,
          
           
             Jun.
             Do
             not
             dispute
             that
             ,
             it
             is
             plain
             ,
             That
             a
             Tales
             does
             lie
             in
             Felony
             ,
             upon
             a
             Commission
             of
             Oyer
             and
             Terminer
             ;
             but
             can
             you
             shew
             me
             .
             Sir
             Bartholomew
             ,
             any
             where
             ,
             that
             upon
             a
             Commission
             of
             Goal-Delivery
             a
             Tales
             does
             lie
             ?
          
        
         
           
             Sir
             B.
             Shower
             ,
          
           
             Sir.
             I
             can
             only
             shew
             the
             Reason
             of
             the
             Law
             ,
             and
             I
             cannot
             find
             that
             does
             contradict
             what
             we
             now
             contend
             for
             .
          
        
         
           
             Mr.
             J.
             Powell
             ▪
             
          
           
             I
             tell
             you
             Sir
             Bartholomew
             ,
             there
             is
             no
             Tales
             but
             with
             a
             
               Habeas
               Corpora
            
             to
             bring
             in
             the
             first
             Jurors
             ,
             and
             that
             cannot
             be
             upon
             a
             Parol
             Precept
             on
             a
             Commission
             of
             Oyer
             and
             Terminer
             ,
             there
             goes
             a
             
               Venire
               facias
            
             ,
             which
             is
             a
             Writ
             upon
             which
             the
             
               Habeas
               Corpora
            
             may
             be
             grounded
             ,
             but
             there
             is
             no
             
               Venire
               facias
            
             upon
             a
             Commission
             of
             Goal-Delivery
             .
          
        
         
           
             Sir
             B.
             Shower
             ,
          
           
             Why
             shou'd
             there
             not
             be
             a
             Precept
             in
             nature
             of
             an
             
               Habeas
               Corpora
            
             for
             a
             Jury
             return'd
             ,
             upon
             a
             Precept
             as
             well
             as
             on
             a
             Writ
             ?
          
        
         
           
             Mr.
             J.
             Powell
             ,
          
           
             No
             ,
             it
             never
             was
             done
             ,
             the
             Commission
             of
             Goal-Delivery
             〈◊〉
             a
             general
             Commission
             that
             does
             Authorize
             the
             Sheriff
             to
             impannel
             ,
             and
             ●ave
             a
             Jury
             ready
             at
             the
             day
             appointed
             ,
             for
             the
             Delivery
             of
             the
             Goal
             ,
             to
             Try
             the
             Prisoners
             ;
             it
             doth
             import
             in
             it self
             a
             general
             Precept
             for
             that
             purpose
             ,
             before
             Issue
             joyned
             ,
             which
             the
             Sheriff
             cannot
             do
             in
             the
             Case
             of
             a
             Commission
             of
             Cyer
             and
             Terminer
             ,
             but
             must
             have
             a
             Writ
             of
             
               Venire
               facias
            
             ,
             after
             Issue
             joyned
             .
          
        
         
           
           
             Mr.
             Sol.
             Gen.
             
          
           
             In
             all
             the
             Cases
             that
             they
             cite
             ,
             there
             is
             a
             Writ
             of
             
               Venire
               facias
            
             ,
             upon
             which
             the
             after
             Process
             ,
             by
             Writ
             ,
             may
             be
             grounded
             ;
             but
             here
             is
             no
             Foundation
             for
             any
             future
             Process
             by
             Writ
             ,
             because
             it
             is
             only
             by
             Parol
             Precept
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Sure
             these
             Gentlemen
             don't
             think
             what
             they
             say
             ,
             the
             Pannel
             is
             not
             part
             of
             the
             Record
             ,
             and
             there
             is
             no
             Record
             of
             it
             ,
             nothing
             but
             the
             Clerks
             Entry
             in
             a
             Paper
             ,
             or
             Note
             ,
             for
             his
             own
             Memorandum
             .
          
        
         
           
             Mr.
             J.
             Rokeby
             .
          
           
             Brother
             Darnal
             ,
             have
             you
             any
             Book
             that
             says
             ,
             Justices
             of
             Goal-Delivery
             must
             award
             a
             Tales
             upon
             default
             of
             the
             Jurors
             .
          
        
         
           
             Mr.
             Serj
             Darnal
             ,
          
           
             No
             my
             Lord
             ,
             I
             cannot
             say
             so
             .
          
        
         
           
             L
             C.
             J.
             Treby
             ,
          
           
             Suppose
             all
             the
             Jury
             had
             been
             challenged
             ,
             or
             dy'd
             .
          
        
         
           
             Mr.
             J.
             Powell
             ,
          
           
             there
             cou'd
             be
             no
             quashing
             of
             it
             ,
             but
             it
             wou'd
             fall
             of
             it self
             ,
             for
             want
             of
             a
             Jury
             .
          
        
         
           
             Mr.
             J.
             Rokeby
             ,
          
           
             If
             ,
             according
             to
             your
             Doctrine
             ,
             we
             must
             keep
             to
             the
             first
             Pannel
             ,
             the
             Consequence
             wou'd
             be
             ,
             there
             wou'd
             be
             no
             Tryal
             at
             all
             .
          
        
         
           
             Sir
             B.
             Shower
             ,
          
           
             Stamford
             makes
             no
             difference
             that
             I
             can
             see
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             But
             these
             Gentlemen
             have
             been
             told
             the
             difference
             ,
             upon
             which
             this
             Matter
             is
             grounded
             ,
             a
             Tales
             cannot
             be
             without
             a
             
               Habeas
               Corpora
            
             ,
             and
             a
             
               Habeas
               Corpora
            
             cannot
             be
             without
             a
             
               Venire
               facias
            
             ,
             but
             a
             Commission
             of
             Goal
             Delivery
             cannot
             award
             a
             
               Venire
               facias
            
             ,
             because
             that
             is
             not
             to
             be
             awarded
             till
             Issue
             joyned
             .
          
        
         
           
             Mr.
             B.
             Powis
             .
          
           
             The
             return
             of
             this
             Pannel
             before
             Justices
             of
             Goal-Delivery
             ,
             is
             an
             Act
             of
             the
             Sheriff
             ,
             by
             vertue
             of
             the
             Commission
             ,
             and
             nothing
             appears
             of
             Record
             till
             the
             Jury
             are
             Sworn
             .
          
        
         
           
             Mr.
             J.
             Rokeby
             ,
          
           
             They
             object
             that
             it
             is
             upon
             Record
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             By
             the
             Record
             ,
             they
             mean
             the
             Clerk's
             Note
             .
          
        
         
           
             Mr.
             Att
             Gen.
             
          
           
             If
             you
             please
             to
             look
             upon
             the
             Indictment
             ,
             there
             is
             no
             Entry
             at
             all
             ,
             and
             that
             is
             all
             the
             Record
             before
             you
          
        
         
           
             Mr.
             J.
             Powell
             ,
          
           
             Does
             it
             appear
             upon
             Record
             ,
             that
             Nine
             were
             Sworn
             .
          
        
         
           
             Mr.
             Baker
             ,
          
           
             No
             ,
             there
             is
             nothing
             upon
             the
             Record
             .
          
        
         
           
             C.
             of
             .
             Arr.
             
          
           
             It
             does
             not
             appear
             till
             the
             Record
             is
             made
             up
             ,
             and
             nothing
             is
             entered
             till
             Twelve
             are
             Sworn
             .
          
        
         
           
             Mr.
             Serj.
             Darnal
             .
          
           
             There
             will
             be
             a
             great
             inconvenience
             ,
             if
             a
             Pannel
             may
             be
             changed
             at
             any
             time
             .
          
        
         
           
             Mr.
             J
             Powel
             ,
          
           
             This
             is
             a
             Case
             that
             never
             happened
             before
             ,
             and
             may
             be
             never
             may
             again
             .
          
        
         
           
             Sir
             B.
             Shower
             ,
          
           
             The
             Law
             will
             hold
             the
             same
             ,
             in
             case
             it
             does
             appear
             upon
             Record
             ,
             as
             well
             as
             where
             it
             does
             not
             ;
             but
             we
             say
             ,
             a
             Pannel
             return'd
             in
             Court
             is
             a
             Record
             .
          
        
         
           
             Mr.
             J.
             Powell
             ,
          
           
             No
             ,
             it
             will
             not
             ,
             because
             ,
             when
             a
             Jury
             does
             appear
             ,
             and
             the
             Twelve
             are
             sworn
             ,
             then
             it
             becomes
             parcel
             of
             the
             Record
             ;
             and
             therefore
             
             Whitebread's
             Case
             was
             quite
             another
             Case
             ,
             and
             was
             indeed
             held
             to
             be
             an
             extraordinary
             Case
             ,
             but
             that
             comes
             not
             up
             to
             this
             ,
             for
             there
             a
             full
             Jury
             was
             Sworn
             ,
             and
             Evidence
             given
             .
          
        
         
           
             Mr.
             Serj.
             Darnal
             ,
          
           
             It
             may
             be
             the
             same
             Jury
             will
             not
             be
             returned
             :
          
        
         
           
             Mr.
             J.
             Powell
             ▪
             
          
           
             But
             if
             you
             have
             a
             Copy
             of
             the
             Jury
             ,
             you
             are
             at
             no
             Mischief
             .
          
        
         
           
             Mr.
             Serj.
             Darnal
             ,
          
           
             Some
             that
             were
             in
             the
             former
             Pannel
             are
             quite
             left
             out
             .
          
        
         
           
             Mr.
             Sher.
             Buck.
             
          
           
             There
             are
             none
             left
             out
             ,
             but
             what
             were
             not
             Freeholders
             ▪
             that
             I
             know
             of
             .
          
        
         
           
             Mr.
             B.
             Powis
             ,
          
           
             He
             says
             the
             Fact
             is
             not
             true
             as
             you
             have
             alledged
             it
             .
          
        
         
           
             Mr.
             Sher.
             Buck.
             
          
           
             And
             Mr.
             
               Serjeant
               Darnal
            
             has
             been
             pleased
             to
             reflect
             upon
             us
             ,
             as
             if
             we
             had
             packt
             this
             Jury
             ,
             by
             altering
             the
             places
             of
             the
             Names
             ,
             which
             ,
             
             my
             Lord
             ,
             we
             do
             utterly
             deny
             ,
             and
             we
             only
             left
             out
             those
             that
             were
             not
             Free-holders
             .
          
        
         
           
             Mr.
             B.
             Powis
             .
          
           
             The
             Sheriff
             sayes
             he
             has
             not
             postponed
             any
             of
             them
             ,
             and
             only
             left
             out
             those
             ,
             that
             were
             not
             Free-holders
             .
          
        
         
           
             Mr.
             Ser.
             Darnal
             .
          
           
             If
             the
             Law
             were
             as
             plain
             with
             us
             as
             the
             Fact
             in
             that
             Case
             ,
             we
             should
             have
             a
             very
             good
             Case
             of
             it
             .
          
        
         
           
             Mr.
             Sher.
             Buckingham
             .
          
           
             Mr.
             Serjeant
             I
             have
             both
             the
             Pannels
             here
             ,
             they
             may
             be
             compared
             .
          
        
         
           
             Mr.
             Ser.
             Darnal
             .
          
           
             I
             said
             no
             harm
             ,
             Mr.
             Sheriff
             ,
             nor
             meant
             any
             Reflection
             upon
             you
             .
          
        
         
           
             Mr.
             Sher.
             Buckingham
             .
          
           
             Mr.
             Serjeant
             was
             pleased
             to
             say
             ,
             the
             excepted
             men
             were
             put
             in
             the
             Front
             ,
             and
             those
             that
             were
             sworn
             were
             put
             last
             .
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             There
             is
             nothing
             at
             all
             in
             the
             Objection
             .
          
        
         
           
             Mr.
             J.
             Powel
             .
          
           
             Really
             ,
             because
             it
             was
             opened
             as
             a
             Reflection
             ,
             it
             will
             be
             proper
             for
             the
             Sheriff
             to
             clear
             it
             .
          
        
         
           
             Mr.
             Sher.
             Buckingham
             .
          
           
             My
             Lord
             ,
             the
             answer
             I
             give
             to
             it
             ,
             is
             ,
             that
             particularly
             one
             that
             was
             sworn
             last
             time
             ,
             is
             now
             at
             the
             very
             beginning
             of
             the
             Pannel
             ,
             and
             in
             general
             they
             are
             mixt
             promiscuously
             ,
             without
             any
             design
             or
             study
             in
             the
             least
             .
             He
             sayes
             we
             have
             left
             out
             those
             that
             served
             before
             .
             I
             solemnly
             protest
             ,
             I
             know
             not
             one
             Man
             Returned
             upon
             the
             last
             Pannel
             that
             is
             left
             out
             ,
             unless
             it
             appeared
             that
             he
             is
             no
             Free-holder
             ,
             and
             we
             had
             no
             reason
             to
             put
             in
             them
             ,
             that
             we
             knew
             could
             not
             serve
             .
          
        
         
           
             Mr.
             Serj.
             Darnal
             .
          
           
             That
             can't
             appear
             to
             us
             ,
             that
             they
             are
             not
             Free-holders
             .
          
        
         
           
             Mr.
             J.
             Rokeby
             .
          
           
             But
             it
             appears
             to
             him
             ,
             and
             therefore
             he
             did
             well
             to
             leave
             them
             out
             .
          
        
         
           
             Mr.
             Sher
             Buckingham
             .
          
           
             What
             I
             say
             ,
             I
             am
             ready
             to
             give
             upon
             my
             Oath
             .
          
        
         
           
             Mr.
             Serj.
             Darnal
             .
          
           
             I
             say
             there
             is
             one
             
               Henry
               Beadle
            
             left
             out
             ,
             and
             he
             was
             one
             that
             was
             sworn
             .
          
        
         
           
             Mr.
             Sher.
             Buckingham
             .
          
           
             I
             will
             not
             say
             for
             a
             particular
             man
             ,
             I
             protest
             ,
             that
             I
             did
             not
             know
             he
             was
             left
             out
             .
             If
             it
             be
             so
             ,
             it
             was
             by
             mistake
             ;
             for
             I
             know
             Mr.
             Beadle
             very
             well
             ,
             and
             I
             take
             him
             to
             be
             an
             honest
             man
             ,
             and
             very
             well
             affected
             to
             the
             Government
             ,
             as
             any
             man.
             
          
        
         
           
             Mr.
             Serj.
             Darnal
             .
          
           
             We
             desire
             to
             be
             tryed
             by
             men
             that
             are
             honest
             and
             well
             affected
             to
             the
             Government
             .
          
        
         
           
             Mr.
             Sher.
             Buckingham
             .
          
           
             There
             you
             have
             of
             them
             ,
             Sir.
             
          
        
         
           
             Mr.
             Serj.
             Darnal
             
          
           
             Those
             that
             were
             sworn
             are
             put
             last
             of
             all
             ,
             and
             there
             is
             not
             above
             one
             of
             them
             that
             is
             within
             possibility
             of
             coming
             on
             again
             .
          
        
         
           
             Mr.
             Sher.
             Buckingham
             .
          
           
             It
             will
             appear
             by
             Mr.
             Cooks
             Challenges
             ,
             and
             the
             other
             Pannel
             ,
             that
             they
             stood
             late
             before
             ,
             and
             
               Thomas
               Clark
            
             ,
             who
             was
             sworn
             the
             last
             time
             ,
             stands
             tenth
             man
             upon
             the
             Pannel
             .
          
        
         
           
             Mr.
             Ser.
             Darnal
             .
          
           
             He
             was
             sworn
             after
             we
             had
             gone
             through
             the
             Pannel
             ,
             and
             took
             all
             our
             Challenges
             ,
             not
             appearing
             at
             first
             .
          
        
         
           
             Mr.
             Sher.
             Buckingham
             .
          
           
             I
             tell
             you
             they
             stand
             for
             the
             most
             part
             as
             they
             did
             ,
             for
             ought
             I
             know
             .
          
        
         
           
             Mr.
             Ser.
             Darnal
             .
          
           
             There
             is
             but
             one
             in
             threescore
             and
             ten
             ,
             that
             can
             be
             sworn
             now
             ,
             of
             them
             that
             were
             sworn
             before
             ,
             and
             there
             were
             nine
             of
             them
             then
             sworn
             .
          
        
         
           
             Mr.
             Attor
             .
             Gen.
             
          
           
             That
             is
             a
             mistake
             .
             Indeed
             there
             are
             a
             great
             many
             added
             to
             the
             Pannel
             ,
             because
             there
             was
             a
             defect
             the
             last
             time
             ,
             and
             therefore
             now
             they
             may
             perhaps
             stand
             later
             .
          
        
         
           
             Mr.
             Ser.
             Darnal
             .
          
           
             I
             do
             not
             speak
             to
             reflect
             upon
             the
             Sheriffs
             :
             I
             go
             according
             to
             my
             Instructions
             .
          
        
         
           
             Mr.
             J.
             Powel
             .
          
           
             If
             it
             had
             been
             so
             it
             had
             been
             well
             enough
             for
             you
             must
             be
             
             contented
             ,
             the
             Court
             must
             take
             it
             as
             the
             Sheriff
             returns
             it
             ,
             and
             you
             have
             a
             Copy
             of
             it
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Here
             are
             four
             of
             them
             that
             were
             sworn
             before
             ,
             that
             stood
             above
             sixty
             off
             in
             the
             old
             Pannel
             .
          
        
         
           
             Mr.
             Sher.
             Buck.
             
          
           
             The
             first
             Man
             that
             was
             sworn
             ,
             Mr.
             Sherbrook
             ,
             stands
             within
             the
             first
             Twelve
             now
             (
             as
             well
             as
             before
             .
             )
          
        
         
           
             Mr.
             J.
             Powell
             ,
          
           
             If
             they
             had
             been
             all
             new
             ,
             there
             had
             been
             nothing
             in
             that
             .
          
        
         
           
             Mr.
             J.
             Rokeby
             .
          
           
             Truly
             ,
             I
             can't
             see
             but
             that
             the
             Sheriff
             hath
             done
             like
             an
             equal
             ,
             just
             ,
             fair
             ,
             and
             honest
             Officer
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             They
             may
             challenge
             as
             they
             will.
             
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             You
             are
             to
             consider
             ,
             that
             this
             happens
             ,
             because
             you
             run
             out
             as
             far
             as
             your
             utmost
             Number
             ,
             that
             time
             you
             challenged
             thirty
             five
             peremptorily
             ,
             and
             divers
             others
             for
             Cause
             ;
             so
             as
             not
             to
             leave
             enough
             for
             a
             Jury
             ,
             and
             from
             that
             alone
             arose
             a
             necessity
             of
             increasing
             the
             Number
             of
             the
             Pannel
             .
          
        
         
           
             Mr.
             Serj.
             Darnal
             ,
          
           
             It
             was
             our
             Client
             that
             challenged
             them
             ,
             we
             do
             not
             advise
             him
             whom
             to
             challenge
             .
          
        
         
           
             Mr.
             J
             Rokeby
             ,
          
           
             But
             you
             must
             take
             the
             consequence
             of
             it
             ,
             which
             causes
             this
             addition
             to
             the
             Pannel
             .
          
        
         
           
             L
             C.
             J.
             Treby
             ,
          
           
             What
             do
             you
             complain
             of
             ?
             they
             that
             are
             returned
             ,
             are
             put
             in
             the
             same
             order
             as
             they
             were
             before
             ;
             they
             that
             were
             sworn
             ,
             were
             (
             for
             the
             most
             part
             )
             late
             in
             the
             Pannel
             then
             ,
             and
             so
             they
             are
             now
             .
             I
             do
             not
             find
             any
             thing
             done
             to
             the
             prejudice
             of
             the
             Prisoner
             .
          
        
         
           
             Mr.
             Serj
             Darnal
             ,
          
           
             If
             the
             Christian
             Names
             had
             not
             been
             mistaken
             ,
             there
             had
             been
             perhaps
             enough
             to
             have
             been
             sworn
             .
          
        
         
           
             L.
             C.
             J
             Treby
             ,
          
           
             That
             's
             a
             good
             Argument
             for
             a
             new
             Pannel
             ,
             because
             the
             Christian
             Names
             were
             mistaken
             before
             .
          
        
         
           
             Mr.
             J
             Powell
             ,
          
           
             It
             was
             by
             defect
             of
             Jurors
             ,
             and
             therefore
             there
             was
             an
             absolute
             necessity
             of
             a
             new
             Pannel
             .
          
        
         
           
             L.
             C.
             J
             Treby
             ,
          
           
             I
             am
             of
             the
             same
             Opinion
             .
          
           
             
             Wharton's
             Case
             is
             well
             known
             .
             It
             was
             much
             cited
             ,
             as
             to
             another
             Point
             in
             
             Bushel's
             Case
             .
             It
             was
             a
             Tryal
             at
             the
             
             King's
             Bench
             Bar
             at
             Westminster
             by
             a
             Jury
             of
             Kent
             ,
             upon
             an
             Indictment
             of
             Murther
             .
          
           
             And
             I
             think
             you
             say
             the
             Case
             of
             H.
             7.
             was
             between
             party
             and
             party
             in
             Appeal
             .
             And
             I
             believe
             
             Stamford's
             Discourse
             ,
             in
             the
             place
             cited
             ,
             relates
             chiefly
             to
             Appeals
             .
          
           
             I
             shall
             not
             deny
             that
             a
             Tales
             may
             possibly
             be
             upon
             an
             Indictment
             before
             Justices
             of
             Oyer
             and
             Terminer
             .
             Though
             't
             is
             not
             usual
             ,
             nor
             do
             you
             shew
             ,
             or
             our
             experienced
             Clerks
             know
             any
             such
             President
             .
             I
             agree
             ,
             that
             in
             the
             mentioned
             Cases
             ,
             a
             Tales
             was
             proper
             .
             For
             ,
             in
             both
             those
             Cases
             
               (
               viz.
            
             of
             
               Appeal
               and
               Indictment
               removed
               into
               the
               King's
               Bench
               )
            
             the
             Process
             for
             the
             Jury
             was
             ,
             as
             it
             ought
             to
             be
             ,
             by
             Writs
             of
             
               Venire
               facias
            
             ,
             &c.
             upon
             which
             a
             full
             Jury
             not
             appearing
             ,
             there
             must
             be
             a
             Tales
             .
             But
             in
             proceeding
             to
             Tryal
             before
             Justices
             of
             Oyer
             and
             Terminer
             ,
             on
             such
             Indictment
             as
             is
             here
             ,
             though
             I
             will
             not
             say
             but
             they
             may
             proceed
             by
             Writ
             of
             
               Venire
               facias
            
             :
             Yet
             I
             do
             say
             ,
             that
             the
             more
             known
             Course
             is
             by
             Precept
             ,
             in
             nature
             of
             a
             
               Venire
               facias
            
             .
             And
             the
             usage
             is
             ,
             that
             After
             (
             and
             never
             Before
             )
             the
             Prisoner
             hath
             pleaded
             
               Not
               Guilty
            
             ,
             there
             goes
             a
             Precept
             to
             the
             Sheriff
             under
             the
             Seals
             of
             the
             said
             Justices
             of
             Oyer
             and
             Terminer
             ,
             returnable
             at
             such
             day
             as
             they
             shall
             Adjourn
             to
             ,
             for
             returning
             a
             Jury
             to
             Try
             it
             .
             
             (
             as
             was
             done
             lately
             ,
             upon
             Advice
             ,
             in
             the
             Case
             of
             Rookwood
             ,
             &c.
             )
             And
             upon
             the
             return
             of
             that
             ,
             if
             ,
             after
             Challenges
             ,
             there
             are
             not
             enough
             left
             to
             make
             a
             Jury
             ,
             whether
             those
             Justices
             shall
             issue
             a
             Precept
             
             in
             nature
             of
             a
             
               Habeas
               Corpora
            
             ,
             or
             Distringas
             with
             a
             Tales
             ,
             or
             another
             Precept
             in
             the
             same
             form
             as
             before
             ,
             and
             without
             taking
             notice
             of
             the
             former
             ,
             is
             a
             Question
             not
             in
             Judgment
             before
             us
             .
             For
             ,
             we
             are
             about
             proceeding
             to
             a
             Tryal
             on
             an
             Indictment
             in
             this
             Court
             of
             Goal-Delivery
             ,
             (
             which
             is
             the
             Court
             wherein
             generally
             all
             capital
             Crimes
             are
             Tryed
             ,
             as
             well
             at
             this
             Place
             ,
             as
             at
             the
             
               Assizes
               .
            
             )
             And
             ,
             I
             think
             ,
             Here
             cannot
             be
             a
             Tales
             .
             I
             am
             sure
             it
             is
             not
             necessary
             .
             For
             ,
             First
             ,
             Here
             is
             never
             any
             Writ
             of
             
               Venire
               facias
            
             ,
             &c.
             
             Secondly
             ,
             Nor
             ever
             a
             Precept
             for
             returing
             a
             Jury
             to
             Try
             a
             particular
             Issue
             .
             But
             this
             Court
             takes
             the
             Pannels
             of
             Jurys
             returned
             by
             the
             Sheriff
             without
             any
             particular
             Precept
             to
             him
             .
          
           
             The
             Course
             of
             proceeding
             by
             vertue
             of
             a
             Commission
             of
             Goal-Delivery
             ,
             which
             is
             the
             Law
             in
             this
             case
             ,
             is
             this
             ,
             viz.
             There
             is
             ,
             Antecedent
             to
             the
             coming
             of
             the
             Justices
             ,
             a
             General
             Commandment
             ,
             or
             Precept
             made
             in
             Writing
             ,
             to
             the
             Sheriff
             by
             the
             said
             Justices
             ,
             to
             return
             Juries
             against
             their
             coming
             ,
             for
             the
             Trying
             of
             all
             and
             singular
             Prisoners
             in
             their
             Goal
             ,
             whether
             they
             have
             pleaded
             before
             ,
             or
             shall
             after
             .
             And
             for
             that
             purpose
             it
             requires
             the
             Sheriff
             to
             Summon
             ,
             out
             of
             all
             parts
             of
             his
             County
             ,
             whence
             the
             Prisoners
             come
             ,
             a
             great
             Number
             of
             Freeholders
             ,
             not
             a
             Kin
             to
             the
             Prisoners
             ,
             to
             be
             at
             the
             time
             and
             place
             appointed
             for
             holding
             the
             Court.
             The
             Sheriff
             ,
             by
             vertue
             of
             this
             general
             previous
             Precept
             ,
             summoneth
             many
             for
             Jurors
             ,
             and
             prepares
             divers
             several
             Pannels
             of
             their
             Names
             ,
             either
             at
             first
             ,
             or
             afterwards
             ,
             as
             appears
             necessary
             ,
             and
             returneth
             and
             delivereth
             in
             one
             or
             more
             of
             these
             Pannels
             from
             time
             to
             time
             ,
             as
             the
             Court
             does
             need
             ,
             and
             call
             for
             any
             .
             This
             ,
             we
             know
             ,
             in
             Fact
             ,
             is
             frequently
             done
             where
             the
             Sessions
             of
             Goal-Delivery
             lasts
             several
             days
             ,
             and
             there
             is
             occasion
             .
             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
               Pann●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
             
               H●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
             Jam●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
             imag●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
             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
             ,
             in
             the
             War
             aforesaid
             :
             And
             to
             Stir
             up
             and
             Procure
             those
             Foes
             and
             Enemies
             the
             readilier
             ,
             and
             more
             boldly
             ,
             this
             Kingdom
             of
             England
             to
             Invade
             ,
             the
             Treasons
             ,
             and
             Trayterous
             Contrivances
             ,
             Compassings
             ,
             Imaginings
             ,
             and
             Purposes
             of
             the
             said
             
               Peter
               Cook
            
             aforesaid
             ,
             to
             Perfect
             and
             Fulfil
             ;
             also
             the
             same
             First
             day
             of
             July
             ,
             in
             the
             Seventh
             Year
             abovesaid
             ,
             at
             London
             aforesaid
             ,
             in
             the
             Parish
             and
             Ward
             aforesaid
             ,
             He
             ,
             the
             said
             
               Peter
               Cook
            
             ,
             divers
             Horses
             ,
             and
             very
             many
             Arms
             ,
             Guns
             ,
             Muskets
             ,
             Pistols
             ,
             Rapiers
             ,
             and
             Swords
             ,
             and
             other
             Weapons
             ,
             Ammunition
             ,
             and
             Warlike
             Matters
             ,
             and
             Military
             Instruments
             ,
             Falsly
             ,
             Maliciously
             ,
             Secretly
             ,
             and
             Trayterously
             ,
             did
             Obtain
             ,
             Buy
             ,
             Gather
             together
             ,
             and
             Procure
             ;
             and
             to
             be
             Bought
             ,
             Gathered
             together
             ,
             Obtained
             ,
             and
             Procured
             ,
             did
             Cause
             ,
             and
             in
             his
             Custody
             had
             ,
             and
             detained
             to
             that
             Intent
             ,
             To
             use
             the
             same
             in
             the
             said
             Invasion
             ,
             War
             ,
             and
             Rebellion
             against
             our
             said
             Lord
             the
             King
             that
             now
             is
             ,
             Him
             ,
             our
             said
             Lord
             the
             King
             ,
             of
             and
             from
             the
             Regal
             State
             ,
             Crown
             ,
             and
             Government
             of
             this
             Kingdom
             of
             England
             ,
             to
             Depose
             ,
             Cast
             down
             ,
             and
             Deprive
             ,
             and
             Him
             to
             Kill
             and
             Murther
             ;
             and
             the
             Designs
             ,
             Intentions
             ,
             and
             all
             the
             Purposes
             of
             him
             the
             said
             
               Peter
               Cook
            
             aforesaid
             ,
             to
             Fulfil
             ,
             Perfect
             ,
             and
             fully
             to
             bring
             to
             Effect
             ,
             against
             the
             Duty
             of
             his
             Allegiance
             ,
             and
             against
             the
             Peace
             of
             our
             said
             Sovereign
             Lord
             that
             now
             is
             ,
             his
             Crown
             and
             Dignity
             ,
             as
             also
             against
             the
             Form
             of
             the
             Statute
             in
             such
             Case
             made
             and
             provided
             .
          
           
             Upon
             this
             Indictment
             he
             has
             been
             Arraigned
             ,
             and
             thereunto
             has
             pleaded
             Not
             Guilty
             ,
             and
             for
             his
             Tryal
             hath
             put
             himself
             upon
             God
             and
             his
             Country
             ,
             which
             Country
             you
             are
             ,
             your
             Charge
             is
             to
             inquire
             whether
             he
             be
             guilty
             of
             the
             High-Treason
             whereof
             he
             stands
             Indicted
             ,
             or
             not
             guilty
             ;
             if
             you
             find
             him
             guilty
             ,
             you
             are
             to
             inquire
             what
             Goods
             or
             Chattels
             ,
             Lands
             or
             Tenements
             ,
             he
             had
             at
             the
             time
             of
             the
             High-Treason
             committed
             ,
             or
             at
             any
             time
             since
             ;
             if
             you
             find
             him
             not
             guilty
             ,
             you
             are
             to
             inquire
             whether
             he
             fled
             for
             it
             ;
             if
             you
             find
             that
             he
             fled
             for
             it
             ,
             you
             are
             to
             inquire
             of
             his
             Goods
             and
             Chattels
             as
             if
             you
             had
             sound
             him
             Guilty
             ;
             if
             you
             find
             him
             not
             Guilty
             ,
             nor
             that
             he
             did
             fly
             for
             it
             ,
             you
             are
             to
             say
             so
             ,
             and
             no
             more
             ,
             and
             hear
             your
             Evidence
             .
          
        
         
           
             Mr.
             Mompesson
             .
          
           
             May
             it
             please
             your
             Lordship
             ,
             and
             you
             Gentlemen
             that
             are
             sworn
             ,
             this
             is
             an
             Indictment
             for
             High
             Treason
             against
             
               Peter
               Cook
            
             ,
             the
             Prisoner
             at
             the
             Bar
             ,
             and
             the
             Indictment
             sets
             forth
             ,
             That
             whereas
             there
             has
             been
             an
             open
             and
             cruel
             War
             for
             a
             long
             time
             ,
             and
             still
             is
             between
             his
             Majesty
             King
             William
             ,
             and
             the
             French
             King
             ,
             the
             Prisoner
             at
             the
             Bar
             not
             weighing
             the
             Duty
             of
             his
             Allegiance
             ,
             the
             First
             of
             July
             in
             the
             Seventh
             year
             of
             the
             King's
             Reign
             ,
             Did
             Compass
             and
             Intend
             to
             Depose
             and
             Deprive
             the
             King
             of
             the
             Title
             ,
             Honour
             ,
             and
             Dignity
             of
             the
             Imperial
             Crown
             of
             this
             Realm
             ,
             and
             likewise
             to
             put
             the
             King
             to
             Death
             ,
             and
             did
             adhere
             to
             the
             King's
             Enemies
             ;
             and
             to
             fulfil
             these
             Treasons
             ,
             he
             did
             Consult
             with
             Chernock
             ,
             and
             several
             other
             Traytors
             who
             were
             mentioned
             ,
             there
             ,
             and
             some
             of
             whom
             have
             been
             found
             Guilty
             of
             Treason
             ,
             and
             executed
             for
             it
             ,
             to
             send
             over
             to
             the
             late
             King
             James
             ,
             to
             perswade
             the
             French
             King
             to
             send
             over
             Soldiers
             and
             Arms
             to
             invade
             this
             Kingdom
             ,
             and
             to
             raise
             an
             Insurrection
             and
             Rebellion
             in
             it
             ,
             and
             to
             Deprive
             and
             put
             the
             King
             to
             Death
             ,
             and
             to
             compleat
             these
             Treasons
             ,
             it
             further
             sets
             forth
             ,
             That
             the
             Prisoner
             at
             the
             Bar
             did
             provide
             several
             Arms
             and
             Horses
             ,
             and
             this
             is
             
             laid
             to
             be
             against
             the
             Duty
             of
             his
             Allegiance
             ,
             against
             the
             King's
             Peace
             ,
             Crown
             and
             Dignity
             ,
             and
             against
             the
             Form
             of
             the
             Statute
             in
             that
             Case
             made
             and
             provided
             ;
             to
             this
             he
             had
             pleaded
             Not
             Guilty
             ,
             and
             for
             Tryal
             put
             himself
             upon
             the
             Country
             ,
             and
             ,
             Gentlemen
             ,
             if
             we
             prove
             these
             Facts
             laid
             in
             the
             indictment
             ,
             it
             s
             your
             Duty
             to
             find
             him
             Guilty
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             May
             it
             please
             your
             Lordship
             ,
             and
             you
             ,
             Gentlemen
             of
             the
             Jury
             ,
             the
             Prisoner
             at
             the
             Bar
             stands
             Indicted
             for
             High
             Treason
             .
          
        
         
           
             Cook.
             
          
           
             My
             Lord
             Chief-Justice
             ,
             if
             your
             Lordship
             pleases
             ,
             before
             the
             Witnesses
             are
             Examined
             against
             me
             .
             I
             intreat
             you
             that
             they
             may
             not
             be
             both
             in
             Court
             together
             ,
             that
             one
             may
             not
             hear
             what
             the
             other
             swears
             ,
             tho'
             I
             suppose
             it
             is
             the
             same
             thing
             ;
             for
             they
             have
             been
             together
             both
             now
             and
             the
             last
             day
             .
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             
               Mr.
               Cook
            
             ,
             I
             must
             tell
             you
             it
             is
             not
             necessary
             to
             be
             granted
             for
             asking
             ;
             for
             we
             are
             not
             to
             discourage
             ,
             or
             cast
             any
             Suspicion
             upon
             ,
             the
             Witnesses
             ,
             when
             there
             is
             nothing
             made
             out
             against
             them
             ;
             but
             it
             is
             a
             Favour
             that
             the
             Court
             may
             grant
             ,
             and
             does
             grant
             sometimes
             ,
             and
             now
             does
             it
             to
             you
             ;
             tho'
             it
             be
             not
             of
             necessity
             :
             they
             shall
             be
             examined
             apart
             ,
             but
             at
             present
             this
             is
             not
             the
             time
             of
             Examination
             ;
             for
             the
             King's
             Counsel
             are
             now
             to
             open
             the
             Evidence
             before
             they
             examine
             the
             Witnesses
             ;
             but
             when
             the
             time
             comes
             for
             the
             Witnesses
             to
             be
             called
             and
             examined
             ,
             the
             Court
             will
             ,
             in
             favour
             to
             you
             ,
             take
             care
             that
             your
             Request
             be
             complied
             with
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             May
             it
             please
             your
             Lordship
             ,
             the
             Prisoner
             stands
             Indicted
             for
             High
             Treason
             ,
             in
             Compassing
             and
             Imagining
             the
             Death
             and
             Destruction
             of
             his
             Majesty
             ,
             and
             likewise
             in
             adhering
             to
             his
             Majesty's
             Enemies
             ,
             these
             are
             the
             Treasons
             specified
             in
             the
             Indictment
             :
             the
             
               Overt
               Acts
            
             that
             are
             laid
             to
             prove
             these
             Treasons
             are
             ,
             That
             he
             with
             several
             other
             Traitors
             ,
             named
             in
             the
             Indictment
             ,
             did
             Meet
             and
             Consult
             ,
             and
             agree
             to
             send
             over
             Chernock
             into
             France
             ,
             to
             invite
             the
             French
             King
             to
             make
             an
             Invasion
             upon
             the
             Kingdom
             ,
             and
             did
             provide
             Arms
             for
             that
             purpose
             .
          
           
             Gentlemen
             ,
             the
             nature
             of
             the
             Evidence
             that
             you
             will
             have
             produced
             to
             prove
             the
             Prisoner
             Guilty
             of
             these
             Treasons
             lies
             thus
             :
             It
             will
             appear
             to
             you
             that
             there
             has
             been
             for
             some
             time
             a
             Conspiracy
             carried
             on
             by
             several
             Traytors
             ,
             and
             Wicked
             Persons
             ,
             to
             subvert
             the
             established
             Government
             of
             this
             Kingdom
             ,
             and
             destroy
             the
             Constitution
             of
             England
             ,
             by
             a
             Foreign
             Invasion
             of
             the
             French.
             You
             will
             hear
             that
             this
             Conspiracy
             was
             laid
             wide
             ,
             and
             consisted
             of
             several
             parts
             ,
             one
             part
             was
             that
             of
             Assassinating
             his
             Majesty's
             Royal
             Person
             ,
             and
             that
             was
             to
             be
             done
             first
             ,
             as
             a
             Preparation
             and
             Encouragement
             to
             the
             French
             to
             invade
             the
             Kingdom
             :
             the
             other
             part
             was
             the
             inviting
             the
             French
             King
             to
             invade
             us
             ,
             and
             the
             Prisoner
             at
             the
             Bar
             is
             accused
             of
             being
             concerned
             in
             that
             part
             that
             relates
             to
             the
             Invasion
             of
             this
             Kingdom
             ,
             by
             a
             French
             Power
             ;
             and
             tho'
             it
             may
             be
             the
             other
             part
             ,
             that
             of
             Assassinating
             the
             King
             ,
             be
             the
             Blackest
             part
             of
             the
             Conspiracy
             ,
             yet
             if
             the
             Prisoner
             at
             the
             Bar
             has
             been
             ingaged
             in
             the
             inviting
             a
             Foreign
             Power
             to
             invade
             the
             Kingdom
             ,
             my
             Lords
             ,
             the
             Judges
             ,
             will
             tell
             you
             ,
             in
             Point
             of
             Law
             ,
             that
             is
             as
             much
             an
             Overt
             Act
             of
             the
             Compassing
             the
             Destruction
             of
             the
             King
             and
             People
             of
             England
             ,
             and
             the
             Subversion
             of
             our
             ancient
             good
             Constitution
             ,
             as
             if
             he
             had
             been
             concerned
             immediately
             in
             the
             other
             part
             ,
             the
             Assassination
             .
          
           
           
             But
             now
             ,
             Gentlemen
             ,
             that
             the
             Prisoner
             was
             ingaged
             in
             Inviting
             the
             French
             to
             Invade
             us
             ,
             you
             will
             hear
             proved
             by
             several
             Witnesses
             ,
             that
             there
             having
             been
             a
             Design
             last
             Year
             ,
             just
             before
             his
             Majesty
             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
             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
             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
             
               Ni●i
               Prius
            
             ,
             and
             the
             Jury
             find
             that
             the
             said
             
               Cardell
               Goodman
            
             is
             Guilty
             of
             the
             Premisses
             in
             the
             Information
             specify'd
             ,
             as
             by
             the
             Information
             is
             supposed
             against
             him
             .
          
        
         
           
             Sir
             B.
             Shower
             .
          
           
             Now
             read
             the
             Judgment
             .
          
        
         
           
           
             Cl.
             of
             Arr.
             
          
           
             Thereupon
             it
             is
             consider'd
             ,
             that
             the
             said
             
               Cardell
               Goodman
            
             do
             pay
             to
             the
             King
             ,
             the
             Summ
             of
             One
             Thousand
             Pounds
             ,
             for
             his
             Fine
             ,
             impos'd
             upon
             him
             for
             the
             Occasion
             a
             foresaid
             ,
             and
             that
             the
             aforesaid
             
               Cardell
               Goodman
            
             be
             committed
             to
             the
             Marshalsea
             of
             this
             Court
             ,
             in
             Execution
             for
             his
             fine
             aforesaid
             ,
             that
             he
             be
             safely
             kept
             there
             ,
             till
             he
             pay
             his
             Fine
             aforesaid
             ;
             and
             before
             that
             the
             said
             
               Cardell
               Goodman
            
             ,
             is
             deliver'd
             out
             of
             the
             Prison
             aforesaid
             ,
             he
             shall
             give
             Security
             to
             behave
             himself
             well
             ,
             during
             his
             Life
             ,
             and
             also
             shall
             give
             Security
             for
             the
             Peace
             to
             be
             kept
             towards
             the
             said
             Lord
             the
             King
             ,
             and
             all
             his
             People
             ,
             and
             particularly
             towards
             the
             Right
             Noble
             Henry
             ,
             Duke
             of
             Grafton
             ,
             and
             George
             ,
             Duke
             of
             Northumberland
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             So
             ,
             you
             hear
             the
             Record
             of
             the
             Information
             ,
             Conviction
             and
             Judgment
             ,
             for
             a
             very
             horrid
             ,
             abominable
             Crime
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             But
             I
             desire
             they
             may
             now
             go
             on
             ,
             and
             read
             the
             whole
             of
             the
             Record
             .
          
        
         
           
             Cl.
             of
             Arr.
             
          
           
             Reads
             .
             And
             afterwards
             ,
             to
             wit
             ,
             on
             Friday
             next
             after
             eight
             Days
             of
             St.
             Hilary
             ,
             in
             the
             thirty
             sixth
             ,
             and
             thirty
             seventh
             Years
             of
             the
             Reign
             of
             our
             said
             Lord
             the
             King
             that
             now
             is
             ,
             before
             our
             said
             Lord
             the
             King
             at
             Westminster
             came
             the
             aforesaid
             Sir
             
               Robert
               Sawyer
            
             ,
             Knight
             ,
             Attorney
             General
             of
             the
             said
             Lord
             the
             King
             that
             now
             is
             ,
             and
             acknowledged
             that
             the
             said
             
               Cardell
               Goodman
            
             ,
             has
             satisfy'd
             to
             our
             said
             Lord
             the
             King
             that
             now
             is
             ,
             of
             the
             Judgment
             aforesaid
             against
             him
             ,
             in
             Form
             aforesaid
             given
             ,
             therefore
             the
             said
             
               Cardell
               Goodman
            
             is
             thereof
             acquitted
             ,
             And
             so
             forth
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             
               Call
               Mr.
            
             Charles
             Edwards
             ,
             William
             Cock
             ,
             Christopher
             Crawford
             ,
             Marry
             Crawford
             ,
             
               and
               Mr.
            
             Huntley
             .
          
        
         
           Edwards
           appear'd
           upon
           a
           
             Habeas
             Corpus
          
           ,
           directed
           to
           the
           Keeper
           of
           Newgate
           ,
           where
           he
           was
           a
           Prisoner
           .
        
         
           
             Mr.
             Baker
             .
          
           
             Where
             is
             the
             Warrant
             of
             his
             Commitment
             ?
             what
             is
             he
             committed
             for
             ?
          
        
         
           
             Tokefeild
             .
          
           
             He
             is
             committed
             for
             suspicion
             of
             Treason
             ,
             and
             treasonable
             Practices
             .
          
        
         
           
             Mr.
             Baker
             .
          
           
             Is
             he
             not
             committed
             for
             High-Treason
             ?
          
        
         
           
             Tokefeild
             .
          
           
             No
             ,
             Sir
             ,
             he
             is
             not
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             What
             Discourse
             had
             you
             with
             Mr.
             Goodman
             ,
             concerning
             the
             Prisoner
             at
             the
             Bar
             ,
             what
             did
             you
             here
             him
             say
             ?
          
        
         
           
             Mr.
             Baker
             .
          
           
             He
             is
             not
             sworn
             yet
             ,
             it
             seems
             this
             Gentleman
             was
             
             Dundee's
             Chaplain
             in
             Scotland
             .
          
        
         
           
             Mr.
             Attorn
             .
             Gen.
             
          
           
             If
             he
             be
             not
             sworn
             ,
             he
             can
             give
             no
             Evidence
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             My
             Lord
             ,
             we
             desire
             he
             may
             be
             sworn
             .
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             Sware
             him
             ,
             (
             which
             was
             done
             )
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             Pray
             ,
             Sir
             ,
             will
             you
             tell
             the
             Court
             ,
             and
             the
             Jury
             ,
             what
             you
             know
             of
             any
             Discourse
             of
             Mr.
             
             Goodman's
             ,
             concerning
             the
             Prisoner
             at
             the
             Bar.
             
          
        
         
           
             Edwards
             .
          
           
             My
             Lord
             ,
             I
             desire
             to
             know
             ,
             being
             ignorant
             of
             the
             Law
             ,
             whether
             I
             am
             brought
             here
             by
             the
             common
             course
             of
             Justice
             or
             not
             ?
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             Sir
             ,
             we
             have
             subpena'd
             you
             for
             the
             Prisoner
             at
             the
             Bar
             ,
             to
             give
             Evidence
             of
             the
             truth
             of
             you
             Knowledge
             here
             upon
             Oath
             .
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             Would
             you
             have
             us
             tell
             you
             how
             you
             came
             here
             ?
             We
             suppose
             you
             came
             by
             due
             Process
             of
             Law
             ,
             as
             a
             Witness
             .
          
        
         
           
             Edwards
             .
          
           
             Then
             ,
             my
             Lord
             ,
             I
             desire
             to
             speak
             but
             one
             Word
             ,
             that
             is
             a
             strange
             thing
             to
             me
             to
             consider
             ,
             how
             Words
             should
             be
             carried
             away
             that
             were
             privately
             spoken
             ,
             as
             if
             it
             were
             to
             expose
             me
             to
             the
             Reproaches
             
             of
             all
             my
             Friends
             ;
             it
             is
             a
             thing
             that
             I
             did
             never
             expect
             to
             hear
             of
             again
             :
             however
             ,
             seeing
             I
             am
             called
             here
             ,
             and
             obliged
             upon
             my
             Oath
             to
             declare
             what
             I
             know
             ,
             I
             ,
             by
             God's
             Grace
             ,
             will
             to
             the
             uttermost
             of
             my
             power
             ,
             tell
             what
             has
             pass'd
             in
             this
             Matter
             .
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             Don't
             make
             any
             Apologies
             for
             telling
             the
             Truth
             ;
             you
             are
             obliged
             by
             your
             Oath
             to
             do
             it
             ,
             and
             the
             Court
             expects
             it
             from
             you
             .
          
        
         
           
             Edwards
             .
          
           
             Among
             other
             Discourses
             that
             pass'd
             betwixt
             Mr.
             Goodman
             and
             me
             ,
             I
             ask'd
             him
             when
             Mr.
             Cook
             was
             to
             be
             arraigned
             ,
             and
             when
             he
             was
             to
             be
             tryed
             ;
             says
             he
             ,
             He
             is
             to
             be
             arraigned
             upon
             Monday
             ,
             and
             he
             is
             to
             be
             tryed
             upon
             Thursday
             :
             I
             ask'd
             him
             whether
             it
             was
             for
             the
             Assassination-Plot
             ,
             and
             he
             told
             me
             ,
             no
             ;
             for
             what
             then
             ,
             said
             I
             ,
             as
             being
             concerned
             in
             sending
             Mr.
             Chernock
             into
             France
             ?
             Who
             are
             the
             Evidences
             against
             him
             ,
             said
             I
             ?
             said
             he
             ,
             Capt.
             Porter
             ,
             and
             my self
             ;
             said
             I
             ,
             I
             believe
             two
             Witnesses
             will
             be
             found
             good
             ,
             or
             by
             way
             of
             Demonstration
             in
             Law
             ;
             and
             I
             pity
             the
             poor
             Gentleman's
             Case
             .
             Says
             he
             ,
             He
             swore
             against
             me
             ;
             how
             comes
             it
             then
             ,
             said
             I
             ,
             that
             he
             is
             not
             come
             off
             ,
             and
             has
             not
             a
             Pardon
             ,
             and
             would
             divulge
             no
             Body
             else
             ?
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             Who
             had
             not
             a
             Pardon
             do
             you
             mean
             ?
          
        
         
           
             Edwards
             .
             Mr.
             Cook.
             
          
           
             I
             ask'd
             how
             he
             had
             not
             a
             Pardon
             ;
             says
             he
             ,
             he
             wou'd
             give
             an
             account
             of
             no
             body
             else
             but
             me
             ,
             and
             that
             was
             the
             Reason
             he
             had
             no
             Pardon
             ;
             said
             I
             to
             him
             ,
             who
             are
             the
             Evidences
             against
             him
             ?
             says
             he
             ,
             Capt.
             Porter
             ,
             and
             my self
             ,
             and
             after
             this
             ,
             says
             he
             ,
             he
             ,
             or
             I
             ,
             must
             perish
             ,
             or
             he
             ,
             or
             I
             ,
             must
             suffer
             ,
             I
             believe
             the
             word
             was
             suffer
             ;
             but
             ,
             says
             he
             ,
             't
             is
             a
             foolish
             thing
             to
             be
             hang'd
             ;
             all
             that
             's
             said
             of
             a
             Man
             that
             is
             hang'd
             ,
             is
             ,
             that
             he
             hang'd
             hansomly
             ,
             or
             he
             dy'd
             bravely
             ,
             that
             's
             all
             the
             Discourse
             that
             I
             can
             remember
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             He
             said
             it
             was
             a
             foolish
             thing
             to
             be
             hang'd
             ,
             and
             Mr.
             Goodman
             ,
             it
             seems
             ,
             had
             no
             mind
             to
             be
             hang'd
             ;
             and
             I
             believe
             so
             too
             :
             but
             he
             must
             not
             hang
             my
             Client
             ,
             to
             save
             his
             own
             life
             .
          
        
         
           
             Edwards
             .
          
           
             Now
             ,
             by
             the
             same
             Oath
             that
             I
             have
             sworn
             ,
             I
             knew
             nothing
             of
             being
             brought
             hither
             ,
             till
             my
             words
             were
             carry'd
             away
             privately
             from
             me
             ,
             and
             has
             been
             consulted
             of
             ,
             and
             return'd
             to
             me
             back
             again
             ;
             and
             I
             was
             far
             from
             suborning
             or
             carrying
             away
             a
             Discourse
             privately
             to
             make
             any
             advantage
             of
             it
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             Now
             we
             will
             call
             Crawford
             ,
             and
             Huntley
             ,
             and
             Cock.
             
          
        
         
           
             Mr.
             Attorn
             .
             Gen.
             
          
           
             I
             desire
             that
             Gentleman
             that
             was
             last
             examin'd
             may
             not
             go
             away
             .
          
        
         
           [
           
             Crawford
             ,
             Huntley
          
           ,
           and
           Cock
           were
           sworn
           .
           ]
        
         
           
             Sir.
             B.
             Shower
             .
          
           
             Set
             up
             Mr.
             Crawford
             (
             which
             was
             done
             )
             pray
             ,
             Sir
             ,
             will
             you
             recollect
             your self
             ;
             do
             you
             remember
             when
             my
             Lord
             of
             Ailesbury
             and
             Capt.
             Porter
             din'd
             at
             the
             King's
             Head.
             
          
        
         
           
             Crawford
             .
          
           
             Yes
             ;
             it
             was
             about
             a
             twelve
             month
             ago
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             What
             Company
             was
             there
             ?
          
        
         
           
             Crawford
             .
          
           
             My
             Lord
             of
             Ailesbury
             ,
             Sir
             
               John
               Friend
            
             ,
             Sir
             
               John
               Fenwick
            
             ,
             Sir
             
               William
               Parkyns
            
             ,
             Capt.
             Porter
             ,
             and
             two
             or
             three
             more
             ,
             I
             did
             not
             know
             their
             Names
             .
          
        
         
           
             Sir.
             B.
             Shower
             .
          
           
             How
             many
             were
             there
             that
             din'd
             there
             ?
          
        
         
           
             Crawford
             .
          
           
             I
             think
             about
             Eight
             in
             all
             .
          
        
         
           
             Sir.
             B.
             Shower
             .
          
           
             Was
             the
             Room
             shut
             while
             they
             were
             there
             ,
             or
             did
             the
             Servants
             and
             Drawers
             ,
             go
             up
             and
             down
             commonly
             ?
          
        
         
           
             Crawford
             .
          
           
             Yes
             they
             did
             go
             up
             and
             down
             commonly
             .
          
        
         
           
             Sir
             B.
             Shower
             .
          
           
             After
             Dinner
             did
             any
             body
             come
             to
             them
             while
             they
             were
             there
             ?
          
        
         
           
           
             Crawford
             .
          
           
             No
             ,
             not
             during
             my
             Lord
             of
             
             Ailesbury's
             stay
             ,
             and
             my
             Lord
             Montgomery
             went
             away
             with
             him
             ?
          
        
         
           
             Sir.
             B.
             Shower
             .
          
           
             About
             time
             did
             my
             Lord
             of
             Ailesbury
             go
             away
             ?
          
        
         
           
             Crawford
             .
          
           
             I
             think
             it
             was
             about
             four
             a
             Clock
             .
          
        
         
           
             Sir.
             B.
             Shower
             .
          
           
             How
             can
             you
             tell
             it
             ?
          
        
         
           
             Crawford
             .
          
           
             I
             did
             attend
             upon
             them
             the
             most
             part
             of
             the
             time
             .
          
        
         
           
             Sir.
             B.
             Shower
             .
          
           
             Did
             you
             see
             him
             go
             away
             ?
          
        
         
           
             Crawford
             .
          
           
             Yes
             ,
             I
             did
             .
          
        
         
           
             Sir
             B.
             Sh.
             
          
           
             Was
             that
             Gentleman
             ,
             Mr.
             Goodman
             ,
             there
             ,
             when
             they
             went
             away
             ?
          
        
         
           
             Crawford
             .
          
           
             I
             did
             not
             see
             him
             there
             ,
             to
             my
             Remembrance
             ;
             no
             body
             came
             in
             there
             before
             they
             went
             away
             ,
             saving
             their
             own
             Servants
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             Do
             you
             know
             Mr.
             Cook
             ,
             the
             Prisoner
             at
             the
             Bar
             ,
             was
             he
             one
             of
             the
             Gentlemen
             that
             were
             at
             your
             House
             ?
          
        
         
           
             Crawford
             .
          
           
             Yes
             ,
             I
             did
             not
             well
             remember
             or
             recollect
             ,
             till
             I
             saw
             him
             on
             Saturday
             last
             .
          
        
         
           
             Mr.
             Attorn
             .
             Gen.
             
          
           
             Was
             he
             one
             that
             went
             away
             ?
          
        
         
           
             Crawford
             .
          
           
             I
             do
             not
             remember
             truly
             ,
             Sir.
             
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Prav
             how
             long
             was
             it
             after
             Dinner
             that
             they
             went
             away
             ?
          
        
         
           
             Crawford
             .
          
           
             I
             think
             it
             was
             not
             an
             Hour
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Was
             you
             there
             all
             the
             time
             ,
             from
             the
             time
             of
             the
             Dinner
             ?
          
        
         
           
             Crawf
             .
          
           
             No
             ,
             not
             all
             the
             while
             I
             was
             not
             in
             the
             Room
             ,
             but
             going
             to
             and
             fro
             .
          
        
         
           
             Mr.
             Serj.
             Darn
             .
          
           
             You
             say
             Mr.
             Goodman
             did
             not
             come
             up
             till
             after
             they
             were
             gone
             ?
          
        
         
           
             Crawford
             .
          
           
             No
             ,
             I
             did
             not
             see
             him
             .
          
        
         
           
             Mr.
             Attorn
             .
             Gen.
             
          
           
             Did
             you
             see
             him
             at
             all
             ?
          
        
         
           
             Crawford
             .
          
           
             No
             ,
             I
             did
             not
             see
             him
             at
             all
             .
          
        
         
           
             Mr.
             Attorn
             .
             Gen.
             
          
           
             Just
             now
             it
             was
             said
             he
             did
             not
             come
             till
             they
             were
             gone
             ,
             and
             now
             it
             seemes
             he
             did
             not
             see
             him
             at
             all
             .
          
        
         
           
             Crawford
             .
          
           
             I
             do
             not
             know
             that
             he
             was
             there
             at
             all
             .
          
        
         
           
             L.
             C.
             J.
             Tre.
             
          
           
             But
             ,
             Brother
             Darnall
             ,
             you
             open'd
             it
             ,
             that
             Mr.
             Goodman
             came
             after
             my
             Lord
             of
             Ailesbury
             was
             gone
             ,
             and
             now
             you
             will
             prove
             it
             that
             he
             came
             not
             at
             all
             .
          
        
         
           
             Sir.
             B.
             Shower
             .
          
           
             My
             Lord
             ,
             we
             do
             not
             pretend
             to
             falsifie
             his
             Evidence
             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
             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
             Prisoner
             at
             the
             Bar
             ,
             and
             to
             the
             best
             of
             my
             observation
             ,
             I
             always
             took
             him
             to
             be
             a
             Conscientious
             Man
             ,
             and
             I
             have
             heard
             him
             declare
             great
             detestation
             of
             a
             French
             Force
             ;
             and
             three
             or
             four
             days
             before
             he
             was
             taken
             into
             Custody
             ,
             I
             ask'd
             him
             what
             he
             heard
             of
             Intelligence
             ?
             he
             said
             he
             heard
             what
             was
             in
             the
             publick
             Prints
             ,
             and
             heard
             no
             more
             ,
             and
             knew
             no
             more
             ;
             and
             he
             had
             a
             great
             abhorrence
             of
             the
             Conspiracy
             ,
             and
             thought
             it
             a
             very
             monstrous
             thing
             ;
             I
             never
             heard
             him
             speak
             a
             disrespectful
             word
             of
             the
             King's
             Person
             or
             Government
             in
             my
             life
             :
             And
             I
             say
             again
             ,
             I
             have
             heard
             him
             several
             times
             declare
             in
             common
             Conversation
             ,
             that
             he
             had
             an
             aversion
             to
             a
             French
             Power
             ,
             and
             he
             had
             a
             dread
             of
             it
             .
          
        
         
           
             Mr.
             Serj.
             Darnall
             .
          
           
             What
             have
             you
             heard
             him
             say
             about
             our
             Fleet
             ,
             or
             Army
             ?
          
        
         
           
             Hamond
             .
          
           
             My
             Lord
             ,
             I
             have
             heard
             him
             very
             much
             wish
             Prosperity
             and
             Success
             to
             our
             Fleet.
             
          
        
         
           
             Mr.
             J.
             Rokeby
             .
          
           
             What
             Fleet
             ,
             pray
             Sir
             ?
          
        
         
           
             Hamond
             .
          
           
             To
             our
             Fleet
             ,
             King
             
             William's
             Fleet
             against
             the
             French
             ;
             things
             to
             this
             purpose
             he
             has
             frequently
             said
             .
          
        
         
           
             Mr.
             Serj.
             Darnall
             .
          
           
             Then
             Swear
             Mrs.
             Hunt.
             
          
        
         
           (
           Which
           was
           done
           )
           but
           she
           was
           not
           Examined
           .
        
         
           
             Sir
             B.
             Shower
             .
          
           
             My
             Lord
             ,
             we
             leave
             it
             here
             ;
             but
             I
             must
             beg
             the
             favour
             ,
             that
             if
             they
             give
             any
             new
             Evidence
             ,
             and
             there
             be
             occasion
             ,
             we
             may
             have
             liberty
             to
             answer
             it
             .
             And
             I
             have
             an
             Observation
             or
             two
             to
             make
             when
             the
             Evidence
             is
             over
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             My
             Lord
             ,
             if
             they
             have
             done
             with
             their
             Evidence
             ,
             I
             beg
             leave
             to
             observe
             that
             there
             is
             something
             arises
             upon
             that
             Evidence
             ,
             that
             will
             give
             us
             occasion
             to
             call
             a
             Witness
             or
             two
             more
             .
             My
             Lord
             ,
             the
             first
             Witness
             which
             they
             call
             was
             Edwards
             ,
             and
             he
             is
             in
             Custody
             upon
             suspicion
             of
             High
             Treason
             in
             Newgate
             ,
             and
             he
             gives
             an
             account
             of
             some
             discourse
             that
             he
             had
             with
             Mr.
             Goodman
             ;
             and
             for
             that
             it
             will
             be
             necessary
             for
             us
             to
             call
             
               Mr.
               Porter
            
             again
             ,
             and
             
               Mr.
               Delarue
            
             ,
             to
             shew
             that
             this
             Edwards
             the
             Witness
             ,
             as
             he
             is
             Committed
             for
             suspicion
             of
             High
             Treason
             ,
             so
             he
             was
             in
             the
             Conspiracy
             for
             the
             Assassination
             ;
             he
             was
             one
             in
             the
             List
             that
             was
             brought
             back
             by
             Cranburne
             from
             
               Mr.
               Chernock
            
             to
             Captain
             Porter
             ,
             as
             one
             of
             
             Chernock's
             Men
             ,
             and
             he
             is
             in
             Custody
             for
             it
             .
             Then
             as
             to
             the
             other
             matter
             ,
             they
             have
             called
             three
             Witnesses
             to
             prove
             that
             
               Mr.
               Goodman
            
             was
             not
             in
             this
             place
             at
             this
             time
             .
             The
             Councel
             indeed
             opened
             it
             that
             he
             was
             not
             at
             the
             Tavern
             'till
             after
             my
             Lord
             of
             Aylesbury
             and
             my
             Lord
             Montgomery
             were
             gone
             away
             ,
             but
             their
             Evidence
             goes
             further
             ,
             that
             he
             was
             not
             there
             at
             all
             ;
             and
             the
             Master
             of
             the
             House
             says
             ,
             he
             was
             not
             there
             to
             his
             knowledge
             at
             any
             time
             .
             So
             that
             if
             their
             Evidence
             prove
             any
             thing
             ,
             they
             prove
             that
             he
             was
             not
             there
             at
             all
             ,
             they
             do
             not
             remember
             that
             they
             saw
             him
             there
             ;
             so
             that
             the
             Question
             will
             be
             ,
             whether
             
               Mr.
               Goodman
            
             was
             there
             at
             that
             time
             ,
             and
             it
             will
             be
             necessary
             to
             call
             
               Mr.
               Goodman
            
             again
             ,
             and
             
               Mr.
               Porter
            
             ,
             to
             confront
             these
             Witnesses
             ,
             who
             will
             tell
             you
             when
             he
             came
             in
             ;
             and
             particularly
             as
             to
             my
             Lord
             of
             Aylesbury
             ,
             that
             he
             went
             with
             him
             to
             the
             Stairs-head
             ,
             and
             my
             Lord
             would
             not
             let
             him
             go
             further
             ,
             but
             he
             went
             back
             again
             when
             my
             Lord
             of
             Aylesbury
             went
             down
             stairs
             .
             We
             will
             begin
             with
             the
             Witnesses
             ,
             as
             to
             this
             Edwards
             .
          
        
         
           Swear
           Mr.
           Delarue
           .
           (
           Which
           was
           done
           .
           )
        
         
           
             Mr.
             Conyers
             .
          
           
             
               Mr.
               Delarue
            
             ,
             pray
             do
             you
             know
             
               Mr.
               Edwards
            
             that
             was
             here
             ?
          
        
         
           
           
             Mr.
             Delarue
             .
          
           
             He
             goes
             by
             several
             Names
             ,
             I
             know
             him
             by
             the
             Name
             of
             Douglas
             ;
             and
             last
             Monday
             I
             came
             into
             the
             Press-Yard
             ,
             and
             saluted
             him
             by
             the
             Name
             of
             Douglas
             ,
             and
             he
             said
             he
             had
             taken
             his
             own
             Name
             again
             ,
             by
             which
             he
             was
             known
             at
             St.
             Germains
             ,
             and
             that
             was
             Edwards
             or
             Richards
             ,
             as
             I
             remember
             ,
             or
             some
             such
             Name
             .
          
        
         
           
             Mr.
             Conyers
             .
          
           
             When
             was
             he
             at
             St.
             Germains
             ?
          
        
         
           
             Mr.
             Delarue
             .
          
           
             About
             three
             or
             four
             years
             ago
             .
          
        
         
           
             Mr.
             Conyers
             .
          
           
             Pray
             look
             upon
             him
             ,
             see
             if
             you
             know
             him
             .
          
        
         
           
             Mr.
             Delarue
             .
          
           
             I
             know
             him
             very
             well
             ,
             there
             he
             stands
             ,
             that
             is
             the
             Person
             in
             the
             black
             Wig
             ;
             he
             was
             reputed
             at
             St.
             Germains
             to
             be
             my
             late
             Lord
             
             Dundee's
             Chaplain
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             What
             Name
             did
             he
             go
             by
             at
             St.
             Germains
             .
          
        
         
           
             Mr.
             Delarue
             .
          
           
             I
             can't
             very
             well
             tell
             ;
             but
             he
             said
             he
             had
             taken
             his
             own
             Name
             again
             ;
             and
             I
             think
             he
             said
             it
             was
             Edwards
             ,
             or
             Richards
             .
          
        
         
           
             Mr.
             Conyers
             .
          
           
             Did
             he
             go
             formerly
             by
             the
             Name
             of
             Douglas
             ?
          
        
         
           
             Mr.
             Delarue
             .
          
           
             Yes
             ,
             here
             in
             England
             ;
             Mr.
             Porter
             knew
             him
             to
             go
             by
             that
             Name
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             What
             else
             do
             you
             know
             of
             him
             ?
          
        
         
           
             Mr.
             Delarue
             .
          
           
             The
             List
             that
             Mr.
             Cranburn
             carried
             from
             Mr.
             Porter
             to
             Mr.
             Chernock
             ,
             and
             which
             he
             brought
             back
             again
             from
             Mr.
             Chernock
             to
             Mr.
             Porter
             ,
             had
             in
             it
             among
             the
             other
             Names
             the
             Name
             of
             Douglas
             ,
             which
             I
             understood
             to
             be
             that
             Gentleman
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Did
             he
             go
             by
             that
             Name
             at
             that
             time
             ?
          
        
         
           
             Mr.
             Delarue
             .
          
           
             Yes
             he
             did
             .
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             Pray
             repeat
             that
             again
             ,
             Sir
             ,
             that
             we
             may
             understand
             it
             ,
             and
             see
             whether
             it
             be
             Evidence
             .
          
        
         
           
             Mr.
             Delarue
             .
          
           
             Why
             ,
             Sir
             ,
             the
             List
             that
             Mr.
             Cranburn
             brought
             from
             Mr.
             Chernock
             to
             Mr.
             Porter
             ,
             at
             the
             Foot
             of
             the
             List
             which
             Mr.
             Porter
             had
             sent
             to
             him
             ,
             there
             were
             other
             Names
             written
             ,
             as
             I
             believe
             ,
             in
             Mr.
             
             Chernock's
             Hand
             ;
             and
             among
             those
             Names
             there
             was
             the
             Name
             of
             Douglas
             ,
             which
             I
             understood
             to
             be
             this
             
               Mr.
               Edwards
            
             ,
             as
             he
             calls
             himself
             .
             And
             moreover
             ,
             when
             
               Mr.
               Porter
            
             went
             out
             of
             Town
             ,
             going
             to
             Doctor
             's
             Commons
             ,
             I
             called
             at
             Mr.
             Chernock's
             and
             he
             had
             a
             great
             deal
             of
             Company
             with
             him
             ,
             4
             or
             5
             Troopers
             ,
             and
             among
             the
             rest
             this
             Edwards
             or
             Douglas
             was
             there
             sitting
             by
             him
             .
             Here
             is
             a
             Gentleman
             that
             I
             see
             upon
             the
             Bench
             ,
             I
             think
             he
             is
             a
             Scotch-man
             ,
             that
             knew
             him
             at
             St.
             Germains
             as
             well
             as
             I.
             I
             think
             his
             Name
             is
             
               Mack
               Donnel
            
             .
          
        
         
           
             Mr.
             J.
             Rokeby
             .
          
           
             What
             Country-man
             did
             you
             take
             this
             Edwards
             to
             be
             ?
          
        
         
           
             Mr.
             Delarue
             .
          
           
             A
             Scotch-man
             ,
             and
             Chaplain
             to
             my
             Lord
             Dundee
             that
             was
             killed
             in
             Scotland
             .
          
        
         
           
             Mr.
             Serj.
             Darnall
             .
          
           
             Did
             you
             see
             this
             Gentleman
             in
             France
             ,
             Sir
             ?
          
        
         
           
             Mackdonnel
             .
          
           
             I
             never
             was
             in
             France
             in
             my
             Life
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             You
             can't
             ask
             him
             the
             Question
             ;
             you
             know
             it
             tends
             to
             make
             him
             either
             accuse
             or
             excuse
             himself
             of
             a
             Crime
             .
             Pray
             call
             
               Mr.
               Porter
            
             again
             .
             But
             in
             the
             mean
             time
             ,
             till
             he
             comes
             ,
             we
             'll
             examine
             
               Mr.
               Goodman
            
             ,
             because
             he
             is
             here
             .
             
               Mr.
               Goodman
            
             ,
             you
             were
             by
             ,
             and
             heard
             what
             these
             Drawers
             said
             concerning
             your
             being
             at
             the
             
               Old
               King's-Head
            
             in
             Leadenhall-street
             that
             day
             .
             Pray
             give
             an
             Account
             when
             you
             came
             in
             ,
             whether
             you
             saw
             my
             Lord
             of
             Aylesbury
             ,
             and
             what
             passed
             between
             you
             at
             my
             Lord
             of
             
             Aylesbury's
             going
             away
             ?
          
        
         
           
             Mr.
             Goodman
             .
          
           
             
               Mr.
               Porter
            
             brought
             me
             up
             ;
             and
             when
             I
             came
             in
             they
             were
             all
             sitting
             ;
             and
             after
             Salutation
             I
             sat
             down
             :
             And
             when
             they
             had
             consulted
             some
             time
             ,
             they
             came
             to
             a
             Resolution
             ,
             as
             I
             have
             told
             you
             already
             .
             The
             Fellows
             are
             so
             far
             in
             the
             right
             of
             it
             ,
             that
             my
             Lord
             of
             Aylesbury
             and
             my
             Lord
             Montgomery
             went
             away
             first
             ;
             for
             I
             took
             my
             leave
             of
             them
             at
             the
             Head
             of
             the
             Stairs
             .
             Says
             my
             Lord
             of
             Aylesbury
             to
             me
             ,
             Pray
             avoid
             Ceremony
             ,
             we
             will
             go
             away
             privately
             as
             we
             came
             ,
             in
             a
             Hackney
             Coach.
             And
             as
             to
             the
             Master
             of
             the
             House
             ,
             who
             says
             ,
             he
             does
             not
             know
             me
             ,
             I
             have
             Dined
             several
             times
             there
             ,
             four
             or
             five
             times
             with
             Sir
             
               John
               Friend
            
             ;
             and
             one
             particular
             Day
             above
             all
             the
             rest
             ,
             I
             remember
             I
             was
             
             not
             well
             ,
             and
             I
             went
             down
             Stairs
             to
             the
             Bar
             ,
             and
             said
             ,
             I
             pray
             can
             you
             get
             me
             a
             little
             Brandy
             .
             He
             said
             ,
             Yes
             ,
             he
             would
             help
             me
             to
             some
             of
             the
             best
             in
             England
             .
             And
             he
             brought
             me
             up
             some
             which
             I
             like
             very
             well
             :
             And
             thinking
             he
             had
             a
             Quantity
             of
             it
             ,
             I
             askt
             him
             what
             I
             shou'd
             give
             him
             a
             Gallon
             for
             a
             Parcel
             .
             But
             he
             said
             ,
             He
             had
             but
             a
             little
             ;
             and
             I
             am
             sure
             he
             has
             seen
             me
             there
             five
             or
             six
             times
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Then
             set
             up
             that
             Master
             of
             the
             House
             Cock
             again
             .
             
               (
               Which
               was
               done
            
             )
             Come
             ,
             Sir
             ,
             you
             hear
             what
             
               Mr.
               Goodman
            
             has
             sworn
             ,
             and
             mind
             it
             ,
             you
             are
             upon
             your
             Oath
             .
             You
             said
             just
             now
             ,
             that
             you
             never
             saw
             
               Mr.
               Goodman
            
             before
             .
          
        
         
           
             Cock.
             
          
           
             No
             upon
             my
             Word
             ,
             Sir
             ,
             I
             don't
             know
             that
             ever
             I
             saw
             him
             before
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Do
             you
             remember
             nothing
             of
             his
             being
             with
             Sir
             
               John
               Friend
            
             at
             your
             House
             ?
          
        
         
           
             Cock.
             
          
           
             No
             ,
             upon
             my
             Word
             ,
             Sir.
             
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Nay
             ,
             you
             are
             upon
             your
             Oath
             .
             Nor
             do
             you
             know
             nothing
             of
             your
             giving
             of
             him
             Brandy
             ?
          
        
         
           
             Cock.
             
          
           
             No
             ,
             upon
             my
             Oath
             ,
             I
             do
             not
             remember
             any
             such
             thing
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             That
             is
             a
             very
             safe
             way
             of
             swearing
             ,
             I
             profess
             .
          
        
         
           
             Mr.
             Conyers
             .
          
           
             He
             remembers
             the
             particular
             time
             when
             he
             was
             sick
             ,
             and
             you
             offer'd
             to
             sell
             him
             some
             Brandy
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             No
             ,
             he
             askt
             him
             what
             he
             should
             give
             him
             for
             it
             a
             Gallon
             .
             But
             ,
             Mr.
             Cock
             ,
             did
             you
             ever
             see
             Goodman
             in
             your
             House
             since
             my
             Lord
             of
             Aylesbury
             and
             they
             were
             there
             ?
          
        
         
           
             Cock.
             
          
           
             No
             ,
             upon
             my
             Word
             ,
             Sir
             ,
             I
             did
             not
             ;
             and
             I
             never
             had
             but
             two
             Gallons
             of
             Brandy
             in
             my
             Life
             at
             a
             time
             ;
             and
             I
             never
             had
             any
             Cask
             ,
             or
             any
             thing
             of
             that
             nature
             ,
             to
             sell
             any
             out
             of
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Who
             used
             to
             be
             with
             Sir
             
               John
               Friend
            
             at
             your
             House
             ?
          
        
         
           
             Cock.
             
          
           
             There
             used
             to
             be
             Mr.
             Richardson
             ,
             and
             Justice
             Cash
             ,
             and
             Col.
             Cash
             .
          
        
         
           
             Mr.
             Goodman
             .
          
           
             Mr.
             Richardson
             was
             there
             that
             day
             :
             I
             could
             almost
             have
             remembred
             the
             particular
             day
             ,
             but
             I
             cannot
             be
             positive
             ;
             only
             we
             were
             in
             the
             same
             Room
             where
             the
             Consultation
             was
             ,
             at
             the
             further
             part
             of
             the
             Room
             .
          
        
         
           
             Mr.
             J.
             Rokeby
             .
          
           
             You
             ,
             Friend
             ,
             the
             Master
             of
             the
             House
             ,
             you
             hear
             what
             
               Mr.
               Goodman
            
             says
             :
             He
             says
             he
             was
             with
             Sir
             
               John
               Friend
            
             at
             your
             House
             ,
             and
             being
             not
             well
             ,
             he
             askt
             for
             some
             Brandy
             ,
             and
             you
             told
             him
             ,
             You
             'd
             give
             him
             some
             of
             the
             best
             in
             England
             .
             And
             he
             propounded
             to
             you
             then
             to
             sell
             him
             some
             of
             it
             ;
             but
             it
             seems
             there
             was
             no
             Bargain
             made
             .
             Do
             you
             remember
             any
             such
             thing
             of
             one
             that
             was
             with
             Sir
             
               John
               Friend
            
             ,
             that
             spoke
             of
             buying
             of
             Brandy
             when
             he
             was
             sick
             ?
          
        
         
           
             Cock.
             
          
           
             No
             ,
             upon
             my
             Word
             I
             do
             not
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Then
             set
             up
             
               Mr.
               Porter
               (
               who
               stood
               up
               .
               )
            
             Pray
             
               Mr.
               Porter
            
             ,
             look
             upon
             that
             man
             in
             the
             black
             Perriwig
             ;
             what
             Name
             did
             he
             use
             to
             go
             by
             ?
          
        
         
           
             Mr.
             Porter
             .
          
           
             He
             used
             to
             go
             by
             the
             Name
             of
             Edwards
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Had
             he
             any
             other
             Name
             ?
          
        
         
           
             Mr.
             Porter
             .
          
           
             Yes
             ,
             Douglas
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             He
             has
             so
             many
             Names
             ,
             that
             we
             don't
             know
             which
             his
             is
             true
             Name
             .
             
               Mr.
               Porter
            
             ,
             pray
             what
             else
             do
             you
             know
             of
             him
             touching
             his
             being
             concerned
             in
             the
             Conspiracy
             ?
          
        
         
           
             Mr.
             Porter
             .
          
           
             I
             know
             not
             any
             thing
             of
             my
             own
             Knowledge
             ;
             but
             his
             Name
             was
             put
             down
             in
             the
             List
             that
             Mr.
             Chernock
             sent
             me
             of
             his
             men
             ,
             and
             Mr.
             Delarue
             read
             his
             Name
             there
             .
          
        
         
           
             Mr.
             Sol.
             Gen.
             
          
           
             Mr.
             Porter
             ,
             you
             were
             a
             Witness
             upon
             the
             Trials
             of
             Sir
             
               John
               Friend
            
             and
             Sir
             
               William
               Parkyns
            
             ;
             did
             you
             give
             Evidence
             that
             Mr.
             Goodman
             was
             in
             the
             Room
             at
             the
             same
             time
             when
             the
             Consultation
             was
             ?
          
        
         
           
             Mr.
             Porter
             .
          
           
             Yes
             ,
             Sir.
             
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Well
             ,
             you
             hear
             that
             these
             People
             have
             sworn
             ,
             that
             
               Mr.
               Goodman
            
             did
             not
             come
             till
             my
             Lord
             of
             Aylesbury
             went
             away
             ;
             nay
             indeed
             ,
             that
             he
             was
             not
             there
             at
             all
             .
          
        
         
           
           
             Mr.
             Porter
             .
          
           
             My
             Lord
             ,
             upon
             my
             Oath
             he
             was
             there
             before
             my
             Lord
             Aylesbury
             went
             away
             ,
             and
             
               Mr.
               Goodman
            
             bowed
             ,
             and
             took
             leave
             of
             my
             Lord
             as
             he
             went
             out
             of
             doors
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             What
             time
             did
             my
             Lord
             of
             Aylesbury
             go
             away
             ?
          
        
         
           
             Mr.
             Porter
             .
          
           
             It
             was
             about
             an
             hour
             and
             a
             half
             ,
             or
             two
             hours
             after
             Dinner
             ,
             and
             he
             was
             in
             the
             Room
             when
             my
             Lord
             went
             away
             ,
             for
             he
             took
             his
             leave
             of
             him
             at
             the
             door
             .
          
        
         
           
             Mr.
             Cowper
             .
          
           
             Do
             you
             remember
             the
             manner
             of
             Mr.
             Goodman's
             coming
             in
             ?
          
        
         
           
             Mr.
             Porter
             .
          
           
             Mr.
             Goodman
             sent
             up
             his
             Name
             to
             me
             ,
             and
             I
             told
             the
             Company
             ,
             and
             promis'd
             for
             him
             ,
             that
             he
             was
             a
             very
             honest
             Man
             ,
             and
             much
             in
             King
             
             James's
             Interest
             ;
             and
             then
             with
             their
             consent
             I
             went
             down
             and
             brought
             him
             up
             .
          
        
         
           
             Mr.
             J.
             Powell
             .
          
           
             How
             long
             time
             do
             you
             think
             there
             was
             between
             Mr.
             Goodman's
             coming
             in
             ,
             and
             my
             Lord
             of
             
             Aylesbury's
             going
             away
             ?
          
        
         
           
             Mr.
             Porter
             .
          
           
             I
             cannot
             tell
             that
             ,
             I
             do
             not
             remember
             exactly
             how
             long
             it
             was
             .
          
        
         
           
             Mr.
             J.
             Powell
             .
          
           
             Was
             it
             a
             quarter
             of
             an
             hour
             ,
             or
             half
             an
             hour
             ?
          
        
         
           
             Mr.
             Porter
             .
          
           
             A
             great
             deal
             longer
             ,
             for
             we
             had
             discoursed
             of
             the
             whole
             business
             after
             
               Mr.
               Goodman
            
             came
             into
             the
             Room
             .
          
        
         
           
             Mr.
             Conyers
             .
          
           
             How
             long
             were
             they
             there
             after
             
               Mr.
               Goodman
            
             came
             in
             ?
          
        
         
           
             Mr.
             Porter
             .
          
           
             It
             was
             very
             near
             two
             hours
             after
             he
             came
             in
             ,
             before
             they
             went
             away
             ;
             they
             did
             not
             go
             away
             'till
             six
             a
             Clock
             ,
             and
             he
             came
             in
             at
             four
             ,
             as
             near
             as
             I
             can
             remember
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Then
             ,
             my
             Lord
             ,
             we
             have
             done
             .
          
        
         
           
             Sir
             B.
             Shower
             .
          
           
             Then
             I
             beg
             the
             favour
             of
             a
             word
             or
             two
             ,
             my
             Lord.
             May
             it
             please
             your
             Lordship
             ,
             and
             you
             Gentlemen
             of
             the
             Jury
             ,
             I
             am
             of
             Counsel
             in
             this
             Case
             for
             the
             Prisoner
             at
             the
             Bar
             ,
             and
             I
             must
             beg
             your
             Lordship's
             patience
             ,
             and
             your
             favour
             ,
             Gentlemen
             ,
             to
             make
             a
             few
             Observations
             upon
             the
             Evidence
             that
             has
             been
             given
             ;
             for
             we
             humbly
             insist
             upon
             it
             in
             point
             of
             Law
             ,
             that
             here
             is
             not
             sufficient
             Evidence
             before
             you
             to
             Convict
             the
             Prisoner
             .
             You
             are
             ,
             Gentlemen
             ,
             to
             have
             respect
             and
             regard
             to
             your
             Consciences
             and
             the
             Oaths
             which
             you
             have
             now
             taken
             to
             give
             a
             Verdict
             ,
             and
             make
             true
             Deliverance
             between
             the
             King
             ,
             and
             the
             Prisoner
             ;
             you
             are
             not
             to
             go
             according
             to
             your
             own
             private
             Opinions
             ,
             nor
             according
             to
             publick
             Fame
             ,
             nor
             according
             to
             common
             Report
             ,
             nor
             according
             to
             the
             Verdicts
             in
             other
             Cases
             ,
             nor
             according
             to
             the
             Confessions
             or
             Dying
             Speeches
             of
             Criminals
             who
             have
             been
             Executed
             ,
             
               whether
               made
               by
               themselves
               ,
               or
               by
               others
               for
               them
            
             ;
             but
             you
             are
             to
             go
             by
             the
             Testimony
             of
             Credible
             Witnesses
             ,
             and
             if
             you
             have
             not
             the
             Evidence
             of
             two
             Credible
             Witnesses
             before
             you
             ,
             my
             Lords
             the
             Judges
             will
             inform
             you
             how
             the
             Law
             stands
             .
             That
             by
             the
             Statute
             of
             Edward
             the
             Sixth
             ,
             and
             the
             New
             Statute
             for
             Trials
             of
             Treasons
             ,
             there
             must
             be
             two
             Witnesses
             to
             prove
             the
             Prisoner
             guilty
             of
             the
             Overt
             Act
             of
             the
             Treason
             that
             is
             laid
             in
             the
             Indictment
             ;
             and
             whether
             there
             have
             been
             two
             Credible
             Witnesses
             produced
             before
             you
             ,
             is
             the
             Question
             that
             you
             are
             to
             consider
             upon
             your
             Oath
             and
             Conscience
             ;
             that
             is
             ,
             whether
             you
             are
             satisfied
             here
             be
             two
             such
             as
             the
             Law
             requires
             .
             The
             Question
             is
             not
             meerly
             whether
             Mr.
             Cook
             be
             Guilty
             ,
             but
             whether
             in
             your
             Consciences
             he
             be
             legally
             prov'd
             Guilty
             ;
             whether
             there
             be
             Evidence
             to
             satisfie
             your
             Consciences
             ,
             according
             to
             the
             Laws
             of
             the
             Land
             ,
             that
             he
             is
             Guilty
             ;
             and
             we
             insist
             there
             is
             not
             ;
             and
             therefore
             I
             beg
             leave
             to
             recapitulate
             what
             was
             been
             Sworn
             against
             him
             ,
             that
             we
             may
             see
             how
             far
             it
             reaches
             ,
             and
             wherein
             it
             is
             defective
             .
          
           
           
             Gentlemen
             ,
             Mr.
             Porter
             he
             Swears
             that
             about
             the
             beginning
             or
             middle
             of
             May
             ,
             he
             cannot
             tell
             which
             ,
             there
             was
             this
             Meeting
             at
             the
             
               Old
               King's-Head
               Tavern
            
             in
             Leaden-Hall-Street
             ;
             in
             which
             ,
             I
             wou'd
             observe
             to
             you
             ,
             that
             he
             confines
             himself
             to
             a
             certain
             Month
             ;
             the
             Reason
             is
             very
             plain
             ,
             and
             therefore
             I
             ask'd
             him
             whether
             it
             was
             not
             in
             April
             ;
             for
             if
             he
             had
             said
             it
             had
             been
             then
             ,
             there
             had
             been
             no
             danger
             to
             the
             Prisoner
             ,
             because
             of
             the
             Act
             of
             Indempnity
             ,
             therefore
             he
             was
             careful
             to
             fix
             it
             in
             May
             ;
             and
             he
             wou'd
             not
             lay
             it
             in
             June
             ,
             for
             the
             Tenth
             of
             June
             is
             a
             Famous
             Day
             ;
             and
             then
             ,
             or
             soon
             after
             ,
             Newgate
             had
             him
             ;
             he
             was
             Confined
             there
             for
             a
             Riot
             on
             that
             Day
             ,
             and
             so
             they
             have
             restrained
             it
             to
             a
             Month
             ,
             and
             the
             only
             Month
             that
             he
             is
             capable
             of
             Swearing
             to
             ,
             as
             to
             any
             Act
             done
             the
             last
             year
             'till
             they
             came
             in
             January
             to
             the
             Assassination
             Plot
             ,
             which
             the
             Prisoner
             is
             not
             accused
             to
             have
             had
             any
             Concern
             in
             ;
             but
             it
             shou'd
             seem
             he
             cannot
             tell
             what
             Day
             of
             the
             Week
             ,
             or
             of
             the
             Month
             ,
             but
             about
             the
             beginning
             or
             the
             middle
             of
             May
             eight
             Persons
             Dined
             at
             this
             place
             ,
             and
             then
             after
             Dinner
             
               Mr.
               Goodman
            
             came
             in
             ,
             and
             they
             discours'd
             about
             this
             matter
             .
          
           
             First
             ,
             Gentlemen
             ,
             we
             insist
             upon
             it
             ,
             that
             it
             is
             very
             improbable
             that
             Engglish
             Protestants
             of
             pious
             Conversation
             and
             good
             Morals
             ,
             shou'd
             agree
             ,
             as
             he
             says
             ,
             to
             send
             such
             a
             Message
             to
             the
             late
             King
             ,
             to
             Invite
             over
             a
             French
             Popish
             Force
             ;
             we
             may
             easily
             see
             the
             horrid
             and
             mischievous
             Consequences
             that
             wou'd
             have
             followed
             such
             a
             practice
             ,
             such
             as
             must
             affect
             every
             English-man
             with
             a
             Concern
             ,
             so
             that
             it
             is
             improbable
             a
             Man
             of
             Vertue
             and
             Piety
             cou'd
             engage
             in
             such
             an
             Enterprize
             ;
             and
             if
             it
             it
             be
             improbable
             ,
             you
             will
             never
             believe
             it
             ,
             unless
             the
             Conviction
             or
             Proof
             be
             irresistable
             :
             And
             if
             you
             have
             any
             other
             Reasons
             to
             distrust
             this
             Man's
             Truth
             ,
             then
             we
             hope
             you
             will
             go
             upon
             the
             side
             of
             probability
             ;
             and
             not
             let
             Popular
             Prejudice
             ,
             Common
             Fame
             ,
             or
             any
             thing
             else
             but
             Legal
             and
             Undeniable
             Evidence
             have
             the
             Ascendant
             over
             you
             .
             If
             you
             are
             not
             satisfied
             that
             
               Mr.
               Cook
            
             did
             assent
             (
             as
             from
             the
             Character
             of
             the
             Man
             it
             is
             not
             probable
             he
             shou'd
             )
             to
             send
             Chernock
             into
             France
             ,
             to
             perswade
             King
             Lewis
             and
             King
             James
             to
             send
             Ten
             Thousand
             Men
             to
             Invade
             our
             Country
             ,
             then
             he
             is
             not
             Guilty
             .
          
           
             In
             the
             next
             place
             ,
             Gentlemen
             ,
             he
             is
             not
             Guilty
             we
             say
             in
             the
             Eye
             of
             the
             Law
             ,
             if
             they
             have
             not
             two
             Witnesses
             ;
             and
             for
             that
             we
             say
             you
             have
             but
             one
             ,
             or
             but
             one
             that
             is
             to
             be
             believed
             ;
             and
             if
             you
             have
             but
             one
             that
             is
             to
             be
             believed
             ,
             that
             in
             Law
             is
             but
             one
             ,
             and
             consequently
             my
             Client
             is
             not
             Guilty
             ;
             so
             the
             King's
             Councel
             agree
             ,
             that
             if
             there
             be
             but
             one
             Witness
             ,
             he
             cannot
             be
             Convicted
             ,
             the
             Law
             is
             plain
             in
             the
             Case
             .
             Now
             to
             make
             it
             out
             that
             here
             is
             but
             one
             Witness
             at
             most
             ,
             we
             have
             offered
             you
             several
             Objections
             ,
             and
             made
             them
             out
             by
             Evidence
             ,
             against
             the
             Testimony
             of
             
               Mr.
               Goodman
            
             ;
             that
             he
             is
             not
             a
             Person
             fit
             to
             be
             believed
             ;
             and
             if
             he
             be
             out
             of
             the
             Case
             ,
             then
             does
             Mr.
             Porter's
             stand
             alone
             ,
             and
             all
             will
             amount
             but
             to
             one
             Witness
             ,
             suppose
             it
             shou'd
             be
             granted
             that
             his
             Testimony
             were
             true
             .
          
           
             First
             ,
             We
             have
             read
             a
             Record
             of
             Conviction
             against
             him
             ,
             of
             a
             Crime
             ,
             one
             of
             the
             greatest
             next
             unto
             Treason
             ,
             that
             is
             known
             in
             our
             or
             any
             other
             Law.
             That
             he
             hired
             a
             Man
             to
             Poison
             two
             Dukes
             ,
             Branches
             of
             a
             Noble
             Family
             ,
             to
             which
             he
             had
             such
             great
             Obligations
             ,
             as
             all
             Mankind
             do
             know
             ,
             and
             he
             himself
             cannot
             but
             acknowledge
             ;
             and
             if
             there
             were
             not
             that
             aggravation
             in
             it
             ,
             of
             his
             Obligations
             to
             that
             Family
             ,
             yet
             to
             lie
             
             in
             wait
             to
             Murder
             and
             Poyson
             ,
             is
             such
             an
             Offence
             as
             any
             Age
             can
             seldom
             show
             the
             like
             .
             And
             the
             Objection
             is
             not
             so
             very
             easily
             answer'd
             as
             they
             would
             have
             it
             ;
             nor
             can
             it
             be
             so
             soon
             passed
             over
             as
             they
             think
             ,
             by
             saying
             He
             is
             a
             Witness
             of
             a
             Confederacy
             with
             which
             the
             Prisoner
             is
             accus'd
             ,
             a
             Crime
             greater
             than
             the
             thing
             objected
             .
             It
             is
             true
             ,
             none
             can
             bear
             Testimony
             in
             such
             a
             business
             ,
             but
             he
             that
             is
             a
             Party
             :
             But
             ,
             we
             say
             ,
             if
             these
             Persons
             ,
             who
             come
             and
             set
             up
             themselves
             for
             Witnesses
             ,
             were
             not
             
               probi
               Homines
            
             ,
             and
             did
             not
             appear
             to
             be
             persons
             of
             indifferent
             Credit
             between
             Man
             and
             Man
             ,
             and
             did
             not
             stand
             impartial
             in
             the
             Eye
             of
             the
             World
             in
             other
             respects
             before
             ,
             then
             they
             are
             not
             to
             be
             believ'd
             ,
             as
             to
             what
             they
             charge
             themselves
             and
             others
             to
             be
             guilty
             of
             .
             Now
             ,
             if
             Mr.
             Goodman
             stand
             convicted
             of
             such
             an
             Offence
             as
             this
             that
             is
             alledg'd
             against
             him
             ,
             tho'
             he
             is
             pardon'd
             by
             the
             Act
             of
             Parliament
             ,
             or
             Satisfaction
             acknowledg'd
             upon
             the
             Record
             ,
             tho'
             it
             be
             even
             the
             very
             next
             Term
             ,
             yet
             that
             does
             not
             purge
             him
             from
             the
             Infamy
             and
             Disgrace
             ,
             or
             from
             the
             Imputation
             of
             being
             concern'd
             in
             so
             Villanous
             a
             Design
             .
             It
             is
             impossible
             that
             he
             should
             be
             a
             good
             Witness
             that
             wou'd
             be
             engag'd
             in
             such
             a
             matter
             ;
             especially
             when
             we
             have
             those
             Various
             Witnesses
             ,
             and
             such
             a
             Concurring
             Testimony
             ,
             that
             what
             he
             has
             Sworn
             is
             absolutely
             False
             .
          
           
             Gentlemen
             ,
             if
             there
             were
             nothing
             but
             his
             own
             Testimony
             in
             the
             Case
             ,
             there
             could
             be
             no
             Question
             at
             all
             in
             it
             :
             And
             as
             to
             Captain
             
             Porter's
             Testimony
             about
             his
             being
             there
             ,
             we
             have
             produc'd
             three
             Witnesses
             ,
             who
             ,
             if
             they
             be
             of
             Credit
             ,
             then
             Mr.
             Goodman
             is
             not
             to
             be
             believ'd
             ,
             but
             is
             falsified
             throughout
             ;
             for
             ,
             it
             is
             not
             the
             Question
             ,
             Whether
             Mr.
             Cook
             went
             away
             before
             the
             Consultation
             and
             the
             Resolution
             ;
             for
             ,
             if
             my
             Lord
             of
             Ailesbury
             ,
             or
             my
             Lord
             Montgomery
             went
             away
             ,
             Mr.
             Goodman
             is
             falsify'd
             in
             that
             ,
             and
             consequently
             you
             ought
             not
             to
             believe
             him
             in
             the
             rest
             ;
             for
             he
             actually
             Swears
             ,
             that
             my
             Lord
             of
             Ailesbury
             ,
             my
             Lord
             Mountgomery
             ,
             and
             those
             other
             Gentlemen
             ,
             were
             all
             present
             ,
             and
             at
             the
             Consult
             ,
             and
             did
             consent
             and
             agree
             to
             the
             Resolution
             ,
             by
             using
             these
             words
             ;
             
               Yes
               ,
               you
               may
               ;
               Yes
               ,
               you
               may
               .
            
             Now
             ,
             we
             say
             ,
             there
             are
             three
             Witnesses
             that
             swear
             ,
             That
             my
             Lord
             of
             Ailesbury
             was
             gone
             before
             he
             came
             there
             .
             I
             do
             not
             care
             whether
             he
             came
             there
             ,
             or
             not
             ;
             that
             is
             not
             material
             :
             If
             there
             were
             no
             body
             there
             when
             my
             Lord
             of
             Ailesbury
             was
             there
             but
             those
             that
             were
             at
             Dinner
             ,
             for
             then
             Mr.
             Goodman
             was
             not
             there
             at
             any
             such
             Consultation
             ,
             as
             they
             would
             insinuate
             was
             at
             that
             Time
             ,
             in
             that
             Place
             ,
             and
             that
             Company
             .
          
           
             My
             Lord
             ,
             we
             have
             prov'd
             to
             you
             Mr.
             
             Cook
             's
             Abherrence
             and
             Declaration
             ,
             which
             ,
             we
             think
             ,
             ought
             to
             go
             a
             great
             way
             in
             satisfaction
             of
             his
             Innocence
             ,
             at
             least
             to
             induce
             you
             to
             the
             favourable
             Side
             ;
             for
             ,
             Gentlemen
             ,
             you
             are
             not
             brought
             hither
             to
             Convict
             a
             Man
             only
             ,
             but
             to
             Try
             and
             Examine
             him
             ;
             and
             it
             is
             your
             Duty
             to
             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
             Exception
             against
             the
             Legality
             of
             his
             Evidence
             ,
             but
             tends
             only
             to
             his
             Credit
             ,
             and
             nothing
             else
             .
             Now
             ,
             tho'
             it
             be
             a
             black
             Crime
             to
             endeavour
             to
             poyson
             another
             ,
             yet
             that
             does
             not
             totally
             destroy
             any
             Man's
             Credit
             ;
             if
             it
             did
             ,
             then
             the
             other
             Gentleman
             ,
             Mr.
             Porter
             ,
             has
             confess'd
             himself
             Guilty
             of
             a
             greater
             Crime
             than
             that
             for
             which
             Mr.
             Goodman
             is
             Convicted
             by
             this
             Record
             ;
             for
             ,
             he
             owns
             himself
             one
             that
             was
             in
             that
             Design
             of
             Assassinating
             the
             King.
             And
             Mr.
             Goodman
             owns
             himself
             too
             Guilty
             of
             a
             greater
             Crime
             that
             what
             's
             objected
             to
             him
             ,
             which
             is
             that
             of
             
               High
               Treason
            
             ;
             and
             ,
             I
             hope
             ,
             if
             he
             may
             be
             believ'd
             ,
             when
             he
             owns
             himself
             guilty
             of
             
               High
               Treason
            
             ,
             which
             is
             a
             greater
             Crime
             than
             poysoning
             a
             private
             Subject
             ;
             or
             guilty
             of
             such
             a
             Design
             as
             the
             Assassination
             of
             the
             King
             ,
             which
             Mr.
             Porter
             has
             charg'd
             himself
             with
             ,
             and
             notwithstanding
             which
             they
             have
             not
             offer'd
             that
             as
             an
             Exception
             against
             Mr.
             
             Porter's
             Evidence
             ,
             (
             for
             they
             very
             well
             know
             ,
             his
             Evidence
             has
             been
             Receiv'd
             and
             Credited
             :
             )
             Mr.
             Goodman
             may
             be
             Credited
             ,
             tho'
             Guilty
             of
             the
             Crime
             objected
             to
             him
             :
             And
             the
             constant
             Practise
             in
             all
             Tryals
             of
             this
             kind
             hath
             been
             ,
             that
             it
             does
             not
             take
             away
             the
             Witnesses
             Evidence
             ,
             however
             it
             affects
             his
             Credit
             ,
             which
             in
             this
             Case
             is
             supported
             by
             the
             Concurrent
             Testimony
             of
             Mr.
             Porter
             .
             And
             so
             then
             ,
             I
             say
             ,
             we
             have
             two
             Legal
             Witnesses
             ,
             (
             notwithstanding
             all
             the
             Exceptions
             )
             to
             prove
             Mr.
             Cook
             guilty
             of
             the
             Crime
             for
             which
             he
             is
             Indicted
             .
          
           
             Then
             they
             go
             on
             further
             ,
             and
             produce
             other
             Witnesses
             :
             First
             ,
             they
             produce
             one
             Edwards
             ,
             a
             Person
             that
             is
             Committed
             for
             
               High
               Treason
            
             himself
             ,
             and
             under
             Suspicion
             of
             his
             being
             to
             be
             one
             of
             those
             that
             was
             to
             have
             a
             hand
             in
             the
             Assassination
             ;
             but
             his
             Evidence
             goes
             no
             further
             ,
             than
             that
             Mr.
             Goodman
             told
             him
             he
             was
             to
             be
             a
             Witness
             against
             Mr.
             Cook
             ,
             and
             either
             he
             the
             Witness
             ,
             or
             Mr.
             Cook
             must
             suffer
             ;
             and
             ,
             That
             it
             was
             a
             foolish
             thing
             to
             be
             Hang'd
             .
             My
             Lord
             ,
             there
             is
             nothing
             at
             all
             in
             this
             matter
             that
             takes
             away
             Mr.
             
             Goodman's
             Evidence
             :
             It
             is
             very
             plain
             Mr.
             Goodman
             had
             forfeited
             his
             Life
             ,
             and
             must
             do
             something
             to
             save
             it
             ,
             and
             I
             think
             he
             could
             not
             do
             a
             better
             Service
             to
             entitle
             himself
             to
             the
             King's
             Mercy
             ,
             than
             to
             discover
             those
             that
             were
             equally
             guilty
             with
             himself
             .
             'T
             was
             his
             Duty
             to
             have
             done
             it
             ,
             if
             he
             had
             not
             been
             in
             Danger
             ;
             and
             if
             he
             hath
             done
             no
             more
             than
             what
             was
             his
             Duty
             ,
             I
             hope
             that
             is
             no
             Objection
             against
             his
             Testimony
             .
          
           
             They
             have
             produced
             likewise
             a
             Drawer
             of
             the
             
               Kings-head
               Tavern
            
             ,
             one
             Crawford
             ,
             and
             he
             says
             ,
             he
             attended
             in
             this
             Room
             while
             this
             Company
             was
             there
             .
             But
             then
             he
             goes
             a
             little
             further
             than
             the
             Councel
             or
             the
             Prisoner
             would
             have
             had
             him
             ;
             for
             they
             called
             him
             to
             prove
             ,
             that
             Mr.
             Goodman
             was
             not
             there
             when
             my
             Lord
             of
             Ailesbury
             ,
             my
             Lord
             Montgomery
             ,
             and
             Mr.
             Cook
             were
             there
             .
             But
             when
             the
             Drawer
             comes
             ,
             he
             knows
             nothing
             of
             Mr.
             
             Goodman's
             being
             there
             at
             all
             :
             He
             says
             ,
             Mr.
             Cook
             was
             there
             ,
             but
             not
             Mr.
             Goodman
             ;
             
             and
             yet
             he
             does
             acknowledge
             ,
             that
             Mr.
             Goodman
             might
             be
             there
             ,
             and
             he
             not
             see
             him
             come
             up
             .
             He
             acknowledges
             he
             attended
             upon
             other
             Company
             as
             well
             as
             this
             ;
             so
             that
             it
             is
             plain
             in
             the
             nature
             of
             the
             thing
             ,
             and
             his
             own
             Confession
             ,
             that
             Goodman
             might
             be
             there
             .
             This
             cannot
             take
             off
             the
             positive
             Evidence
             of
             Mr.
             Goodman
             and
             Mr.
             Porter
             ,
             who
             both
             swear
             ,
             That
             Goodman
             was
             there
             .
          
           
             But
             then
             they
             produce
             another
             Drawer
             ,
             and
             that
             is
             one
             Huntley
             ;
             and
             he
             gives
             the
             same
             Account
             ,
             only
             indeed
             he
             says
             ,
             He
             was
             there
             all
             the
             while
             they
             were
             at
             Dinner
             :
             But
             that
             is
             nothing
             ,
             because
             it
             is
             acknowledg'd
             both
             by
             Mr.
             Porter
             and
             Mr.
             Goodman
             ,
             That
             he
             was
             not
             there
             at
             Dinner-time
             ,
             but
             he
             might
             be
             there
             after
             Dinner
             ,
             and
             yet
             Huntly
             could
             not
             see
             him
             at
             Dinner
             :
             He
             tells
             you
             likewise
             ,
             he
             pass'd
             up
             and
             down
             in
             the
             Room
             afterwards
             ,
             and
             did
             not
             see
             Mr.
             Goodman
             there
             ;
             but
             yet
             he
             might
             be
             there
             ,
             and
             he
             not
             see
             him
             .
          
           
             Then
             they
             produce
             the
             Master
             of
             the
             House
             ,
             and
             he
             gives
             much
             the
             same
             Evidence
             in
             effect
             which
             his
             Servants
             do
             ,
             That
             he
             did
             not
             see
             Mr.
             Goodman
             there
             all
             the
             while
             ;
             but
             he
             says
             something
             that
             is
             a
             little
             incredible
             ;
             He
             can
             be
             positive
             that
             Mr.
             Goodman
             was
             not
             there
             while
             my
             Lord
             of
             Ailesbury
             was
             there
             ,
             but
             he
             cannot
             be
             positive
             that
             he
             was
             not
             there
             afterwards
             .
             He
             tells
             you
             ,
             he
             met
             my
             Lord
             of
             Ailesbury
             and
             my
             Lord
             Montgomery
             upon
             the
             middle
             of
             the
             Stairs
             coming
             down
             ,
             and
             he
             is
             sure
             Mr.
             Goodman
             was
             not
             in
             the
             Room
             at
             that
             time
             .
             Now
             ,
             is
             that
             possible
             that
             he
             could
             be
             sure
             of
             that
             ,
             when
             he
             owns
             ,
             (
             and
             cannot
             but
             own
             )
             That
             Mr.
             Goodman
             might
             go
             into
             the
             Room
             and
             he
             not
             see
             him
             ?
             So
             that
             he
             has
             made
             a
             strain
             in
             his
             Evidence
             that
             it
             is
             very
             little
             to
             be
             Credited
             ,
             which
             was
             not
             designed
             so
             much
             for
             the
             advantage
             of
             Mr.
             Cook
             as
             for
             the
             advantage
             of
             somebody
             else
             :
             And
             ,
             in
             itself
             ,
             it
             is
             almost
             an
             impossible
             thing
             that
             it
             should
             be
             true
             ,
             by
             what
             he
             offers
             as
             the
             Reason
             of
             his
             Evidence
             .
          
           
             But
             then
             ,
             Gentlemen
             ,
             you
             are
             to
             consider
             ,
             that
             all
             these
             three
             Witnesses
             ,
             if
             they
             swear
             true
             ,
             do
             falsifie
             not
             only
             Mr.
             Goodman
             ,
             who
             swears
             ,
             That
             he
             was
             there
             ;
             but
             they
             likewise
             falsifie
             the
             Evidence
             of
             Mr.
             Porter
             ,
             and
             for
             that
             Reason
             I
             ask'd
             Mr.
             Porter
             the
             Question
             ,
             Whether
             he
             did
             not
             give
             the
             same
             Evidence
             against
             Sir
             
               John
               Friend
            
             ?
             And
             if
             what
             he
             swears
             now
             be
             not
             true
             ,
             neither
             was
             it
             true
             when
             Sir
             
               John
               Friend
            
             was
             Try'd
             ,
             for
             he
             was
             the
             only
             Witness
             at
             that
             time
             against
             Sir
             
               John
               Friend
            
             ,
             for
             this
             meeting
             ;
             and
             therefore
             these
             mens
             Testimony
             tends
             to
             overthrow
             Both
             Witnesses
             as
             well
             as
             One
             :
             And
             I
             must
             tell
             you
             ,
             that
             if
             Mr.
             Goodman
             be
             not
             a
             Legal
             Witness
             ,
             because
             he
             has
             sworn
             a
             thing
             that
             is
             not
             true
             ,
             then
             Mr.
             Porter
             is
             not
             a
             good
             Witness
             ,
             who
             has
             sworn
             the
             same
             thing
             ,
             viz.
             That
             Mr.
             Goodman
             was
             there
             ;
             and
             then
             you
             ought
             to
             acquit
             the
             Prisoner
             ,
             because
             there
             is
             no
             Witness
             against
             him
             at
             Law
             ;
             for
             ,
             there
             is
             the
             same
             Evidence
             against
             Mr.
             Porter
             that
             there
             is
             against
             Mr.
             Goodman
             as
             to
             this
             matter
             .
          
           
             Then
             ,
             Gentlemen
             ,
             as
             for
             the
             Character
             of
             Mr.
             Cook
             ,
             they
             say
             he
             is
             a
             good
             
               English
               Protestant
            
             ,
             I
             hope
             he
             is
             so
             ▪
             but
             it
             is
             plain
             ,
             that
             Religion
             does
             not
             vary
             the
             Case
             :
             'T
             is
             within
             the
             reach
             of
             every
             man's
             memory
             that
             is
             here
             ,
             that
             the
             same
             things
             have
             fallen
             upon
             other
             Gentlemen
             that
             have
             had
             the
             same
             Character
             ,
             particularly
             Sir
             
               John
               Friend
            
             and
             Sir
             
               William
               Parkyns
            
             ,
             who
             both
             ▪
             said
             the
             same
             things
             ,
             in
             the
             same
             place
             ,
             That
             they
             were
             
               True
               Protestants
            
             of
             the
             Church
             of
             England
             .
             But
             that
             is
             no
             manner
             of
             Evidence
             that
             will
             be
             of
             weight
             against
             Positive
             Oaths
             .
          
           
             Now
             ,
             Gentlemen
             ,
             it
             is
             fit
             likewise
             you
             should
             reflect
             upon
             another
             thing
             :
             What
             is
             it
             that
             should
             engage
             Mr.
             Porter
             and
             Mr.
             Goodman
             ,
             or
             invite
             either
             of
             those
             two
             Gentlemen
             to
             give
             a
             False
             Evidence
             against
             the
             Prisoner
             at
             the
             Bar
             ?
             It
             does
             not
             appear
             that
             there
             was
             any
             Injury
             done
             by
             him
             
             to
             them
             ,
             to
             provoke
             them
             ,
             to
             it
             ;
             so
             that
             it
             could
             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
             ●s
             Friends
             ,
             at
             this
             Tavern
             in
             
               Leaden-hall
               street
            
             .
             He
             says
             ,
             That
             he
             did
             tell
             Mr.
             Porter
             ,
             he
             doubted
             he
             should
             not
             be
             there
             at
             Dinner
             ,
             but
             he
             would
             come
             as
             soon
             as
             he
             could
             after
             Dinner
             ;
             and
             according
             to
             appointment
             ,
             he
             did
             come
             after
             Dinner
             ,
             and
             there
             was
             this
             Consultation
             and
             Resolution
             that
             Mr.
             Porter
             speaks
             of
             ,
             and
             says
             ,
             That
             Mr.
             Chernock
             afterwards
             told
             him
             ,
             he
             had
             been
             in
             France
             with
             the
             late
             King
             ,
             and
             brought
             back
             the
             same
             Answer
             that
             Mr.
             Porter
             speaks
             of
             ;
             and
             he
             had
             the
             Honour
             of
             Thanks
             from
             the
             late
             King
             too
             .
          
           
             Gentlemen
             ,
             I
             must
             observe
             one
             thing
             to
             you
             ,
             which
             does
             go
             very
             much
             towards
             the
             confirming
             what
             these
             Witnesses
             say
             ,
             and
             that
             is
             the
             Agreement
             in
             their
             Testimonies
             ,
             tho
             they
             were
             examin'd
             Apart
             at
             the
             Desire
             of
             the
             Prisoner
             :
             You
             will
             find
             they
             agree
             in
             these
             several
             Circumstances
             ,
             in
             the
             Time
             ,
             that
             it
             was
             this
             time
             twelve-months
             ;
             in
             the
             Place
             ,
             that
             it
             was
             at
             this
             Tavern
             ;
             in
             the
             Number
             of
             Persons
             that
             were
             there
             ,
             which
             was
             Eight
             before
             Mr.
             Goodman
             came
             in
             ;
             in
             the
             number
             of
             Horse
             ,
             Foot
             ,
             and
             Dragoons
             that
             were
             to
             be
             brought
             from
             France
             ,
             and
             in
             those
             Horse
             that
             were
             to
             meet
             them
             here
             ;
             and
             besides
             ,
             in
             those
             words
             of
             Discourse
             upon
             the
             Consultation
             and
             the
             Resolution
             .
             And
             there
             is
             one
             Circumstance
             more
             in
             which
             they
             do
             agree
             ,
             and
             which
             is
             very
             particular
             ;
             That
             when
             they
             came
             to
             deliver
             their
             Consent
             to
             this
             Message
             that
             Mr.
             Chernock
             was
             to
             carry
             ,
             the
             rest
             sate
             ,
             and
             Mr.
             Cook
             the
             Prisoner
             did
             kneel
             upon
             the
             Chair
             ,
             and
             lean'd
             upon
             the
             Table
             .
             And
             this
             both
             of
             them
             do
             agree
             in
             .
             And
             after
             all
             the
             many
             Questions
             ask'd
             in
             their
             separate
             examination
             ,
             I
             do
             not
             find
             they
             disagree
             in
             any
             Part
             of
             their
             Evidence
             .
             So
             that
             ,
             Gentlemen
             ,
             there
             can
             remain
             no
             Question
             now
             ,
             but
             Whether
             these
             two
             Witnesses
             are
             men
             of
             Credit
             ;
             or
             ,
             whether
             there
             has
             been
             opposed
             to
             them
             any
             such
             Evidence
             as
             will
             make
             you
             believe
             ,
             that
             (
             if
             not
             both
             )
             at
             least
             one
             of
             them
             has
             forsworn
             himself
             .
             They
             do
             produce
             nothing
             against
             Mr.
             Porter
             ,
             whatsoever
             may
             have
             been
             produc'd
             at
             former
             Tryals
             against
             his
             Credit
             :
             Perhaps
             what
             has
             been
             before
             ,
             has
             satisfied
             the
             Objectors
             ,
             
             there
             is
             nothing
             appears
             against
             his
             Credit
             ;
             but
             he
             is
             not
             only
             a
             Competent
             but
             a
             very
             clear
             ,
             good
             ,
             credible
             ,
             and
             undoubted
             Witness
             .
          
           
             But
             against
             Mr.
             Goodman
             they
             offer
             several
             things
             which
             they
             say
             amount
             to
             a
             violent
             Presumption
             ,
             that
             he
             is
             not
             to
             be
             look'd
             upon
             as
             a
             credible
             Witness
             :
             And
             first
             ,
             they
             produce
             a
             Record
             of
             a
             Conviction
             upon
             an
             Information
             against
             him
             ,
             for
             attempting
             to
             poison
             two
             Noble
             Dukes
             :
             This
             he
             was
             convicted
             of
             ,
             and
             fin'd
             
               1000
               l.
            
             and
             ordered
             to
             find
             Sureties
             for
             his
             good
             Behaviour
             during
             his
             Life
             .
             But
             ,
             to
             this
             it
             is
             answered
             ,
             that
             it
             appears
             in
             the
             same
             Record
             ,
             that
             Satisfaction
             was
             acknowledged
             of
             the
             
               1000
               l.
            
             and
             all
             the
             rest
             of
             the
             Judgment
             the
             very
             next
             Term
             ,
             and
             he
             was
             forthwith
             discharged
             ,
             and
             that
             without
             paying
             the
             Mony
             ,
             which
             (
             't
             was
             observ'd
             )
             the
             Prisoner's
             Counsel
             said
             Mr.
             Goodman
             was
             not
             able
             to
             pay
             at
             that
             time
             ,
             no
             more
             than
             he
             could
             20000
             l.
             and
             thereupon
             the
             King's
             Counsel
             say
             ,
             that
             the
             Government
             was
             convinc'd
             that
             he
             was
             wrong'd
             by
             a
             causeless
             Prosecution
             ,
             and
             the
             Evidence
             against
             him
             was
             found
             not
             to
             be
             credible
             .
             And
             besides
             ,
             Mr.
             Goodman
             stands
             pardoned
             by
             several
             Acts
             of
             Pardons
             ,
             as
             well
             as
             other
             Subjects
             .
          
           
             Then
             they
             produce
             one
             Edwards
             ,
             who
             is
             a
             Prisoner
             here
             ,
             and
             committed
             for
             Suspicion
             of
             High
             Treason
             ,
             and
             for
             Treasonable
             Practices
             :
             He
             is
             ,
             no
             doubt
             of
             it
             ,
             a
             Witness
             for
             all
             that
             :
             For
             that
             is
             but
             an
             Accusation
             upon
             him
             ,
             and
             does
             not
             take
             away
             his
             Credit
             .
             He
             tells
             you
             of
             a
             Discourse
             that
             he
             had
             with
             Mr.
             Goodman
             ,
             and
             that
             Goodman
             ask'd
             him
             when
             the
             Prisoner
             was
             to
             be
             try'd
             ;
             and
             he
             told
             him
             he
             wou'd
             be
             try'd
             such
             a
             Day
             ;
             and
             when
             it
             was
             ask'd
             what
             it
             was
             for
             ,
             it
             was
             answer'd
             ,
             not
             for
             the
             Assassination
             ,
             but
             for
             sending
             Mr.
             Chernock
             into
             France
             ?
             He
             ask'd
             then
             who
             were
             the
             Witnesses
             against
             him
             ?
             Mr.
             Goodman
             said
             ,
             Mr.
             Porter
             and
             himself
             .
             And
             further
             said
             ,
             that
             he
             understood
             that
             Mr.
             Cook
             had
             sworn
             against
             him
             (
             though
             he
             would
             give
             an
             Account
             of
             no
             body
             else
             )
             and
             had
             no
             Pardon
             ,
             and
             either
             he
             must
             hang
             ,
             or
             himself
             .
             And
             then
             he
             talk'd
             lightly
             of
             the
             Business
             of
             hanging
             ,
             and
             said
             it
             was
             a
             foolish
             thing
             to
             be
             hang'd
             ,
             for
             all
             that
             People
             wou'd
             say
             ,
             was
             ,
             that
             such
             an
             one
             hang'd
             handsomly
             ,
             or
             dyed
             bravely
             .
             This
             indeed
             is
             a
             sort
             of
             Discourse
             as
             if
             Mr.
             Goodman
             did
             apprehend
             himself
             in
             Danger
             from
             Mr.
             
             Cook
             's
             Evidence
             ;
             and
             yet
             I
             cannot
             see
             that
             it
             does
             at
             all
             falsifie
             the
             Evidence
             of
             Mr.
             Goodman
             :
             He
             may
             be
             a
             true
             Witness
             ,
             and
             yet
             he
             might
             say
             he
             was
             to
             give
             Evidence
             against
             Mr.
             Cook
             ,
             and
             it
             was
             in
             Mr.
             
             Cook
             's
             Power
             to
             give
             Evidence
             against
             him
             ,
             and
             that
             truly
             ;
             and
             if
             both
             were
             in
             the
             Guilt
             ,
             they
             were
             in
             Danger
             of
             one
             another
             .
             But
             for
             a
             further
             Answer
             ,
             the
             King's
             Counsel
             have
             produced
             Mr.
             De-la-rue
             ,
             who
             says
             ,
             that
             he
             knew
             Mr.
             Edwards
             ,
             and
             that
             he
             was
             a
             Scotch
             Man
             ,
             and
             reputed
             Chaplain
             to
             the
             Viscount
             of
             Dundee
             ,
             that
             he
             went
             formerly
             by
             the
             Name
             of
             Dowglas
             ,
             and
             by
             that
             Name
             he
             was
             set
             down
             and
             described
             in
             the
             List
             that
             Mr.
             Chernock
             sent
             to
             Captain
             Porter
             ;
             and
             to
             that
             Name
             he
             answer'd
             in
             the
             Press-yard
             lately
             .
             Now
             it
             is
             certain
             ,
             that
             Mr.
             
             Chernock's
             putting
             of
             his
             Name
             in
             that
             List
             ,
             is
             no
             Evidence
             of
             his
             being
             guilty
             in
             Mr.
             
             Chernock's
             Treason
             .
             But
             his
             going
             by
             two
             Names
             doth
             justly
             lay
             him
             under
             some
             Suspicion
             .
             But
             the
             Evidence
             that
             the
             Prisoner
             seems
             to
             rely
             upon
             most
             ,
             is
             what
             Evidence
             has
             been
             produc'd
             against
             Mr.
             Goodman
             in
             that
             Point
             of
             Fact
             ,
             by
             the
             Master
             and
             the
             two
             Drawers
             ;
             the
             first
             of
             the
             Drawer's
             Name
             was
             Crawford
             ,
             and
             he
             does
             tell
             you
             ,
             that
             about
             12
             Months
             ago
             there
             was
             this
             Company
             at
             Dinner
             there
             :
             My
             Lord
             of
             Aylesbury
             ,
             my
             Lord
             Montgomery
             ,
             Sir
             
               John
               Friend
            
             ,
             Sir
             
               John
               Fenwick
            
             ,
             Sir
             
               William
               Parkyns
            
             ,
             Captain
             Porter
             ,
             Mr.
             Chernock
             ,
             and
             the
             Prisoner
             ,
             though
             he
             did
             not
             then
             know
             his
             Name
             ,
             or
             the
             Name
             of
             one
             or
             two
             more
             of
             them
             .
             I
             observe
             by
             the
             way
             ,
             that
             his
             Testimony
             so
             far
             does
             verifie
             theirs
             ,
             that
             there
             were
             eight
             of
             them
             there
             ,
             but
             he
             says
             he
             did
             not
             see
             Mr.
             Goodman
             there
             ,
             nor
             any
             but
             those
             that
             dined
             there
             .
             And
             my
             Lord
             of
             Aylesbury
             went
             away
             ,
             as
             he
             thinks
             ,
             about
             four
             a
             Clock
             .
             He
             cannot
             say
             that
             the
             Prisoner
             was
             there
             ,
             or
             was
             gone
             at
             that
             time
             before
             Mr.
             Goodman
             came
             in
             ;
             for
             he
             did
             not
             see
             Mr.
             
             Goodman
             there
             at
             all
             ,
             he
             was
             not
             in
             the
             Room
             all
             the
             time
             ,
             but
             he
             was
             to
             and
             fro
             attending
             till
             my
             Lord
             of
             Aylesbury
             and
             my
             Lord
             Montgomery
             went
             away
             in
             a
             Coach
             that
             was
             called
             ,
             and
             when
             they
             were
             gone
             ,
             the
             rest
             of
             the
             Company
             staid
             there
             a
             good
             while
             ;
             being
             urged
             to
             tell
             how
             long
             ,
             at
             last
             he
             said
             it
             was
             dark
             ,
             and
             that
             agrees
             with
             Mr.
             Porter
             ,
             who
             says
             ,
             it
             was
             about
             nine
             a-Clock
             when
             they
             went
             away
             .
             He
             says
             he
             was
             there
             once
             or
             twice
             after
             my
             Lord
             of
             Aylesbury
             went
             away
             ,
             but
             he
             never
             saw
             Mr.
             Goodman
             that
             he
             remembers
             at
             all
             ,
             till
             last
             Saturday
             ,
             in
             all
             his
             Life
             .
             As
             to
             this
             the
             King's
             Counsel
             say
             ,
             that
             it
             is
             only
             a
             negative
             Evidence
             ,
             and
             in
             which
             a
             Man
             cannot
             be
             absolutely
             positive
             ,
             but
             can
             only
             speak
             according
             to
             his
             Observation
             and
             Memory
             ,
             which
             might
             not
             be
             perfect
             ,
             and
             Mr.
             Goodman
             might
             be
             there
             in
             the
             mean
             time
             of
             his
             going
             in
             and
             out
             :
             That
             is
             possible
             ;
             and
             so
             it
             must
             be
             left
             to
             you
             to
             consider
             of
             it
             .
          
           
             Then
             there
             is
             Huntly
             the
             other
             Drawer
             ,
             and
             he
             says
             my
             Lord
             of
             Aylesbury
             went
             away
             about
             that
             time
             ,
             and
             that
             he
             did
             not
             see
             Mr.
             Goodman
             there
             at
             all
             ,
             nor
             ever
             in
             his
             Life
             till
             now
             ;
             neither
             does
             he
             remember
             that
             any
             body
             came
             to
             them
             after
             Dinner
             ,
             and
             if
             any
             fresh
             Man
             had
             then
             come
             in
             ,
             he
             thinks
             he
             should
             (
             going
             often
             in
             to
             them
             )
             have
             known
             him
             ;
             and
             says
             ,
             that
             he
             attended
             this
             Company
             only
             :
             And
             he
             had
             seen
             Sir
             
               John
               Friend
            
             and
             Sir
             
               William
               Parkyns
            
             there
             before
             .
          
           
             Then
             Mr.
             Cock
             ,
             the
             Master
             of
             the
             House
             was
             produced
             ,
             and
             he
             names
             all
             the
             eight
             Persons
             that
             did
             dine
             there
             ,
             and
             so
             far
             he
             confirms
             the
             King's
             Evidence
             :
             He
             thinks
             that
             my
             Lord
             of
             Aylesbury
             and
             my
             Lord
             Montgomery
             went
             away
             privately
             (
             as
             it
             seems
             they
             had
             come
             )
             in
             a
             Hackney
             Coach
             ,
             and
             that
             it
             was
             about
             4
             a-Clock
             ;
             and
             he
             says
             ,
             he
             did
             not
             see
             Mr.
             Goodman
             there
             ,
             and
             he
             does
             not
             know
             that
             he
             ever
             saw
             him
             till
             now
             :
             But
             when
             he
             was
             cross
             examined
             by
             the
             King's
             Counsel
             ,
             he
             does
             acknowledge
             that
             he
             might
             possibly
             come
             in
             after
             Dinner
             ,
             and
             before
             my
             Lord
             of
             Aylesbury
             went
             away
             ,
             and
             he
             not
             see
             him
             ,
             because
             he
             was
             not
             there
             all
             the
             time
             ;
             he
             says
             Sir
             
               John
               Friend
            
             used
             to
             dine
             at
             his
             House
             ,
             and
             came
             to
             his
             House
             once
             a
             Week
             ;
             and
             he
             had
             seen
             some
             of
             the
             rest
             ,
             but
             they
             did
             not
             frequent
             his
             House
             as
             Sir
             
               John
               Friend
            
             did
             :
             He
             says
             ,
             the
             Company
             din'd
             about
             2
             a-Clock
             ,
             and
             the
             last
             of
             them
             staid
             till
             about
             8
             or
             9
             ,
             and
             that
             the
             Door
             was
             shut
             as
             is
             usual
             when
             Company
             is
             in
             a
             Room
             ,
             but
             no
             body
             was
             forbid
             to
             come
             there
             .
          
           
             But
             to
             establish
             the
             Credit
             of
             the
             Evidence
             on
             the
             King's
             part
             ,
             they
             did
             produce
             Mr.
             Goodman
             and
             Mr.
             Porter
             again
             :
             Mr.
             Goodman
             does
             acknowledge
             so
             far
             to
             be
             true
             ,
             that
             my
             Lord
             of
             Aylesbury
             went
             away
             first
             ;
             but
             says
             ,
             that
             himself
             was
             not
             wholly
             a
             Stranger
             to
             this
             House
             ,
             for
             he
             had
             dined
             there
             four
             or
             five
             times
             with
             Sir
             
               John
               Friend
            
             ,
             and
             particularly
             one
             time
             ,
             he
             being
             sick
             ,
             and
             asking
             for
             some
             Brandy
             ,
             the
             Master
             of
             the
             House
             said
             he
             would
             help
             him
             to
             some
             of
             the
             best
             in
             England
             ,
             and
             Mr.
             Goodman
             would
             have
             bought
             some
             of
             him
             .
             But
             the
             Master
             seems
             not
             to
             own
             that
             ,
             and
             says
             ,
             he
             does
             not
             remember
             any
             thing
             of
             it
             .
          
           
             But
             then
             comes
             Mr.
             Porter
             again
             ,
             and
             he
             says
             positively
             ,
             that
             Mr.
             Goodman
             was
             there
             ,
             and
             that
             he
             did
             speak
             with
             the
             Company
             ,
             and
             complemented
             my
             Lord
             of
             Aylesbury
             when
             he
             went
             away
             ,
             and
             went
             part
             of
             the
             way
             towards
             the
             Stairs
             with
             him
             ;
             and
             he
             does
             well
             remember
             it
             by
             this
             Token
             ,
             that
             when
             Mr.
             Porter
             was
             told
             Mr.
             Goodman
             was
             below
             ,
             he
             mentioned
             him
             in
             the
             Company
             as
             a
             trusty
             Man
             ,
             that
             was
             fit
             for
             the
             Conversation
             ;
             and
             then
             Mr.
             Porter
             went
             and
             fetch
             't
             him
             up
             ,
             and
             Mr.
             Goodman
             was
             there
             near
             two
             Hours
             ,
             and
             they
             discours'd
             all
             this
             matter
             in
             that
             time
             in
             the
             Presence
             of
             the
             Prisoner
             and
             the
             rest
             ;
             and
             he
             says
             it
             was
             about
             six
             a-Clock
             before
             my
             Lord
             of
             Aylesbury
             and
             my
             Lord
             Montgomery
             went
             away
             ,
             and
             then
             there
             was
             Opportunity
             enough
             for
             this
             Discourse
             ,
             and
             Consult
             that
             they
             speak
             of
             .
          
           
             The
             Prisoner
             has
             offered
             another
             sort
             of
             Evidence
             :
             First
             ,
             the
             Confidence
             of
             his
             own
             Innocence
             ,
             that
             he
             was
             abroad
             three
             Weeks
             after
             this
             Conspiracy
             
             was
             discovered
             ;
             and
             they
             have
             produced
             Mr.
             Treganna
             ,
             Mr.
             Peachy
             ,
             and
             Mr.
             Nichols
             ,
             who
             prove
             that
             he
             never
             absconded
             ,
             but
             was
             abroad
             and
             appeared
             openly
             (
             for
             three
             Weeks
             after
             )
             till
             such
             time
             as
             he
             was
             taken
             .
             This
             the
             King's
             Counsel
             say
             is
             no
             proof
             that
             he
             is
             not
             Guilty
             ,
             and
             their
             Evidence
             untrue
             .
             They
             say
             he
             might
             have
             a
             Confidence
             ,
             and
             the
             rather
             because
             he
             is
             not
             charged
             with
             the
             Assassination
             ;
             for
             ,
             at
             that
             time
             these
             Witnesses
             speak
             of
             nothing
             was
             discovered
             and
             publick
             but
             the
             Assassination
             ;
             for
             it
             was
             before
             Sir
             John
             Friend's
             Trial
             ;
             and
             then
             was
             the
             great
             Discovery
             of
             the
             Secret
             of
             the
             Invasion
             .
          
           
             Then
             he
             shews
             further
             as
             to
             his
             Conversation
             ,
             that
             he
             is
             a
             Man
             of
             a
             very
             sober
             Life
             ,
             never
             was
             known
             to
             Swear
             ,
             that
             he
             Drinks
             but
             little
             ,
             and
             is
             a
             Godly
             Man
             ,
             and
             often
             says
             his
             Prayers
             .
             As
             to
             that
             ,
             the
             King's
             Counsel
             on
             the
             other
             side
             tell
             you
             ,
             that
             has
             been
             pretended
             to
             by
             other
             People
             too
             ;
             and
             the
             Question
             is
             not
             about
             Religion
             ,
             but
             
               this
               Fact
            
             that
             you
             are
             now
             to
             try
             .
             Whether
             he
             be
             so
             Religious
             or
             no
             as
             he
             pretends
             ,
             or
             whether
             he
             be
             Sincere
             in
             his
             Devotion
             ,
             that
             is
             not
             so
             much
             the
             matter
             now
             ,
             but
             the
             Question
             is
             ,
             whether
             he
             has
             offended
             in
             this
             Kind
             as
             he
             stands
             Accused
             .
             They
             produce
             a
             Gentleman
             ,
             one
             Mr.
             Hammond
             ,
             and
             he
             says
             that
             he
             is
             a
             very
             Consciencious
             Man
             ,
             and
             particularly
             is
             a
             great
             Lover
             of
             his
             Country
             ;
             and
             he
             has
             often
             heard
             him
             declare
             a
             Detestation
             of
             an
             Invasion
             by
             a
             French
             Force
             ,
             and
             wish
             Success
             to
             the
             Fleet
             ;
             but
             that
             which
             he
             remembers
             chiefly
             ,
             was
             about
             the
             time
             of
             the
             Discovery
             of
             this
             Plot.
             The
             King's
             Counsel
             answer
             to
             this
             ,
             that
             a
             man
             may
             use
             such
             kind
             of
             Expressions
             ,
             perhaps
             to
             Cover
             his
             Guilt
             ;
             and
             in
             the
             Reply
             to
             Sir
             
               Barth
               .
               Showers
            
             Observations
             it
             was
             taken
             notice
             of
             by
             Mr.
             Solicitor
             ,
             (
             what
             we
             all
             cannot
             but
             remember
             )
             that
             the
             like
             Evidence
             was
             given
             as
             to
             Sir
             
               John
               Friend
            
             ,
             that
             he
             did
             detest
             an
             Invasion
             ,
             and
             was
             present
             at
             the
             Common
             Prayer
             when
             King
             William
             was
             pray'd
             for
             ,
             and
             declared
             against
             Plots
             ;
             and
             that
             if
             they
             catched
             him
             in
             the
             Corn
             they
             might
             put
             him
             in
             the
             Pound
             .
             These
             things
             a
             man
             might
             say
             ,
             and
             it
             is
             the
             lightest
             Evidence
             that
             can
             be
             given
             ,
             being
             Discourses
             out
             of
             Mens
             own
             mouths
             ,
             who
             will
             never
             proclaim
             their
             own
             Guilt
             ;
             and
             therefore
             it
             is
             the
             weakest
             Defence
             that
             can
             be
             offered
             .
             But
             Gentlemen
             ,
             you
             are
             to
             consider
             the
             other
             Evidence
             that
             has
             been
             produc'd
             by
             the
             Prisoner
             ,
             given
             by
             several
             Witnesses
             ,
             and
             who
             are
             upon
             their
             Oaths
             now
             as
             well
             as
             the
             King's
             Witnesses
             .
             And
             his
             Counsel
             say
             their
             Witnesses
             ,
             but
             particularly
             the
             three
             upon
             whom
             they
             chiefly
             rely
             ,
             have
             no
             Objection
             made
             out
             against
             them
             ;
             and
             no
             man's
             Testimony
             ought
             to
             be
             Presumed
             to
             be
             false
             .
             And
             it
             must
             be
             taken
             notice
             of
             ,
             that
             they
             can
             speak
             only
             according
             to
             their
             Belief
             ,
             grounded
             on
             their
             Observation
             and
             Memory
             ,
             that
             they
             did
             not
             so
             far
             as
             they
             observed
             or
             remember
             ,
             see
             Mr.
             Goodman
             there
             ,
             as
             't
             was
             most
             probable
             they
             should
             if
             he
             had
             been
             .
             But
             't
             is
             possible
             they
             might
             overlook
             or
             forget
             ;
             the
             rather
             for
             that
             they
             were
             not
             of
             the
             Company
             ,
             but
             in
             and
             out
             ,
             up
             and
             down
             ;
             and
             Mr.
             Goodman
             was
             not
             there
             at
             Dinner
             when
             their
             Attendance
             was
             fixt
             and
             constant
             .
          
           
             It
             ought
             to
             be
             considered
             also
             ,
             that
             here
             are
             several
             Circumstances
             ,
             some
             of
             which
             seem
             very
             pregnant
             .
             It
             is
             agreed
             on
             all
             hands
             ,
             that
             the
             Prisoner
             Dined
             there
             with
             those
             other
             seven
             persons
             ,
             concerning
             Four
             of
             whom
             we
             must
             conclude
             nothing
             ;
             but
             concerning
             three
             of
             them
             we
             in
             this
             Court
             may
             take
             notice
             ,
             they
             are
             Attainted
             of
             High
             Treason
             ,
             and
             so
             it
             is
             evident
             that
             the
             Prisoner
             was
             for
             a
             long
             time
             a
             Companion
             of
             three
             Traytors
             ,
             and
             had
             a
             Conversation
             with
             them
             .
             I
             do
             not
             find
             that
             he
             had
             any
             Occasion
             to
             be
             there
             ;
             nor
             any
             of
             the
             rest
             of
             the
             Company
             .
             Concerning
             my
             Lord
             of
             Aylesbury
             ,
             indeed
             it
             is
             said
             he
             proposed
             to
             treat
             about
             a
             Hogshead
             of
             White
             Wine
             .
             But
             that
             seems
             to
             be
             casual
             ,
             and
             not
             the
             end
             of
             his
             coming
             and
             Dining
             with
             this
             Company
             there
             .
             But
             ,
             be
             that
             how
             it
             will
             ,
             that
             relates
             to
             his
             Lordship
             alone
             .
             But
             ,
             for
             the
             others
             ,
             I
             do
             not
             find
             they
             do
             pretend
             any
             Occasion
             of
             meeting
             there
             ;
             and
             therefore
             
             it
             leaves
             it
             the
             more
             suspicious
             :
             And
             't
             is
             the
             more
             so
             ,
             because
             it
             was
             managed
             so
             privately
             and
             cautelously
             .
             They
             were
             not
             attended
             according
             to
             their
             Qualities
             .
             The
             Lords
             went
             away
             together
             in
             a
             Hackney-Coach
             that
             was
             called
             ,
             as
             they
             had
             come
             thither
             in
             another
             .
             The
             rest
             thought
             fit
             to
             stay
             there
             till
             it
             was
             dark
             ;
             and
             as
             soon
             as
             it
             was
             so
             ,
             went
             away
             .
             There
             was
             some
             extraordinary
             Cause
             for
             all
             this
             .
             It
             did
             import
             the
             Prisoner
             to
             shew
             ,
             that
             it
             was
             for
             some
             good
             Cause
             and
             Purpose
             .
          
           
             And
             further
             ,
             it
             is
             observable
             that
             this
             House
             was
             a
             place
             which
             ,
             as
             the
             Master
             says
             ,
             none
             of
             this
             Company
             did
             use
             to
             resort
             to
             ,
             except
             Sir
             
               John
               Friend
            
             ;
             which
             makes
             it
             probable
             (
             this
             being
             a
             House
             that
             Sir
             
               John
               Friend
            
             frequented
             and
             none
             of
             the
             others
             )
             that
             He
             bespoke
             this
             place
             ,
             and
             brought
             the
             rest
             thither
             :
             And
             if
             it
             were
             so
             ,
             that
             makes
             it
             more
             probable
             that
             there
             was
             such
             a
             Treason
             there
             to
             be
             hatch'd
             ,
             as
             is
             evidenced
             by
             the
             King's
             Witnesses
             ;
             for
             you
             may
             remember
             ,
             and
             it
             appears
             by
             the
             Record
             in
             this
             Court
             ,
             that
             Sir
             
               John
               Friend
            
             was
             indicted
             and
             attainted
             (
             not
             for
             the
             Assassination
             ,
             but
             )
             for
             the
             Treason
             for
             which
             the
             Prisoner
             is
             now
             a
             trying
             ,
             an
             Invasion
             that
             was
             to
             be
             supported
             with
             an
             Insurrection
             .
             Now
             if
             Sir
             
               John
               Friend
            
             was
             chiefly
             acquainted
             with
             this
             House
             ,
             and
             brought
             this
             Company
             together
             ,
             it
             is
             very
             probable
             it
             was
             about
             this
             business
             which
             Sir
             
               J.
               Friend
            
             was
             so
             concerned
             in
             .
             And
             that
             he
             is
             Attainted
             for
             it
             ,
             appears
             upon
             the
             Record
             before
             us
             ;
             which
             should
             be
             read
             ,
             but
             that
             the
             Prisoners
             Counsel
             admit
             it
             ,
             and
             are
             so
             far
             satisfied
             in
             it
             ,
             that
             they
             won't
             Arraign
             the
             Verdict
             ;
             nay
             ,
             they
             did
             acknowledge
             that
             there
             was
             a
             Plot
             ;
             and
             there
             was
             no
             doubt
             of
             it
             ,
             there
             was
             such
             a
             Plot.
             
          
           
             Now
             then
             Gentlemen
             ,
             here
             it
             is
             certainly
             proved
             by
             these
             two
             Witnesses
             ,
             (
             and
             not
             gainsaid
             by
             the
             Prisoners
             own
             Witnesses
             ,
             )
             that
             there
             was
             such
             a
             Meeting
             ,
             and
             that
             the
             Prisoner
             was
             there
             ;
             and
             they
             both
             have
             positively
             Sworn
             that
             this
             Treason
             was
             committed
             there
             .
             You
             have
             heard
             what
             has
             been
             objected
             to
             their
             Credit
             ;
             they
             have
             delivered
             their
             Testimony
             upon
             their
             Oaths
             ;
             and
             so
             ,
             Gentlemen
             ,
             are
             you
             upon
             your
             Oaths
             :
             If
             you
             are
             satisfied
             ,
             and
             can
             take
             it
             upon
             your
             Consciences
             that
             these
             two
             Witnesses
             are
             ,
             or
             any
             one
             of
             them
             is
             ,
             forsworn
             (
             if
             such
             distinction
             can
             possibly
             be
             made
             in
             this
             case
             )
             then
             you
             are
             to
             acquit
             the
             Prisoner
             ;
             but
             if
             you
             are
             satisfied
             ,
             and
             think
             they
             have
             sworn
             true
             ,
             you
             are
             to
             find
             him
             Guilty
             .
          
        
         
           
             Mr.
             J.
             Rokeby
             .
          
           
             Nay
             ,
             if
             one
             be
             forsworn
             both
             are
             ;
             for
             the
             Evidence
             is
             entirely
             in
             all
             parts
             the
             same
             ;
             and
             if
             Mr.
             Goodman
             be
             perjured
             ,
             Mr.
             Porter
             is
             so
             too
             .
          
        
         
           
             Sir
             B.
             Shower
             .
          
           
             Forsworn
             and
             Perjured
             are
             hard
             words
             ;
             we
             only
             say
             mistaken
             .
          
        
         
           
             Mr.
             J.
             Rokeby
             .
          
           
             Well
             ,
             that
             Objection
             goes
             to
             one
             as
             well
             as
             t'other
             .
          
        
         
           
             L.
             C.
             J.
             Treby
             .
          
           
             It
             must
             be
             so
             ,
             since
             they
             speak
             of
             the
             same
             joint
             matter
             ,
             viz.
             their
             being
             together
             in
             Company
             .
             If
             Mr.
             Porter
             says
             true
             when
             he
             swears
             that
             Mr.
             Goodman
             was
             there
             with
             him
             and
             the
             rest
             ,
             Mr.
             Goodman
             must
             say
             true
             when
             he
             swears
             that
             he
             was
             there
             with
             Mr.
             Porter
             and
             the
             rest
             .
             There
             was
             one
             thing
             that
             I
             forgot
             :
             Sir
             
               B.
               Shower
            
             observed
             ,
             that
             it
             might
             be
             an
             Invention
             of
             Captain
             Porter
             ,
             because
             he
             fixeth
             it
             in
             point
             of
             time
             to
             the
             Month
             of
             May
             ,
             that
             he
             does
             not
             say
             it
             was
             in
             April
             ;
             for
             that
             then
             it
             would
             be
             within
             the
             Pardon
             ,
             which
             extends
             to
             April
             29.
             last
             year
             ;
             nor
             would
             he
             lay
             it
             in
             June
             ,
             for
             then
             he
             was
             in
             Newgate
             ,
             and
             others
             of
             them
             were
             disperst
             by
             reason
             of
             a
             Riot
             committed
             in
             Drury-lane
             ;
             and
             so
             there
             was
             no
             Month
             left
             but
             May
             :
             And
             this
             Sir
             
               B.
               Shower
            
             alledges
             ,
             was
             a
             piece
             of
             Skill
             and
             Contrivance
             .
             But
             ,
             really
             ,
             this
             is
             a
             piece
             of
             Ingenuity
             in
             himself
             .
             For
             ,
             besides
             that
             the
             King's
             Witnesses
             affirm
             positively
             that
             it
             was
             in
             May
             ,
             and
             remember
             it
             by
             a
             certain
             token
             ,
             viz.
             That
             it
             was
             within
             a
             very
             few
             days
             after
             the
             King
             went
             
               beyond
               Sea
            
             ,
             one
             or
             two
             of
             the
             
             Prisoner's
             Witnesses
             
               (
               Crawford
            
             I
             am
             sure
             )
             did
             say
             that
             this
             Meeting
             was
             this
             time
             twelve-month
             ,
             and
             you
             know
             we
             are
             now
             near
             mid
             -
             May.
             
          
        
         
           
           
             Mr.
             Serjeant
             Darnall
             .
          
           
             If
             you
             believe
             our
             Drawers
             for
             part
             ,
             you
             must
             believe
             them
             for
             all
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             No
             ,
             not
             so
             :
             My
             Lord
             speaks
             only
             where
             they
             concur
             with
             our
             Evidence
             .
             It
             were
             strange
             to
             expect
             we
             should
             disbelieve
             or
             doubt
             what
             the
             Witnesses
             on
             both
             sides
             affirm
             to
             be
             true
             :
             But
             ,
             I
             do
             not
             think
             it
             would
             be
             to
             the
             Advantage
             of
             the
             Prisoner
             ,
             if
             what
             his
             Counsel
             proposeth
             were
             agreed
             to
             ,
             viz.
             that
             the
             Drawers
             (
             and
             their
             Master
             too
             )
             should
             be
             believed
             for
             All
             they
             say
             ,
             provided
             equally
             that
             the
             King's
             Witnesses
             should
             ,
             in
             like
             manner
             ,
             be
             believ'd
             for
             what
             they
             say
             .
             For
             ,
             the
             main
             thing
             controverted
             is
             ,
             whether
             Mr.
             Goodman
             were
             at
             this
             Meeting
             .
             These
             Witnesses
             for
             the
             Prisoner
             say
             ,
             they
             did
             not
             see
             him
             there
             ;
             at
             least
             they
             do
             not
             remember
             it
             .
             Mr.
             Porter
             and
             Mr.
             Goodman
             himself
             say
             ,
             he
             was
             there
             .
             Now
             ,
             these
             things
             agreed
             ,
             and
             admitted
             ,
             would
             make
             a
             very
             consistent
             clear
             Evidence
             ,
             that
             Mr.
             Goodman
             was
             there
             ,
             though
             the
             Master
             and
             Drawers
             did
             not
             observe
             ,
             or
             do
             not
             remember
             his
             being
             there
             .
          
        
         
           Then
           an
           Officer
           was
           sworn
           to
           keep
           the
           Jury
           ,
           who
           withdrew
           to
           consider
           of
           their
           Verdict
           ,
           and
           about
           three
           quarters
           of
           an
           Hour
           after
           they
           returned
           into
           Court.
           
        
         
           
             Cl.
             of
             Arr.
             
          
           
             Gentlemen
             ,
             answer
             to
             your
             Names
             :
             
               Henry
               Sherbrook
            
             .
          
        
         
           
             Mr.
             Sherbrook
             .
          
           
             Here
             :
             And
             so
             of
             the
             rest
             ,
             &c.
             
          
        
         
           
             Cl.
             of
             Arr.
             
          
           
             Are
             you
             all
             agreed
             of
             your
             Verdict
             ?
          
        
         
           
             Jury
             .
          
           
             Yes
             .
          
        
         
           
             Cl.
             of
             Arr.
             
          
           
             Who
             shall
             say
             for
             you
             ?
          
        
         
           
             Jury
             .
          
           
             Our
             Foreman
             .
          
        
         
           
             Cl.
             of
             Arr.
             
          
           
             Set
             
               Peter
               Cook
            
             to
             the
             Bar
          
        
         
           (
           which
           was
           done
           )
        
         
           
             
               Peter
               Cook
            
             hold
             up
             thy
             Hand
          
        
         
           (
           which
           he
           did
           )
        
         
           
             Look
             upon
             the
             Prisoner
             ,
             how
             say
             you
             ,
             is
             he
             guilty
             of
             the
             High
             Treason
             whereof
             he
             stands
             Indicted
             ,
             or
             not
             guilty
             ?
          
        
         
           
             Foreman
             .
          
           
             Guilty
             .
          
        
         
           
             Cl.
             of
             Arr.
             
          
           
             What
             Goods
             or
             Chattels
             ,
             Lands
             or
             Tenements
             had
             he
             at
             the
             time
             of
             the
             Treason
             committed
             ,
             or
             at
             any
             time
             since
             ?
          
        
         
           
             Foreman
             .
          
           
             None
             to
             our
             Knowledge
             .
          
        
         
           
             Cl.
             of
             Arr.
             
          
           
             Then
             hearken
             to
             your
             Verdict
             as
             the
             Court
             has
             recorded
             it
             :
             You
             say
             that
             
               Peter
               Cook
            
             is
             guilty
             of
             the
             High
             Treason
             whereof
             he
             stands
             indicted
             ,
             but
             that
             he
             had
             no
             Goods
             or
             Chattels
             ,
             Lands
             or
             Tenements
             at
             the
             time
             of
             the
             High
             Treason
             committed
             ,
             or
             at
             any
             time
             since
             to
             your
             Knowledge
             ,
             and
             so
             you
             say
             all
             .
          
        
         
           
             Jury
             .
          
           
             Yes
             .
          
        
         
           
             Cl.
             of
             Arr.
             
          
           
             Gentlemen
             ,
             the
             Court
             dismisses
             you
             ,
             and
             thanks
             you
             for
             your
             Service
             .
          
        
         
           Then
           the
           Court
           adjourned
           till
           5
           a-Clock
           in
           the
           Evening
           .
        
         
           
             Post
             Meridiem
          
           .
        
         
           About
           six
           a-Clock
           ,
           the
           Court
           being
           ,
           by
           Proclamation
           ,
           Resum'd
           ,
           the
           Prisoner
           convicted
           was
           brought
           to
           the
           Bar
           ,
           in
           order
           to
           Judgment
           .
        
         
           
             Cl.
             of
             Arr.
             
          
           
             
               Peter
               Cook
            
             ,
             hold
             up
             thy
             Hand
             (
             which
             he
             did
             )
             thou
             stand'st
             convicted
             of
             High
             Treason
             ,
             for
             compassing
             and
             imagining
             the
             Death
             of
             his
             Majesty
             King
             William
             the
             Third
             ,
             and
             for
             adhering
             to
             the
             King's
             Enemies
             ;
             what
             canst
             thou
             say
             for
             thy self
             ,
             why
             the
             Court
             should
             not
             give
             thee
             Judgment
             to
             dye
             according
             to
             the
             Law
             ?
          
        
         
           
             Cook.
             
          
           
             My
             Lord
             Mayor
             ,
             my
             Eyes
             are
             very
             bad
             ,
             therefore
             I
             desire
             your
             Lordship
             would
             be
             pleased
             to
             take
             this
             Paper
             ,
             and
             that
             it
             may
             be
             read
             .
          
        
         
           
             Cl.
             of
             Arr.
             
          
           
             Have
             you
             any
             thing
             to
             say
             in
             Arrest
             of
             Judgment
             ?
          
        
         
           
             Cook.
             
          
           
             I
             desire
             my
             Paper
             may
             be
             read
             .
          
        
         
         
           [
           It
           was
           handed
           up
           to
           the
           Court
           ,
           and
           then
           delivered
           down
           to
           Mr.
           Att.
           General
           and
           the
           King's
           Counsel
           ,
           but
           not
           openly
           read
           .
           ]
        
         
           
             Mr.
             Recorder
             .
          
           
             Mr.
             Cook
             ,
             the
             Court
             have
             read
             your
             Paper
             you
             sent
             up
             ,
             and
             have
             communicated
             it
             to
             the
             King's
             Counsel
             ;
             if
             you
             have
             any
             thing
             to
             move
             in
             Arrest
             of
             Judgment
             ,
             this
             is
             your
             time
             ,
             and
             we
             will
             hear
             you
             ,
             but
             as
             for
             any
             Representation
             of
             your
             Case
             to
             any
             others
             ,
             that
             must
             be
             considered
             of
             afterwards
             ,
             you
             are
             now
             called
             to
             your
             Judgment
             .
          
        
         
           
             Cook.
             
          
           
             I
             did
             not
             know
             that
             I
             might
             offer
             any
             thing
             afterwards
             ,
             but
             if
             your
             Lordships
             think
             fit
             to
             communicate
             that
             to
             my
             Lords
             Justices
             ,
             I
             submit
             it
             to
             you
             .
          
        
         
           
             Mr.
             Recorder
             .
          
           
             Mr.
             Cook
             ,
             there
             is
             nothing
             appears
             upon
             this
             Paper
             that
             is
             matter
             of
             Law
             ,
             and
             so
             not
             serviceable
             to
             you
             now
             ,
             and
             therefore
             what
             you
             desire
             in
             it
             ,
             the
             Court
             will
             consider
             of
             afterwards
             .
          
        
         
           
             Cook.
             
          
           
             I
             do
             not
             understand
             the
             Law
             ,
             my
             Lord
             ,
             but
             I
             have
             heard
             the
             Court
             ought
             to
             be
             of
             Counsel
             for
             the
             Prisoner
             ,
             and
             I
             desire
             I
             may
             not
             suffer
             by
             my
             Ignorance
             .
          
        
         
           
             Mr.
             Recorder
             .
          
           
             I
             declare
             it
             ,
             for
             my
             part
             ,
             I
             know
             nothing
             that
             you
             can
             have
             any
             Advantage
             of
             in
             Arrest
             of
             Judgment
             ;
             if
             I
             did
             ,
             you
             should
             not
             lose
             the
             Benefit
             of
             it
             ,
             and
             you
             have
             had
             your
             Counsel
             assigned
             ,
             who
             have
             pleaded
             for
             you
             without
             restraint
             ;
             and
             if
             there
             had
             been
             any
             matter
             of
             Law
             that
             would
             have
             availed
             you
             in
             Arrest
             of
             Judgment
             ,
             no
             doubt
             ,
             they
             would
             have
             laid
             hold
             of
             that
             Advantage
             for
             you
             .
          
        
         
           
             Cook.
             
          
           
             I
             can't
             tell
             ,
             my
             Lord
             ,
             what
             is
             matter
             of
             Law.
             
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             Your
             Lordship
             observes
             ,
             they
             took
             all
             the
             Objections
             that
             they
             could
             to
             the
             Indictment
             ,
             but
             there
             was
             none
             that
             they
             could
             fix
             .
          
        
         
           
             Cl.
             of
             Arr.
             
          
           
             Then
             Cryer
             make
             Proclamation
             .
          
        
         
           (
           Which
           was
           done
           on
           both
           sides
           of
           the
           Court.
           )
        
         
           
             Cryer
             .
          
           
             Oyez
             ,
             All
             manner
             of
             Persons
             are
             commanded
             to
             keep
             silence
             while
             Judgment
             is
             in
             giving
             ,
             upon
             pain
             of
             Imprisonment
             .
          
        
         
           
             Cook.
             
          
           
             My
             Lord
             ,
             may
             I
             have
             my
             Paper
             again
             ?
          
        
         
           
             Mr.
             Recorder
             .
          
           
             If
             you
             think
             it
             may
             be
             of
             any
             Service
             to
             you
             to
             leave
             it
             with
             the
             Court
             ,
             you
             may
             do
             so
             ;
             or
             if
             you
             desire
             it
             ,
             you
             shall
             have
             it
             again
             .
          
        
         
           
             Cook.
             
          
           
             I
             desire
             your
             Lordship
             to
             keep
             it
             .
          
        
         
           
             Mr.
             Recorder
             .
          
           
             I
             will
             receive
             it
             ,
             and
             it
             shall
             not
             be
             buryed
             ,
             I
             assure
             you
             .
          
        
         
           
             Cook.
             
          
           
             I
             don't
             hear
             what
             the
             Court
             says
             .
          
        
         
           
             Mr.
             Recorder
             .
          
           
             You
             say
             you
             did
             not
             hear
             what
             was
             said
             to
             you
             :
             If
             you
             desire
             to
             have
             your
             Paper
             again
             ,
             you
             shall
             have
             it
             ,
             but
             if
             you
             desire
             to
             have
             it
             communicated
             above
             ,
             the
             Court
             will
             consider
             it
             ,
             and
             take
             care
             of
             that
             too
             .
          
        
         
           
             Cook.
             
          
           
             I
             desire
             your
             Lordship
             wou'd
             do
             it
             .
          
        
         
           Then
           the
           Recorder
           proceeded
           to
           give
           Judgment
           thus
           .
        
         
           
             Mr.
             Cook
             ,
             I
             think
             it
             useful
             to
             the
             publick
             ,
             and
             also
             at
             this
             time
             to
             you
             ,
             to
             observe
             ,
             that
             the
             Reign
             of
             the
             late
             King
             James
             ,
             was
             throughout
             ,
             one
             intire
             Design
             and
             Project
             form'd
             in
             Conjunction
             with
             the
             French
             King
             ,
             totally
             to
             subvert
             our
             Religion
             ,
             Laws
             ,
             and
             Liberties
             ,
             which
             grew
             so
             apparent
             to
             the
             Subjects
             of
             these
             Nations
             ,
             in
             so
             many
             Instances
             of
             fatal
             Consequence
             ,
             manag'd
             in
             such
             a
             Method
             ,
             and
             advanc'd
             so
             far
             ,
             that
             the
             People
             of
             these
             Kingdoms
             ,
             of
             all
             Qualities
             ,
             Ranks
             ,
             and
             Degrees
             ,
             did
             find
             it
             absolutely
             necessary
             for
             the
             Preservation
             of
             themselves
             and
             the
             neighbour
             Nations
             now
             in
             Alliance
             with
             us
             ,
             to
             pray
             in
             Aid
             of
             the
             then
             Prince
             of
             Orange
             ,
             as
             a
             Person
             ,
             not
             only
             nearly
             allied
             to
             this
             Crown
             ;
             but
             also
             intirely
             in
             the
             Interest
             of
             these
             Kingdoms
             ,
             and
             those
             neighbouring
             Princes
             ,
             and
             Countries
             that
             lay
             exposed
             to
             the
             Violence
             and
             ambitious
             Insults
             of
             France
             .
             And
             the
             Love
             which
             that
             noble
             Prince
             did
             bear
             ,
             not
             only
             to
             us
             ,
             but
             to
             our
             Neighbours
             also
             ,
             disposed
             him
             to
             embrace
             that
             Invitation
             ,
             upon
             whose
             Arrival
             here
             ,
             that
             Predecessor
             ,
             from
             Motives
             that
             were
             invisible
             ,
             declin'd
             the
             Kingdom
             and
             the
             Government
             ;
             and
             left
             the
             People
             to
             
             themselves
             ;
             whereupon
             his
             present
             Majesty
             was
             necessarily
             and
             rightfully
             placed
             upon
             that
             Throne
             he
             so
             well
             deserv'd
             :
             And
             this
             is
             now
             that
             King
             ,
             for
             whose
             Preservation
             all
             good
             People
             have
             associated
             ,
             and
             spare
             neither
             Lives
             nor
             Treasure
             to
             support
             and
             to
             continue
             in
             the
             Government
             ;
             and
             this
             is
             that
             King
             whom
             you
             have
             Traiterously
             conspired
             ,
             not
             only
             to
             dethrone
             ,
             but
             also
             to
             destroy
             ;
             and
             this
             is
             that
             People
             that
             you
             would
             have
             to
             swim
             in
             Blood
             ,
             and
             lose
             their
             Religion
             ,
             Liberty
             ,
             and
             Property
             .
             These
             Matters
             need
             a
             History
             to
             relate
             at
             large
             ,
             I
             only
             touch
             them
             shortly
             ,
             to
             move
             good
             Men
             to
             rejoyce
             in
             their
             Deliverance
             ,
             and
             to
             move
             you
             seriously
             to
             reflect
             upon
             the
             Heinousness
             of
             your
             Crime
             .
          
           
             Mr.
             Cook
             ,
             you
             are
             an
             English
             Man
             ,
             and
             must
             needs
             know
             ,
             that
             in
             this
             Place
             we
             frequently
             condemn
             to
             Death
             Clippers
             ,
             Coiners
             ,
             Thieves
             and
             Robbers
             ,
             and
             other
             such
             like
             Criminals
             ,
             and
             that
             justly
             and
             necessarily
             too
             ,
             for
             the
             Preservation
             of
             the
             Innocent
             ,
             and
             for
             the
             common
             Good.
             Of
             what
             Condemnation
             must
             you
             ,
             and
             such
             as
             you
             ,
             be
             worthy
             then
             ,
             who
             have
             so
             horridly
             endeavour'd
             and
             design'd
             the
             fatal
             Ruin
             and
             Destruction
             of
             your
             own
             native
             Country
             ,
             and
             to
             render
             your
             fellow
             Subjects
             a
             miserable
             Prey
             ,
             and
             at
             the
             best
             to
             become
             Slaves
             and
             Vassals
             to
             a
             foreign
             Prince
             ?
          
           
             Let
             me
             also
             mind
             you
             ,
             That
             nothing
             is
             more
             sure
             ,
             than
             that
             after
             this
             ,
             you
             must
             receive
             a
             Judgment
             in
             another
             World
             ;
             and
             if
             that
             pass
             against
             you
             too
             ,
             that
             Sentence
             will
             be
             most
             terrible
             ,
             and
             your
             Sufferings
             without
             End
             :
             And
             therefore
             I
             do
             advise
             you
             to
             imploy
             the
             few
             Days
             you
             have
             yet
             to
             live
             ,
             in
             Preparation
             for
             your
             future
             Happiness
             ,
             which
             cannot
             be
             duly
             done
             without
             a
             full
             Confession
             of
             this
             ,
             as
             well
             as
             other
             Crimes
             you
             have
             been
             guilty
             of
             ;
             I
             therefore
             charge
             it
             to
             you
             ,
             as
             your
             Duty
             ,
             and
             leave
             it
             with
             you
             at
             your
             utmost
             Peril
             ,
             that
             you
             honestly
             and
             faithfully
             discover
             all
             you
             know
             of
             this
             inhuman
             and
             traiterous
             Conspiracy
             ,
             and
             all
             the
             Persons
             that
             you
             do
             know
             to
             be
             guilty
             of
             it
             :
             This
             will
             be
             the
             greatest
             Service
             you
             can
             do
             in
             this
             World
             ,
             and
             will
             be
             the
             best
             Preparatory
             Step
             that
             you
             can
             take
             towards
             a
             better
             .
             And
             ,
          
           
             Sir
             ,
             there
             now
             remains
             no
             more
             for
             me
             to
             say
             ,
             but
             to
             pronounce
             that
             Sentence
             on
             you
             which
             the
             Law
             directs
             .
             And
             that
             is
             this
             ,
          
           
             
               THat
               you
               ,
               
                 Peter
                 Cook
              
               ,
               be
               taken
               hence
               to
               the
               Place
               from
               whence
               you
               came
               ;
               and
               thence
               be
               drawn
               upon
               a
               Hurdle
               to
               the
               Place
               of
               Execution
               ,
               where
               you
               are
               to
               be
               hang'd
               by
               the
               Neck
               ,
               and
               cut
               down
               before
               you
               be
               dead
               ;
               that
               your
               Bowels
               be
               taken
               out
               ,
               and
               your
               Privy
               Members
               cut
               from
               your
               Body
               ,
               and
               both
               burnt
               in
               your
               Sight
               ▪
               That
               your
               Head
               be
               cut
               off
               ,
               and
               your
               Body
               divided
               into
               four
               Quarters
               ,
               which
               Head
               and
               Quarters
               are
               to
               be
               at
               the
               King's
               Disposal
               ;
               and
               God
               Allmighty
               have
               Mercy
               upon
               your
               Soul.
               
            
          
        
         
           
             Cook.
             
          
           
             I
             beg
             ,
             if
             your
             Lordship
             please
             ,
             that
             I
             may
             have
             my
             Relations
             and
             Friends
             come
             to
             see
             me
             ,
             and
             some
             Divines
             ,
             the
             better
             to
             prepare
             me
             for
             another
             World.
             
          
        
         
           
             Mr.
             Recorder
             .
          
           
             Mr.
             Cook
             ,
             if
             you
             'll
             give
             the
             Names
             of
             those
             that
             you
             would
             have
             come
             to
             you
             ,
             to
             the
             Officer
             ,
             Care
             shall
             be
             taken
             in
             it
             ;
             and
             you
             will
             not
             be
             denyed
             any
             reasonable
             Helps
             that
             may
             be
             had
             for
             your
             Preparation
             for
             Eternity
             .
          
        
         
           
             Mr.
             Att.
             Gen.
             
          
           
             It
             is
             not
             fit
             he
             should
             be
             deny'd
             any
             reasonable
             Help
             ;
             but
             in
             the
             mean
             time
             there
             is
             reason
             for
             the
             Government
             to
             be
             cautious
             ,
             upon
             the
             account
             of
             what
             has
             notoriously
             past
             in
             the
             Case
             of
             some
             others
             .
          
        
         
           
             Mr.
             Recorder
             ,
          
           
             If
             he
             give
             in
             the
             Names
             ,
             it
             will
             be
             considered
             of
             ,
             and
             Care
             taken
             that
             nothing
             be
             done
             ,
             but
             what
             is
             reasonable
             ,
             and
             safe
             .
          
        
         
           Then
           the
           Prisoner
           was
           taken
           from
           the
           Bar
           ,
           and
           the
           Court
           proceeded
           to
           what
           was
           remaining
           of
           the
           Business
           of
           the
           Sessions
           .
        
      
       
         FINIS
         .
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A25874-e10270
           
             
             Rookwood's
             Tryal
             4.
             13.
             
          
        
      
    
  

