see and observe the Conveniency and Fitness of the same place for such lying in Wait Assassination and Killing there to be done perpetrated and committed and that place being so viewed and observed afterwards to wit the same day and year his Observations thereof to several of the said Traitors and Conspirators did relate and impart to wit at the Parish aforesaid in the County aforesaid and the aforesaid Charles Cranburn the same Day and Year there in order the same execrable horrid and detestable Assassination and Killing of our said Lord the King by the Traitors and Conspirators aforesaid the more readily and boldly to execute perpetrate and commit advisedly knowingly and traiterously did bear and carry among divers of those Traitors and Conspirators forwards and backwards from some to others of them a List of the Names of divers men of those who were design'd and appointed our said Lord the King so as aforesaid by lying in Wait to kill and murder against the Duty of the Allegiance of them the said Christopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn and against the Peace of our said Soveraign Lord the King that now is his Crown and Dignity as also against the form of the Statute in such Case made and provided Upon this Indictment he has been arraigned and thereunto hath pleaded Not Guilty and for his Trial hath put himself upon God and the Country which Country you are your Charge is to inquire whether he be Guilty of the High Treason whereof he stands indicted or Not Guilty if you find him Guilty you are to inquire what Goods or Chattels Lands or Tenements he had at the time of the High Treason committed or at any time since to your Knowledge If you find him Not Guilty you are to inquire whether he fled for it if you find he fled for it you are to inquire of his Goods and Chattels as as if you had found him Guilty if you find him Not Guilty and that he did not fly for it you are to say so and no more and hear your Evidence Mr. Mountague May it please your Lordship and you Gentlemen of the Jury this is an Indictment of High Treason against Robert Lowick Prisoner at the Bar and the Indictment does charge him with compassing and imagining the Death of the King and endeavouring to subvert the Government and inslave this Kingdom of England and bring it under French Tyranny and Slavery and the Indictment sets forth that Robert Lowick the Prisoner at the Bar the Tenth of February met several false Traitors and there consulted and treated how to assassinate his Majesty and agreed that 40 Horsemen to get together some to attack the Guards while others were to assassinate the King in his Coach and the Indictment charges him likewise with getting together Horses and Arms for this purpose to this he hath pleaded Not Guilty We will call our Evidence and prove the Fact against him and we do not doubt but you will do your Duty Mr. Attorn Gen. May it please your Lordship and you Gentlemen that are sworn this is an Indictment of High Treason in conspiring and compassing the Death and Destruction of the King the nature of our Evidence against the Prisoner at the Bar. You will hear Gentlemen by the Witnesses that about Christmas last a Conspiracy and Design was set on foot to assassinate the King and accordingly to accomplish it there were several persons sent over from France by the late King James who were part of his Guards and particularly Sir George Barclay was to be the Head of them he was a Lieutenant of the Guards there and he was sent over in January last and there were a great many Troopers sent over who were to be under his Direction particularly Mr. Harris who will give you an account that he was sent over by order of King James and he was told particularly King James had a Service for him to do in England and he hop'd it might be an opportunity to advance him He was to observe the Orders of Sir George Barclay and by what Token he should know him he was to meet him in Covent Garden and he was told he might find him there twice a week in the Square about six a Clock after it was dark and that he might know him he told him he would have his White Handerchief hanging out of his Pocket accordingly Mr. Harris came over and Mr. Hare came with him and they came and did meet with Sir George Barclay and they together with Sir George Barclay and several others here in England Mr. Porter Mr. Charnock and Sir William Parkyns did enter into Consultation how to effect it there were several Meetings about it and you will find the Prisoner at the Bar was at several Meetings to that purpose and they did undertake among them to provide so many Men as might make about the Number of 40 which they thought sufficient for the execuion of this Design Gentlemen you will hear that the Prisoner at the Bar did treat with several persons to be ingaged in it particularly about the 5th of February he sent to one Bertram and askt him if he would be ingaged in a Design for King James's Service that was quickly to be executed without asking of Questions and afterwards I think he undertook he would so about the 14th February he met him again and that was the day before the first time they intended to attack the King and then being so near the time when it was to be executed he thought it proper to acquaint him with the thing he had ingag'd him in and he did acquaint him that the next morning they were to be ready to attack the King and his Guards and bid him be sure to get his Boots and other things ready for that purpose and he gave him a Guinea in order to it Bertram it seems on the 15th of February did not come and the King it seems did not go abroad that day so they were disappointed at that time but the Sunday after Bertram met him and Mr. Lowick complained that he had not come upon the Saturday according as he had undertaken and he told him it would have been the same thing he would have disappointed them if the King had been in the Field Gentlemen you shall find that as he thus engaged Mr. Bertram so he was to provide several others and he did declare that at his own Charge he had got 2 or 3 he complained of it as a Hardship put upon him that whereas Mr. Harris had 6 s. a day Subsistance and was only to take care of himself he Mr. Lowick had at his own Charges ingaged and provided several You will find Gentlemen that Mr. Rookwood who was tried Yesterday had several Meetings about it with Mr. Lowick and Mr. Harris they did think it to be a barbarous thing but however they were resolved to obey Orders and the Prisoner in particular said he wou'd
the Beginning of January Sir George Barclay did come over from France from the late King James to whom he was an Officer in his Guards with a Commission for attacking the Prince of Orange or levying War upon his Person He came over about that time and several Troopers of the late King James's Guards to assist him in that barbarous Conspiracy When Sir George Barclay came over he did acquaint with this Design several Persons in England that he thought proper to be Accomplices with him in it particularly Capt. Porter Mr. Chernock Sir William Parkyns and several others whose Names you will hear of and they had several Meetings about it the Beginning of February at Capt. Porter's Lodgings at the Nagg's Head in Covent-Garden at the Sun Tavern in the Strand at the Globe Tavern in Hatton-Garden and several other Places where they consulted in what manner they might attempt and accomplish this Bloody Design Gentlemen you will hear that at these Meetings it was propos'd that they should do it by Ambuscade as the King came from Richmond a Hunting whither he used to go upon Saturdays Others were for doing it on this side the Water And so their Opinions being divided it was thought necessary to find out and settle which was the best Place and in order thereunto they employ'd Capt. Porter Mr. Knightly and Mr. King who was executed to view the Ground and accordingly they went and pitch'd upon the Lane between Brentford and Turnam Green for this purpose as the most convenient Place And having so done they came back and gave an Account to those that had appointed to meet 'em to hear the Success of their Expedition to the Nagg's Head in Covent-Garden and in that Place you will find by the Evidence that those Persons who were the Heads of the Conspiracy undertook to find their several Proportions of Men for whom they would undertake that would go with them and be concern'd in this Design Sir George Barclay was to furnish about 20. He had the Command of the Troopers that came from France and those other Officers that came thence were under him Capt. Porter was to furnish 7 Chernock was to furnish 8 Sir William Parkyns was to furnish 5 Horses and 3 Men and I think Lowick was to furnish some more In the whole Number they reckon'd there should be about 40. It will appear Gentlemen that the Prisoner at the Bar Mr. Cranburn was one of the Men that Capt. Porter undertook to get and engage in this Design and accordingly Capt. Porter did acquaint Mr. Cranburn with it and he did undertake to be one and to be ready to go with him and be concerned in this Assassination You will find he was acquainted with it about the 14th of February the Day before the first time that they intended to assault the King Then he did undertake and agree to prepare himself against the next Day The next Day which was the 15th of February they had several Meetings and they were making Preparation in order to go out It happen'd by great Providence his Majesty did not go abroad that Day and thereupon they dispers'd themselves but they had Meetings afterwards at which Meetings the Prisoner was present with Capt. Porter Mr. Pendergrass La Rue and several others that were concerned in the Conspiracy particularly the 21st of February the Day before the second time they were to have put this in Execution Capt. Porter being at the Sun-Tavern with several other Gentlemen and they resolving to have it executed the next Day if the King went abroad Capt. Porter sent for Cranburn and Keys that was executed and Kendrick and Sherborn four of those that he had undertaken for of whom I say Cranburne the Prifoner at the Bar was one and then he acquainted 'em that they were resolv'd to go on with it the next Day And then they agreed to be in a readiness accordingly The next Day the Prisoner with some others met at Mr. Porter's where they were preparing to go out and attack the King and they had several Discourses about the Ways and and Means of doing it and particularly Capt. Porter at that time said that he had a very good Gun that held about 6 or 8 Bullets and that Mr. Pendergrass was to have who was to attack the Coach and shoot into the Coach Mr. Cranburne was there present at that time and Mr. Cranburne was employ'd particularly by Capt. Porter to carry a List that Porter writ of the Names of several Men that were to act in it under him and this he was to carry to Chernock Porter writ it and gave it him and he carry'd it with Directions to bring it back with the List of the Names of Mr. Chernock's Men. Cranburne did accordingly at that time carry the List of the Names to Capt. Chernock and brought it back with an additional List from Capt. Chernock of his Men. At that time you will hear farther when Cranburne brought the List he brought an Account that he heard the King did certainly go abroad for Mr. Chernock had Intelligence so from Chambers who lay at Kensington to get Intelligence At which there was very great rejoycing among all that were present at that time hoping they should have an Opportunity to put this execrable Design in Execution and so they prepar'd all of 'em to go out There were several Inns in Turnam Green and Brentford and thereabouts and they were to be plac'd two or three in an Inn that they might be ready to get together when time should serve It happen'd the King did not go abroad that Day neither there being some Discovery of this Design and so they did disperse themselves as apprehending it was discover'd Gentlemen it will appear by several Witnesses that the Prisoner at the Bar was engag'd in this Horrid Treasonable Design and was to have acted a Part in it We will call our Witnesses that will make the Particulars out to you and we do not question but you 'll do what is right First call Capt. Porter who was sworn Mr. Sol. Gen. Pray if you please Capt. Porter give the Court and the Jury an Account what you know of this wicked intended Assassination and what share the Prisoner at the Bar had in it Capt. Porter My Lord before this wicked Assassination was on foot the Prisoner at the Bar Mr. Cranburne was employ'd by me to buy Arms. I us'd to give him Money to go to the Brokers to buy Arms at second-hand and he brought a Sword-Cutler to me of whom I bought about 20 Swords And when Sir George Barclay came into England and this business was resolv'd upon I acquainted him with the Design and promis'd to mount him He never was at any of the Meetings with Capt. Chernock Sir George Barclay or Sir William Parkyns but he went to look for a Horse and was ready both Saturdays to go along with me On Saturday the 22d I sent him with a Message to Sir
obey Orders tho he thought it a very wicked thing Gentlemen you will find by the Evidence how the Matter was carried on the Prisoner was to be engaged in it and did not only imbarque himself in Person but engaged others and did treat with them about it We shall call our Witnesses who will give you a full account of it and then we shall leave it with you who we question not will do Justice First call George Harris who appeared and was sworn Mr. Sol. Gen. Pray will you give an account to my Lord and the Jury what you know of the intended Assassination and what part the Prisoner at the Bar had in it Mr. Conyers Begin from the first and tell your whole Knowledg as you did Yesterday Mr. Harris On the fourteenth of January New Stile I was ordered to wait King James at Dinner after Dinner was over I was called in where was Coll. Parker and Mr. Hare at the same time and King James told me he was very sensible of the good Service I had done him and now he had an opportunity of doing something for me I was to go into England and there to be subsisted and I was to follow the Orders of Sir George Barclay the King told me I shou'd find Sir George Barclay in Covent-Garden with a White Hanker cheif hanging out of his Pocket on Mondays and Thursdays between the Hours of six and seven in the Evening and that was the sign I was to know him by and he ordered me to go to Mr. Caroll that is Secretary to the late Queen and Coll. Parher went along with me and he ordered me ten Lewedóres and Mr. Hare as much which Mr. Caroll gave us and if that were not sufficient or if we were Wind-bound at Calice we had Orders to apply to the President of Calice to be furnish'd with what we wanted Accordingly we went and the Wind not serving when we came to Calice we were forc'd to stay there and our Charges were paid to our Landlady by the President of Calice according to the Order we received at St. Germains when the Wind served fair we went on Board and came to Rumney-Marsh to one Mr. Hunt's House and from thence he furnish'd us with a Couple of Horses and we came the Sandy-way to one Mr. Tucker's and from thence to Mr. Cross's and from thence to Graves-end and from thence to London We came up in the Night-Tide and being late when we came to Town Sunday Night we lay at an Inn at the lower-end of Gracious-street the next Day we went to look for Sir George Barclay but not finding him in Covent-Garden according to what King James told us I admired at it but one Mr. Birkenhead meeting my Comrade the next day said Sir George Barclay desired to see us and appointed us to meet him which we did that Night where Sir George Barclay ask'd us how the King and Queen Prince and Princess did he told us at that time he had no Money for us but in a few Days we shou'd have Money and accordingly he sent us Money We had five Guineas but it was at twice two Guineas at one time and three at another and this was for a Months Subsistence at Five Shillings a Day Guineas going then at Thirty Shillings And afterwards when Major Holmes delivered the Horse upon Saturday the fifteenth we had another Guinea that made up what we had to be six Shillings a Day when we had Horses and five Shillings a Day when we had none and as for Mr. Lowick the first Saturday which was designed for the Assassination I happened to be at Mr. Counter's Lodgings in Holbourn a Confectioners and there I see Mr. Lowick come in Mr. Conyers Who Lodged there pray Sir Harris Sir George Barclay and Mr. Counter had Lodgings there and Mr. Lowick came in there but I cannot say he staid there any time I think he went out presently afterwards The next Week I met Mr. Lowick in Red-Lion-Fields and discoursed with him there about this Matter and I told him what a barbarous and inhumane thing it was that we shou'd be the Murderers of the Prince of Orange and that it wou'd render us odious to the World and that we should be a continual Reproach to our Selves he did agree it was so But in conclusion Mr. Lowick said he would obey Orders and he said Sir George Barclay he was sure wou'd not do it without Orders That Day when we were walking out we met Sir George Barclay and Major Holmes riding in the High-way up towards Islington and we spoke to him for Mr. Lowick told me the Thing was discovered and his Name was given up and other Gentlemens and I think another and so he told me that one Harrison had told him of it and forewarn'd him that Night from lying in his Lodging and he told him that he believed it wou'd not be safe for the rest to lye in their Lodgings or to that effect Mr. Att. Gen. When he said he wou'd obey Orders What was the Discourse about Harris We were talking of Murdering the Prince of Orange and not only that but I do believe that Mr. Lowick is so sensible that what I say is true and he is a Man of so much Conscience and Honour that he will not contradict any thing that I affirm or have said here On Saturday the Two and Twentieth we dined at the Castle a Tavern or a Cook 's Shop at the end of Red-Lyon-Street I was much in a Sweat and he ask'd me what made me so I told him I had been getting Captain Rookwood's Party ready and I told him laughing that Captain Rookwood said I shou'd be his Ayd du Camp and so I was getting the Men together says he to me you may very well do it for you have Six Shillings a day and I have nothing Mr. Lowick you know what I say to be true I know not why you lift up your hands but you did tell me I might very well do it having Six Shillings a day and you had nothing and yet brought a couple of Men at your own Charge and that their Horses could not be discharged unless you went These were his Words my Lord or to this effect Mr. Att. Gen. What do do mean by being discharged Harris I mean this that I believed he paid for them and they were waiting at a House till he came Mr. Conyers Why were they to be discharged that day Harris The Reason why they were to be discharged that day was because Captain Rookwood had told him before that the Prince of Orange did not go out that day and therefore we went together to walk towards Islington L. C. J. Holt. What day was that Harris The second Saturday that it was to have been executed I was not a Spy upon any Man's actions I cannot tell what they did any more than I tell you I do not wrong you any way in the World Sir I am sure on it
Ingage in a Business that might be for his Advantage and ask no Questions so at that time he did not acquaint him what the thing was but that shows it was a thing that was to be kept Secret at that time in regard he did not think fit to acquaint him at the first Instance But the Fourteenth of February when he met him again the day before the first time that it was to be put in Execution Bertram Swears he told him that they were to Ride out the next Morning that must be Lowick and Bertram for there was no Body else there and that the Prince of Orange was to be seized in his Coach Was it possible the Prisoner could be ignorant of it When he ingaged him to go upon a Design without asking Questions sent for him the day before acquainted him they were to Ride out the next Morning and that the King was to be seized in his Coach and bid him be ready against next Morning and gave him a Guinea at that time the Witness says it was for Necessaries but he does not pretend that it was for Charity as formerly And that must be for Necessaries for that purpose that they were then Discoursing of when he desired him to be ready the next day and gives him Mony to buy him Necessaries What can that be but Necessaries for what he was to be ready for And then he did not come the next day and he tells you why because he thought it a very wicked and unlawful thing and so he disappointed him and the next time Lowick Chid him and told him he would have served him so if the King had been in the Field This is plain though I believe Bertram does Speak as tenderly as he can being his Friend and old Acquaintance and is willing to say as little as he can of him so that I believe no body thinks but what Bertram says against the Prisoner is true and what he Swears is plain and positive To show that Lowick did ingage in the Design he acquainted him with it the Fourteenth by telling him the King was to be seized and they were to Ride out and he was to be ready the next day L. C. J. Holt. He does not say they were to Ride out the next day Sir B. Shower No the words were we are to Ride out suddenly Mr. Att. Gen. I think he did say they were to Ride out the next Morning L. C. J. Holt. No Call him in again Mr. Cowper The Words were we shall Ride out suddenly and bid him meet him next Morning and afterwards Chid him for not meeting accordingly and told him it had been the same thing if the King had been in the Field L. C. J. Holt. If you cannot agree upon the Evidence you must call in the Witness Mr. Mountague My Lord we are agreed upon the Evidence it was suddenly L. C. J. Holt. Well then there is no occasion have you done on both sides Counsel Yes my Lord we submit it to your Lordship L. C. J. Holt. Gentlemen of the Jury this Prisoner at the Bar Robert Lowick is Indicted of High Treason for Compassing and Imagining the Death and Destruction of the King by an Assassination you have heard what Evidence has been given upon this Indictment And in the first place It is proved to you that there was a Design to Assassinate the King which was to be carried on under the Conduct and Management of Sir George Barclay The Question that you are now to Consider of is whether the Prisoner at the Bar was concerned or ingaged in the Prosecution of that Design There have been two Witnesses produced who have given their Evidence and have been very strictly Examined and Observations have been made upon the Testimony they have given The first Witness is Mr. Harris and he gives you some account of the Original of this Design He tells you how he was at St. Germains and Introduced to the late King James who did express a great kindness for him and told him that he had an Opportunity of doing something for him that would be for his Advantage and that he and one Hare who was present at that time should go into England for it seems they were both together Introduced by Collonel Parker and should be Subsisted in England and thereupon Directions were given them what Course they were to take which was to go to Calice and to each of them ten Lewedores were given for their Charges and they were acquainted that if it happened that they should lie there so long for want of a Wind to bring them over hither that their Money was spent Provision should be made for their supply there They had farther Directions that when they came into England they should apply themselves to Sir George Barclay and follow his Orders with Instructions how to find him being told that Sir George Barclay would be walking in Covent Garden every Monday and every Thursday Night about the hours of six or seven a Clock and that they should know him by a White Handkerchief that was to hang out of his Pocket Mr. Harris further tells you That they did come to Calice in order to Embark for England and there they happened to stay a considerable time even so long that their Mony would not defray their Expences there and they found it true as it was promised them for the President of Calice paid the Reckoning for them at the place where they Lodged and afterwards they came into England and landed in Kent and came to Rochester and from thence to London About the latter end of January Old Stile for it should seem it was the 14. New Stile which is the 4. Old Stile they were of St. Germaines he tells you that he did go the first Monday after their arrival into Covent Garden to look after Sir George Barclay but then mist him But afterwards his Companion Mr. Hare met with one Berkenhead and complaining that they had not met with Sir George Barclay according to the Directions they had abroad whereupon by the means of Berkenhead they were brought to the Speech of Sir George Barclay who gave them reception and owned that he had Authority to Subsist them but said he had not then Mony but shortly should and when he had they should be sure to receive their Subsistence He tells you that after this Sir George Barclay gave them Subsistence Mony paying them at the Rate of five Shillings a day when they had no Horses and when they had six Shillings a day so they put themselves altogether under his Command and Conduct He has given you an Account what Discourse he had with Mr. Rookwood from whom he discovered what the Design was in which he was to be ingaged And the Design to Assassinate the King was first intended to be put in Execution on Saturday the 15. of February at which day Mr. Harris and others being at Sir George Barclay's Lodgings Sir George said they
June the 8th 1696. I Do appoint Samuel Heyrick and Isaac Cleave to Print the Tryals of Charles Cranburne and Robert Lowick and that no other person presume to Print the same I. Holt. THe Tryals of Charnock King and Keys as likewise of Sir John Friend and Sir William Parkyns and Ambrose Rookwood are all Printed and Sold by Samuel Heyrick and Isaac Cleave THE ARRAIGNMENTS TRYALS AND CONDEMNATIONS OF Charles Cranburne and Robert Lowick FOR THE Horrid and Execrable Conspiracy to Assassinate His Sacred Majesty King WILLIAM in order to a French Invasion of this Kingdom Who upon full Evidence were found Guilty of HIGH-TREASON BEFORE His Majesty's Justices of Oyer and Terminer at Westminster and Received Sentence the 22d of April 1696. And were Executed at Tyburn the 29th of the said Month. In which Tryals are contained All the Learned Arguments of the King's Councel and likewise the Councel for the Prisoners upon the New Act of Parliament for Regulating Tryals in Cases of Treason LONDON Printed for Samuel Heyrick at Grays-Inn-Gate in Holbourn and Isaac Cleave at the Star next to Sergeants-Inn in Chancery-lane M. DC XCVI Die Martis Vicesimo primo Die Aprilis Anno Domini 1696. Annoque Regni Regis Gulielmi Tertii Octavo At the Session of Oyer and Terminer for the County of Middlesex Sitting in the Court of King's-Bench at Westminster AFTER the Tryal of Ambrose Rookwood was over while the Jury were withdrawn to Consider of their Verdict the Court proceeded in this manner L. C. J. Holt. Mr. Attorney Who will you have tryed next Mr. Att. Gen. Cranburne if your Lordship pleases Cl. of Arr. Then Keeper of Newgate set Charles Cranburne to the Bar. L. C. J Holt. You Gentlemen that are of Council for the Prisoner if you have any thing to move for your Clyent you may move it but first let the Prisoner be here Then Charles Cranburne was brought to the Bar in Irons L. C. J. Holt. Look you Keeper You should take off the Prisoners Irons when they are at the Bar for they should stand at their ease when they are Tryed Keeper My Lord We have no Instruments here to do it just now Cl. of Arr. You may send to the Gate-House and borrow Instruments Mr. J. Powel It should be done indeed they ought to plead at ease L. C. J. Holt. Well go on Sir Bartholomew Shower Mr. Att. Gen. My Lord before Sir Bartholomew Shower enter upon his Exceptions unless those Exceptions of his are some of the particulars mention'd in this Act he must not do it now after Plea pleaded before the Tryal but he must do it in Arrest of Judgment L. C. J. Treby It is true Regularly but let him use his own Judgment L. C. J. Holt. It is very true the course has not been to allow them to move to Quash an Indictment for Treason or Felony but it may be done Mr. Att. Gen. Sure it must be only for such things as they cannot take advantage of in Arrest of Judgment after the Verdict L. C. J. Holt. It has not been the course but it may be done Mr. Att. Gen. Not where there is an Issue join'd and a Jury return'd to Try that Issue I believe that never was done nor attempted L. C. J. Treby If there were any prejudice to the King by it it were not fit for us to alter the course but let us hear what his Exceptions are Sir B. Shower I have several Exceptions Five at least one of them is within the very words of the Act that is improper Latin I am sure some of it is so L. C. J. Holt. Well let 's hear what that is Sir B Showers It says Anno Regni dicti Domini Regis nunc Septimo and Lewis is the last King mention'd before and so here is no year of the King of England mention'd It is a certain Rule that Relatives must refer to the last Antecedent and that Rule holds always unlâ—ss there be words that accompany the Relative which undeniably shew to what it refers L. C. J. Holt. Ay but do we call the French King Dominus Rex L. C. J. Treby He would have been so if he had succeeded in his Invasion and this Assâ—ssination Sir B. Shower In every Indictment if there be occasion to mention a former King it is always nuper Rex and such a one naming the name of the King where the present King's name does intervene to prevent Confusion and so in Civil Actions it is the same and so it should have been here L. C. J. Holt. Ay but I tell you it is Dominus Rex nunc which is Our King Mr. Phipps It is not said Angliae L. C. J. Holt. But whereever it is Dominus Rex we understand it of the King of England and no body else Read the Indictment Cl. of Arr. Necnon eundem Dominum Regem ad Mortem finalem Destructionem ponere adducere ac subditos suos fideles Liberos Homines Hujus Regni Angliae in servitutem intolerabilem miserrimam Ludovico Regi Gallico subjugare Mancipare Decimo Die Februarij Anno Regni Dicti Domini Regis nunc Septimo Diversis aliis Diebus c. L. C. J. Holt. Can any man imagine this to be the French King Sir B. Shower My Lord Your Lordship is not to imagine one way or other Mr. Cowper In the strictest Sense and Grammar in the World it must mean King William and no other We do not need any imagination when in the strictest Construction it is plain who it refers to Sir B. Shower I am sure no Grammar can make it good nothing but a supposition can help it Mr. Cowper When it is said Dictus Dominus Rex if Sir Bartholomew Shower can find out another Dominus Rex in the Indictment then he may make something of his Objection but the Dominus is only apply'd to our own King throughout L. C. J. Treby Besides as to the Rule that Sir Bartholomew Shower mentions it is that ad proximum Antecedens fiat Relatio nisi impediat Sententia That 's the Restriction of the Rule it must relate to the next Antecedent unless the sense would be prejudiced but here if this Construction should be it would make this Clause to be no better than nonsense viz. That the Subjects and Freemen of this Realm were to be brought into intolerable Slavery to Lewis the French King such a Day in the Seventh year of the Reign of our Lord the French King Sir B. Shower We say it is little better then Nonsense I am sure it is loose and uncertain and not Grammar but carries a new Form with it L. C. J. Holt. No It is as well as it can be Sir B. Shower Then My Lord there is another Exception it is said Diversis Diebus Vicibus tam antea quam postea and then afterwards it says postea scilicet eodem Decimo Die Februarij that is repugnant it is as much as
to say That upon the Tenth of February and two days afterwards to wit the said Tenth day of February that is after two days after the Tenth of February viz. upon the same Tenth day Mr. Att. Gen. That Postea is another Sentence and relates to other maters Sir B. Shower It can't in propriety of Speech be said to be afterwards the same day Mr. Sol. Gen. If Sir Bartholomew Shower remembers the Evidence that we have given this day he will find it was in Fact so they met on the Saturday Morning and afterwards met again the Night of the same Day L. C. J. Holt. There is nothing in that Objection sure it is a Common Form when they tell of Different matters Sir B. Shower Well then if you will hear the rest which are not of the same nature we shall come to what we think a fatal Exception we say this Indictment of High-Treason being against a Subject born ought to have had the words in it Contra Supremum naturalem Ligeuni Dominum suum according to Calvin's Case in the 7th Report Fol Septimo L. C. J. Holt. It is Contra Ligeantiae suae Debitum is it not Sir B. Shower That won't help it My Lord for all that is applicable to an Alien Born And so is the Case in my Lord Dyer 144. where it is said That if an Indictment of Treason be against an Alien you must not put in the word naturalem if you do it will be faulty because he owes but a Local Allegiance to the King of England and not a natural one Now we say there are none of these Prisoners but are Subjects born and the constant Form in Queen Elizabeth's Time and Queen Mary's was to put in the word Naturalem Dominum and they cannot shew me any of those Presidents without it There was occasion in Tucker's Case to look into this matter and search all the Presidents I have look'd into my Lord Coke's Entries and all the Presidents I have seen my Lord of Essex's Indictment and all the others in Queen Elizabeth's Time and those of the Traitors in the Powder-Plot and those of the Regicides and Tuckers own Indictment it self all along it is Naturalem Dominum suum and the reason for it is he that is Alien born you never put in naturalem Dominum suum because he owes a double Allegiance one Natural to his own King under whose Dominion he was born and the other Local to the King in whose Dominions he resides for he is bound to observe the Laws of the place where he lives And if he violate them he does break the Allegiance that he owes to the Government where he lives upon account of the Protection he enjoys under it But if he be born a Subject of the King of England he has but one natural Liege-Lord and he being an Englishman born the King stands in that Relation to him as he does to all his Native Subjects but not to Foreigners and therefore it was thought requisite to be and has always been inserted into Indictments of Treason against Subjects born And my Lord we think the very Resolution of the Court afterwards affirm'd in the House of Lords that Revers'd Tucker's Attainder went upon this Opinion That the Law required naturalem Ligeum Dominum to be put in There the Exception was that Contra Debitum Legeanciae suae was omitted To which it was Objected that there was Dominum Supremum Naturalem which was Equivalent No it was answered both were requisite because every act charg'd in the Indictment ought to be laid against the Duty of his Allegianâ—e Now in Indictments of Treason there are certain words that are essential because of their Relation between the King and his People There are certain Forms of words which if the constant practice has been to make use of them the omission is an Error Those usual Forms ought to be observ'd and the want of them will be a fatal Exception so we think it would be in this Case as much as if the word proditorie had been left out or as if in a Case of Felony and Burglary the words Felonicè and Burglariter had been left out Mr. Phipps My Lord we take the Practice and Presidents to be the Rule of Law in the Case and I have look'd over a great many Presidents besides those that Sir Bartholomew Shower has Cited and I never saw any one President of an Indictment of Treason against a Subject born without the word naturalem and all the Cases cited by Sir Bartholomew Shower are full in the point Courteer's Case in my Lord Hobbart 271. where 't is said that if there be an Indictment against a Subject born it must be Contra naturalem Dominum if against an Alien naturalem must be left out To say Contra Legiantiae suae Debuum will not do it is not enough for that may be said against an Alien because he owes a Local Allegiance tho' not a Natural one And I take it upon this difference this Indictment is not good Mr. Att. Gen. My Lord I do not know how far you will think it proper to enter into this matter before the Tryal L. C. J. Holt. Mr. Attorney I think you had as good speak to it now as at another time tho' I must confess it is not so proper in point of practice Mr. Att. Gen. Well My Lord then we will speak to it now The Objection is That the word naturalem Dominum is not in the Indictment which they say is contrary to the usual Form As to the Presidents there are a great many where it has been and I am sure a great many where it has not been and I am sure for this Six Seven or Eight Years last past it has always been omitted And with Submission to your Lordship it is not at all necessary If there be words in the indictment which shew that what he did was against the Duty of his Allegiance to his Lawful and Undoubted Lord which are the words in this Indictment It is true if he be not a Subject born naturalem cannot be in because that is contradictory to the Obedience which he owes for it is not a Natural Obedience that he owes but a Local but if a Man be a Subject born and commits Treason against the Allegiance that he ows that is against his natural Allegiance for whatsoever he does against his Allegiance he does against his natural Allegiance and so there 's no need to put in the word naturalem because he owes no other Allegiance but that it is sufficient if that be put in which shews its being against his Allegiance If they could shew that a Subject born has two Allegiances one that is natural and the other that is not natural then if you would prosecute him you must shew whether it was against his Natural or against his other Allegiance But when he has none but a natural Allegiance certainly against his Allegiance without
you shall have in Charge and a true Verdict give according to your Evidence so help you God Cl. of Ar. Thomas Glover Cranburne I challenge him Cl. of Ar. Dormer Sheppard He did not appear George Tredway He did not appear Matthew Bateman He did not appear Timothy Thornbury Cranburne I challenge him Cl. of Ar. James Partherich Cranburne I challenge him Cl. of Ar. Thomas Freeman He did not appear Robert Bredon Cranburne I do not Except against him he was Sworn Cl. of Ar. Joseph Blisset Crunburne I challenge him Cl. of Ar. Timothy Lannoy He did not appear John Harris He did not appear John Billiers Cranburne I have nothing to say against him he was sworn Cl. of Ar. Richard Bourn Cranburne I do not Except against him he was sworn Cl. of Ar. George Carter He did not appear Francis Chapman Cranburne I challenge him Cl. of Ar. Alexander Forth Cranburne I challenge him Cl. of Ar. Nicholas Roberts Cranburne I have nothing to say against him he was Sworn Cl. of Ar. Thomas Playstead Cranburne I challenge him Cl. of Ar. William Atlee Cranburne I challenge him Cl. of Ar. John Marsh He did not appear Andrew Cook Cranburne I do not Except against him he was sworn Cl. of Ar. John Hall Cranburne I challenge him Cl. of Ar. William Partridge Cranburne I challenge him Cl. of Ar. Peter Levigne Cranburne I challenge him Cl. of Ar. Thomas Moody Cranburne I challenge him Cl. of Ar. Richard Bealinge Cranburne I challenge him Cl. of Ar. Thomas Evans Cranburne I do not Except against him He was sworn Cl. of Ar. Thomas Ramage Cranburne I have nothing to say against him he was sworn Cl. of Ar. Edward Townsend Cranburne I challenge him Cl. of Ar. William Gunson Cranburne I challenge him Cl. of Arr. Philip Wightman Cranburne I say nothing against him he was sworn Cl. of Ar. John Wyborne Sir B. Shower I hope you take an Account of the Challenges Mr. Hardistey L. C. J. Holt. Nay you should take care of the Challenges who are his Council if he had no Council we wou'd take care of him Cryer Here is Mr. Wyborne What say you to him Cranburne I have nothing to say he was sworn Sir B. Shower I hope your Lordship will also be of Council for him L. C. J. Holt. We are to be equal and indifferent between the King and the Prisoner But you that are now his Council by Law ought to take care that he lose no Advantage Cl. of Ar. William Strode Cranburne I have nothing to say against him he was Sworn Cl. of Ar. Daniel Byfield He did not appear Benjamin Noble He did not appear Thomas White Cranburne I do not Except against him he was sworn Cl. of Ar. Cryer Countez John Caine. Cryer One c. Cl. of Ar. Thomas White Cryer Twelve good Men and true stand together and hear your Evidence The Names of the Twelve Sworn were these John Caine Esq Jur. Robert Bredon Esq Jur. John Billers Esq Jur. Richard Bourn Esq Jur. Nicholas Roberts Gent. Jur. Andrew Cook Gent. Jur. Thomas Evans Gent. Jur. Thomas Ramage Gent. Jur. Philip Wightman Gent. Jur. John Wyborn Gent. Jur. William Strode Gent. Jur. and Thomas White Gent. Jur. Cl. of Ar. Cryer make Proclamation Cryer Oyez If any one can inform my Lords the King's Justices of Oyer and Terminer the King's Serjeant or the King's Attorney General before this Inquest be taken of the High-Treason whereof the Prisoner at the Bar stands indicted let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And al 's others that are bound by Recognizance to give Evidence against the Prisoner at the Bar let them come forth and give their Evidence or else they forfeit their Recognizance L. C. J. Holt. Mr. Attorney Do you think we shall be able to try the other to Night Mr. At. Gen. That is according as this holds my Lord. L. C. J. Holt. I speak it for the Ease of the Jury that they might be dispatch'd and not attend another Day Mr. At. Gen. I doubt we cannot try any more than this to Night L. C. J. Holt. Well it is no great Matter it will be but a Morning Work it may be too great a Stress and a Hurry to do any more to Night and therefore we will discharge the Jury for to Night those of them that are not sworn but we will be here to Morrow-Morning by seven a Clock and therefore pray Gentlemen attend early Cl. of Ar. Charles Cranburne Hold up thy Hand which he did You that are sworn look upon the Prisoner and hearken to his Cause He stands indicted by the Name of Charles Cranburne late of the Parish of St. Paul Covent-Garden in the County of Middlesex Yeoman for that he with Christopher Knightly late of the same Parish and County Gentleman Robert Lowick late of the same Parish and County Gentleman and Ambrose Rookwood late of the same Parish and County Gentleman the Fear of God in their Hearts not having nor weighing the Duty of their Allegiance but being mov'd and seduc'd by the Instigation of the Devil against the most Serene most Illustrious most Clement 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. their supreme true rightful lawful and undoubted Lord the Cordial Love and the true and due Obedience Fidelity and Allegiance which every faithful Subject of our said Lord the King that now is towards him our said Lord the King shou'd bear and of Right ought to bear withdrawing and wholly to extinguish intending and contriving and with all their Strength purposing designing and conspiring 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 as also our said Lord the King to Death and final Destruction to put and bring and his faithful Subjects and the Freemen of this Kingdom of England into intolerable and most miserable Slavery to Lewis the French King to subjugate and enthral the 10th day of Feb. in the 7th year of the Reign of our said Lord the King that now is and divers other days and times as well before as after at the Parish of St. Paul Covent-Garden aforesaid in the County aforesaid Falsly Maliciously Devilishly and Trayterously did compass imagine and contrive purpose design and intend our said Lord the King that now is to slay kill and murder and a miserable Slaughter among the faithful Subjects of him our said Lord the King throughout this whole Kingdom of England to make and cause and their said most Wicked Impious and Devilish Treasons and Trayterous Compassings Contrivances and Purposes aforesaid to fulfil perfect and bring to effect they the said Christopher Knightley Robert Lowick Ambrose Rookwood and Charles Cranburne and very many other
gave it to Mr. Cranburn to carry it to Mr. Chernock what the particular Message was I cannot be positive Indeed I don't very well remember the Message but the List was carry'd to Mr. Chernock and to the best of my Memory it was to give Mr. Chernock an Account what men he was sure of for Mr. Porter told me of several disappointments he had had of Persons that had promis'd him and fail'd Mr. Phipps Can you remember what Mr. Cranburn said upon that M. De la Rue No I do not Cranburn What Message was that you say I brought from Sir George Barclay M. De la Rue I do not say that you brought any Message from Sir George Barclay Cranburn You said that I brought a Message that Sir George Barclay would see him M. De la Rue I do not say so but I say that you told Mr. Porter that Mr. Chernock sent you with a Message to let him know that Sir George Barclay was desirous to see Mr. Porter to confer about taking care of themselves Cranburn Did you hear me name Sir George Barclay's Name M. De la Rue Yes I say you told Mr. Porter that Mr. Chernock bid you caution him to take care of himself and that he wou'd go that way for Sir George Barclay and he desired to see him and Mr. Porter said it was an unreasonable thing for Mr. Chernock to desire it because they knew he was under Circumstances that it was not proper for him to go and he wondered rather they would not come to him L. C. J. Holt. What time a Day was this M. De la Rue It was about Twelve a Clock I think L. C. J. Holt. Was it after such time as the News was brought that the King did not go abroad that Day M. De la Rue Yes my Lord it was after that time Mr. Phipps Were you with Sir George Barclay when he was here in England Did you see him here M. De la Rue I did not see him on this side of the Water I knew him abroad and a great many other Unfortunate Persons that were concern'd in this Affair I knew some of them here and that they were concern'd in the Design but I did not converse with many indeed with but a very few about it for to shew that I was not a man that design'd to trappan or insnare any man I did never exchange Two Words about this Matter with any Persons that I knew were concern'd in it but Sir William Parkyns and that but in a small measure and Mr. Chernock and Mr. Porter and Mr. King and Col. Parker except what past upon the 22th between Mr. Porter and Mr. Chernock when Mr. Porter sent Mr. Cranburn to Mr. Chernock Mr. Cranburn was one who Mr. Porter called his Quarter-Master I know this Gentleman was commonly depending upon Mr. Porter but I think I never was much in his Company I did not know what Design he had upon him but I was told by Mr. Porter that he Intended to make him his Quarter-Master and I understood Mr. Porter was to have a Troop of Horse in Col. Parker's Regiment Mr. Phipps You say you knew a great many of them that were concern'd but you discours'd and conversed but with a few M. De la Rue I do so Sir Mr. Phipps How do you know that they were concern'd when you did not discourse with them M. De la Rue By Information from Mr. Chernock and Mr. Porter Mr. Phipps Do you know any thing more of Mr. Cranburn than the List and what you have said already M. De la Rue I give you an Account of all that I do know L. C. J. Holt. Answer that particular Question Do you know nothing more than what you have said M. De la Rue No my Lord I do not remember nor know any more as to Mr. Cranburn than what I have declared and I am sorry I had Occasion to declare so much Mr. Att. Gen. Then call Mr. Pendergrass who was sworn Mr. Sol. Gen. Pray will you give my Lord and the Jury an account of what you know of the Intended Assassination and how far Mr. Cranburn the Prisoner at the Bar was concerned in it Capt. Pendergrass My Lord the 13th of February last I came out of Hampshire Mr. Porter sent for me to come to Town and I met him that day at the Blue-Posts in Spring Garden and there he told me of the Assassination that was to be done on Saturday following The next day we dined at the Rose-Tavern where the Prisoner dined with us and we talk'd of the Business that was Friday the 14th and we were to be in readiness the next day to assassinate the King as he was coming from Richmond but some Company coming in afterwards we left off the Discourse and talk'd no more that Night The next day that we were to do the Business we met at the Blue-Posts in Spring-Garden and finding the King did not go abroad that Saturday we dined there at the Blue-Posts and talk'd over again of Assassinating the King and the Prisoner was by at the same time they were all mightily concerned the King did not go that Saturday but when we had dined there we had no further Discourse about the Assassination that day but every body was to prepare against the next Saturday L. C. J. Holt. Was that agreed upon then Capt. Pendergrass Yes it was by all the Company so we parted that day Some time the next Week I met Mr. Porter and Mr. Porter ask'd me if I had a Horseman's Sword I told him no Says he to Mr. Cranburn let Captain Pendergrass have one of the Horsemens Swords that you have got Says Mr. Cranburn to me if you will come to my House you shall make choice of one your self for I have several at home Said I Mr. Cranburn I cannot go that way but I 'll take one of your Choosing if so be you 'll leave it at my Lodgings He said he would do it and did he left it at my Lodgings in Suffolk-Street which Sword I have still The day following I met him and he ask'd me if I had receiv'd the Sword I said I had it and he said it was very well After this I did not see Mr. Cranburn till Saturday the 22d at which time I came to Mr. Porter's Lodgings between Nine and Ten a Clock in the Morning and the Prisoner at the Bar was there and I heard Mr. Porter give him a Message to go to Sir William Parkyns for some Horses I know not how many The Prisoner went and in some time after came back again and brought an account that the King went out that Saturday the 22d to Richmond so every body was to get ready And Mr. Cranburn said that Mr. Chernock desired that Mr. Porter would send a List of his Men upon which Mr. Porter wrote a List of his Men and gave it to the Prisoner to carry it to Mr. Chernock and bid
challenge him Cl. of Arr. Benjamin Boltby Lowick I do not except against him He was Sworn Cl. of Arr. Elias Fletcher Lowick I have nothing to say against him He was Sworn Cl. of Arr. Cryer countez George Ford. Cryer One c. Cl. of Arr. Elias Fletcher Cryer Twelve Good Men and True stand together and hear Your Evidence L. C. J. Holt. Now the rest of the Jury that have appeared are Discharg'd Cl. of Arr. Cryer make Proclamation Cryer Oyez If any one can Inform My Lord 's the King's Justices of Oyer and Terminer the King's Serjeant or the Kings Attorney General before this Inquest be taken of the High Treason whereof the Prisoner at the Barr stands Indicted let them come forth and they shall be heard for now the 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 else they forfeit their Recognizance The Names of the Twelve Sworn are these George Ford. Esq Jur. Thomas Trench Esq Jur. John Wolfe Esq Jur. John Raymond Esq Jur. George Hawes Esq Jur. Matthew Bateman Esq Jur. Thomas Ramage Gent. Jur. William Wild. Gent. Jur. William Pitts Gent. Jur. William Smith Gent. Jur. Benjamin Boltby Gent. Jur. and Elias Fletcher Gent. Jur. Cl. of Arr. Robert Lowick hold up thy hand which he did You that are Sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Robert Lowick late of the Parish of St. Paul Convent-Garden in the County of Middlesex Gentleman for that he together with Christopher Knightley late of the same Parish and County Gentleman Ambrose Rookwood late of the same Parish and County Gentleman and Charles Cranburne late of the same Parish and County Yeoman not having the Fear of God in their Hearts nor weighing the Duty of their Allegiance but being moved and seduced by the Instigation of the Devil as false Traytors against the most Serene most Illustrious most Mild and most Excellent Prince our Soveraign Lord WILLIAM the III. by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. their Supreme True and Rightful Lawful and Undoubted Lord the Cordial Love and True and Due Obedience Fidelity and Allegiance which every Subject of our said Lord the King that now is towards him our said Lord the King should then of right ought to bear withdrawing and utterly to extinguish intending and Contriving and with all their strength Purposing Designing and Conspiring the Government of this Kingdom of England under him our said Lord the King that now is our right duly happily and very well established altogether to subvert change and alter as also the same our Lord the King to Death and final Destruction to put and bring and his faithful Subjects and the Freemen of this Kingdom of England into intollerable and most miserable Slavery to Lewis the French King to subengate and inthral the 10th day of February in the Seventh Year of the Reign of our Soveraign Lord the King that now is and diverse other days and times as well before as after at the Parish of St. Pauls Covent-garden aforesaid in the County aforesaid falsely malitiously devilishly and traiterously did Compass Imagine and Contrive Purpose Design Intend our said Lord the King that now is to Kill Slay and Murder and miserable Slaughter among the faithful Subjects of our said Lord the King throughout this whole Kingdom of England to make and cause and the same their most wicked impious and devillish Treasons and traiterous Compassings Contrivances and Purposes aforesaid to fulfil perfect and bring to effect they the said Christopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn and very many other false Traitors to the Jurors unknown afterwards to wit the same Tenth Day of February in the Year abovesaid at the Parish aforesaid in the County aforesaid and divers other Days and Times as well before as after there and elsewhere in the same County falsly malitiously advisedly secretly and traiterously and with Force and Arms did meet together propose treat consult consent and agree him our said Soveraign Lord the King that now is by lying in Wait and Wild to assassinate kill and murder and that execrable horrid and detestable Assassination and Killing the sooner to execute and perpetrate afterwards to wit the same Day and Year and divers other Days and Times at the Parish aforesaid in the County aforesaid traiterously did treat propose and consult of the Ways Manner and Means and the Time and Place where when how and in what manner our said Lord the King so by lying in Wait the more easily they might kill and did consent agree and assent that Forty Horsemen or thereabouts of whom the said Christopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn would be Four and every one of them traiterously took upon himself to be one with Guns Muskets and Pistols loaden with Gun powder and Leaden Bullets and with Swords Rapiers and other Arms armed should lye in Wait and be in Ambush the same our Lord the King in his Coach being when he should go abroad to set upon and that a certain and competent number of those Men so armed should set upon the Guards of him our said Lord the King then attending on him and being with him and should fight with them and overcome them whilst others of the same Men so arm'd him our said Lord the King to assassinate kill slay and murder and they the said Christostopher Knightly Robert Lowick Ambrose Rookwood and Charles Cranburn their Treasons and all their Traiterous Intentions Designs and Contrivances aforesaid to execute perpetrate fulfil and bring to effect afterwards to wit the aforesaid 10th day of February in the Seventh Year abovesaid at the Parish aforesaid in the County aforesaid divers Horses and very many Arms Guns Pistols Rapiers and Swords and other Weapons Ammunition and Warlike things and Military Instruments falsly malitiously secretly and traiterously did obtain buy gather together and procure and did cause to be bought obtain'd gather'd together and procured with that Intent them in and and about the detestable horrid and execrable Assassination Killing and Murder of our said Lord the King that now is as aforesaid to use imploy and bestow and the same promises the more safely and certainly to execute do and perpetrate he the aforesaid Christopher Knightly with one Edward King lately of High Treason in contriving and conspiring the Death of our said Lord the King that now is duly convicted and attainted by the Consent and Assent of divers of the Traitors and Conspirators aforesaid the said tenth day of February in the Seventh Year abovesaid traiterously did go and come to the place proposed where such intended Assassination Killing and Murder of our said Lord the King by lying in Wait should be done perpetrated and committed to view
Harrison and I together and Sir George Barclay came to us I believe there were about 14 or 16 in the House there Sir George Barclay told me Mr. Lowick was to meet me and two more at an Inn by St. Giles's Pound and that we were to go together to seize the Prince of Orange the 22th L. C. J. H. Did you meet him Captain Fisher I did not meet him it being put off by the King 's not going Abroad L. C. J. H. This does not affect Mr. Lowick at all Mr. Attor Gen. It does not we acknowledge but at that time which you speak of the 8th of February had you any knowledge of the Assassination Captain Fisher There was no Assassination at that time at least it was not then declared Mr. Attor Gen. What was your Discourse about then Captain Fisher There was Notice of the King 's preparing to come for England Mr. Attor Gen. You say Mr. Harrison was there Captain Fisher Yes and Talkt very little about the matter but only that there were Preparations for the King 's coming Mr. Attor Gen. What did Lowick say to you Captain Fisher I have told you all that Mr. Lowick said to me Mr. Attor Gen. Repeat it again Captain Fisher He said he would be ready to serve his Master to the uttermost of his Power Mr. Cowper Had you no discourse about an Act of Parliament Captain Fisher Mr. Lowick said it was not convenient to Talk with more then one at any time for there was an Act of Parliament on Foot that under two Witnesses nothing should affect a Mans Life in Treason Mr. Attor Gen. The Act of Parliament was then a making L. C. J. H. When Mr. Lowick said he wou'd serve his Master what Discourse had you about it Captain Fisher Mr. Lowick said not a word within but at the Door he said he wou'd serve his Master to his Power Mr. Attor Gen. What was that that they wou'd not Talk with above one at a time Captain Fisher Nothing that was thought Treasonable Practices shou'd be Discours'd of before above one at a time so I understood it Mr. Sol. Gen. Then my Lord we have done Sir B. Shower 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 we do hope here is not Evidence sufficient to convict him of High Treason the Question is not whether there was a Plot or a Conspiracy to Assassinate the King or to prepare for an Invasion but all that you are to consider Gentlemen is whether the Evidence against Mr. Lowick be sufficient to convince you that he did design to Seize and Assassinate the King there are three Witnesses produc'd but we think this last Witness Fisher his Testimony does not hurt him in the least We know your Lordship will Declare and Direct the Jury that the Evidence in a case of Treason ought to be plain not only with respect to the Fact that it was done but also of such Facts as are the Evidences of a man's intentions and those are not to be Construed by Strains and Intendments or Implications unless they be such as Evidently Naturally and to common Understanding express the Intention it cannot be good Evidence in Treason Now we say that Captain Fisher has said nothing at all that will affect the Prisoner for al that he says is that the Eighth of February he said he was ready to serve his Master to the utmost of his Power and any words as well as these may be Construed to make a Man Guilty of Treasonable Intentions for it might be a Recollection of Favours Received or it might be a Grateful intent to serve him upon particular occasions but that is no Evidence upon this Indictment Suppose it was to serve him upon the supposed intended Invasion yet with submission that is not Eviednce of the Overt Act laid here here is no Overt Act mentioned of preparing Arms or Incouraging Men or Seducing the King's Subjects in order to the better restoring of the late King James or the expected Landing of the French or the like All that 's laid to the Prisoner's charge is the Compasting the King's Death and a Design to Assassinate him in his Coach and in order to the Assassination he was to buy Armes and Horses now all that he says is quite of another Nature of a quite different Strain and has no tendency to this matter and nothing he says that Lowick shou'd say but is applicable the other way and tends more Naturally to the Invasion then to the Assassination Your Lordship observes there was some notice taken of what Mr. Lowick shou'd say concerning the Act of Parliament that he would not talk with above one at a time how far when life is concern'd such loose discourse ought to be inforc'd before a Jury I must leave to your Lordship tho a Man may be Innocent yet he may be Cautious and the more Innocent perhaps the more Cautious but that is applicable to the Invasion too and has no Relation to the Treason in this Indictment more than any other It shows he was more wary then others were but it is not applicable to the Fact that he now stands charged with Then the whole of the Evidence depends upon the Testimony of Mr. Harris and Mr. Bertram and we think they are not two Witnesses to one thing and what they say must be strained and intended and presumed to make Evidence of Treason for what Mr. Harris says about the Discourses between him and the late King James about Receiving Orders from Sir George Barclay and his passage over from France and the several Stages he and Mr. Hare travel'd and the Discourses between Sir George Barclay and him Your Lordship will acquaint the Jury that is no Evidence to affect Mr. Lowick noâ— what Berkenhead and Hare agreed upon does any way affect Mr. Lowick for those things may be all true and yet Mr. Lowick innocent of what he stands charged with in this Indictment he says that upon the first Saturday he saw Mr. Lowick at the Confectioners but he cannot say he staid there at all there was not a word spoken by Mr. Lowick that he remembers then but what he says that seems to touch and the only thing that touches Mr. Lowick in all this Evidence is that that upon Monday Tuesday Wednesday or Thursday it is a pretty large time between the Fifteenth and the Twenty second he was talking with Mr. Lowick about the Barbarity of this business and that Lowick after all said he would obey Orders now with submission my Lord to make that to have Relation to the Assassination must be by a forc'd strain'd Intendment he does not Declare what the Orders were nay he does not affirm there were any Orders for the Assassination but only that he would obey Orders here 's no Order by Writing no Order by Parole that Mr. Lowick declared he would obey as to
a Design by the Proof of Bertram as well as of Harris then there are two Witnesses which is as much as the Law requires But indeed the Council have called several Witnesses to prove that the Prisoner has lived very peaceably and quietly one Woman says she has known him Twelve Years and that he lodged at her House and that he was a Man of great Temper and Candor and not disorderly but had a general good Esteem and Character And then there is another Mrs. Mosely that proves the like and says she has known him these Twenty Years and she says no Man has a better Character And Mr. Bertram hath said that he was not of a rash or bloody Temper Now Gentlemen I must leave it to you upon the Evidence that you have heard there are these Witnesses that have been produced and there are these Circumstances that appear in the Case if you are satisfied upon this Evidence that has been given that the Prisoner Mr. Lowick did consent to and engage himself in that Design of assassinating the King then you are to find him guilty if you are not satisfied you are to find him not guilty you have heard your Evidence and had best consider of it Then an Officer was sworn to keep the Jury who withdrew and staid out about half an hour and then returned Cl. of Arr. Gentlemen of the Jury answer to your Names George Ford. Mr. Ford. Here c. And so of the rest Cl. of Arr. Are you all agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Foreman Cl. of Arr. Robert Lowick 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 my Lord. 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 we do not find any Cl. of Arr. Then hearken to your Verdict as the Court hath recorded it You say that Robert Lowick is guilty of the High-Treason whereof he stands indicted but that he had no Goods 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 L. C. J. Holt. Discharge the Jury Cl. of Arr. Gentlemen of the Jury the Court discharges you and thanks you for your service L. C. J. Holt. Mr. Attorny Will you have the Prisoners set to the Bar Mr. Attor Yes if your Lordship please Then the Keeper of Newgate brought Rookwood and Cranburn and all three were set to the Bar. Mr. Att. Gen. If your Lordship please to give Judgment against the Prisoners that are convicted L. C. J. Holt. Ask them what they have to say for themselves in arrest of Judgment Cl. of Arr. Robert Lowick hold up thy Hand you stand convicted of High-Treason in conspiring the Death of the King by Assassination what can you say for your self why the Court should not give Judgment against you to die according to Law Then the Keeper bid him kneel L. C. J. Holt. No no he need not kneel if you have any thing to say Mr. Lowick we will hear you Lowick I throw my self upon the Kings Mercy Cl. of Arr. Ambrose Rookwood hold up thy hand which he did you stand convicted of the same High-Treason for conspiring the Death of the King by Assassination what can you say for your self why the Court should not give you Judgment to die according to the Law Rookwood All that can be said has been said already and so I shall say no more Cl. of Arr. Charles Cranburn hold up thy Hand thou standest convicted of High-Treason in conspiring the Death of the King by Assassination what canst thou say for thy self why the Court should not give the Judgment to die according to Law Cranburn I have nothing to say but what I have said already Cl. of Arr. Then Cryer make Proclamation Cryer O yes all manner of Persons are commanded to keep silence while Judgment is in giving upon pain of Imprisonment L. Ch. J. Holt. You the Prisoners at the Bar Robert Lowick Ambrose Rookwood and Charles Cranburn you have been indicted and upon full and clear Evidence have been convicted of High-Treason a Treason that was advanc'd to the highest degree both of Malice and Mischief against the King and Kingdom you design'd to assassinate the King with an intent to subvert the State and by the introducing of a foreign Power to destroy the antient Liberty and Constitution of England Our French and Popish Enemies by whom you were imployed in this bloody Enterprise did very well know that the Wisdom and Courage of his present Majesty has rescued this Kingdom from that Slavery and Oppression which they often threatened to bring upon us they knew that under his Government we have been protected in the enjoyment of our Religion Laws and Liberty for several Years and that his Majesty is the Head of the Protestant Interest and the Protector and Preserver of the Liberty of Europe and that upon the Preservation of his Life and the Safety of his Person the Good and Happiness of multitudes of People do depend which the French King's Pride and Ambition has been ready to take hold of any opportunity to enslave and oppress Your being engaged in such a horrid Design against so precious a Life and to be the bloody Instruments to give that dismal Stroke which would have brought Mistry and Desolation upon so many Men renders you worthy to undergo a greater and more severe Punishment than by the Law of England can be inflicted but that there is no greater provided for such Criminals is to be imputed to the antient Honesty and Integrity of English Men who when they fram'd this Constitution of Government never imagin'd England should produce such degenerate Wretches as would endeavour by Plots and Contrivances to betray their Country to a foreign Yoak and subject themselves and their Fellow-Subjects to the slavish Dominion of Strangers Your Crime being so great it is now high time for you seriously to reflect upon it and tho you deserve to suffer the greatest of Punishments yet I have that Compassion for your Persons that I wish heartily you would make use of that Opportunity which is now put into your Hands to repent And since you are adjudg'd by the Law unworthy to live here that you will make preparation to appear at another Tribunal where you must have another Tryal and without an hearty and sincere Repentance receive a more severe Sentence I hope this Calamity and the Judgment that is to fall upon you will be an Admonition to you to take better advice in the last part of your time which is left you than you have done in the whole course of your Lives and that you will be wiser than to follow the Direction of those Guides whose