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A25874 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) 1696 (1696) Wing A3757; ESTC R3080 87,497 74

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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
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