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

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

they did consult together and did agree to make use of such and such Means and were to have a Party of 40 Men and they bought Arms and Horses Now it does not repeat quodque or ulterius presentant quod to every one of those Sentences that they did so and so and that they did so and so Now I would feign know the Difference between saying and they did such a thing and saying and that they did such a thing That 's all the Difference that they think to overturn this Indictment for The omitting of a Juratores ulterius presentant certainly is nothing for the first Presentment runs through the whole Indictment and there does not need an Vlterius Sir B. Shower Certainly there should have been a Quodque at least L. C. J. Holt. No indeed I think it is better as it is than as you would have had it because the first Quod goes through the whole That in Order thereunto he did so and so would you have it said quod in Order thereunto he did so and so but that may be good Sense I think it is not so good as the other This Indictment is for one sort of Treason and that is for compassing the Death of the King and it is I think more proper to have but one Quod than to have more for it makes the whole Indictment more entire As to the Juratores ulterius presentant that is never proper where the Species of Treason is the same For indeed if there had been two distinct Treasons the one for compassing the Death of the King and the other for levying of War in that Case you must bring it in by ulterius presentant because they are two several Offences tho' comprisd in one Bill and they are in Law as two Indictments And so it is in the Case that you mention'd of Cottages It is one Offence to erect a Cottage and another Offence to continue a Cottage and they are to have several Punishments and because they were jumbled them both together in one Indictment that Indictment was held to be nought For by Law the Indictment for erecting a Cottage ought to conclude contra formam Statuti and then the Jury must begin again ulterius presentant quod the Cottage was continu'd against the Form of the Statute because they are several Offences But here the High Treason is but one and the same Offence and the other things are but Overt Acts to manifest this Treason the compassing the Death of the King and truly I think it is better as it is Mr. Phipps I have seen several Precedents of Indictments where the several Overt Acts were to the same High Treason but still they had each an ulterius presentant Mr. At. Gen. I believe it is hard to find many Indictments in the same Words I am sure all are not L. C. Baron Is it not as great an Affirmation to say and they did such a thing as to say and that they did such a thing L. C. J. Holt. I cannot reconcile it to my Reason but it should be as good Sense without that as with L. C. J. Treby In a long Deed it begins This Indenture witnesseth that the Party granted so and so and the Party Covenants thus and thus and so it goes on commonly without renewing the Word That to the subsequent Clauses But yet the first Expression This Indenture witnesseth that governs the whole Deed tho' it be many Skins of Parchment L. C. J. Holt. If you begin with an Indenture you begin That it witnesseth so and so without Renewing unless it be a very distinct Thing S. B. Shower My Lord we think that Similitude makes for us A. B. Covenants so and so in a Conveyance and then further that so and so L. C. J. Holt. But there you restrain that in the Beginning of the Covenant to every Particular in that Covenant Mr. At. Gen. Will your Lordship please to call the Jury now L. C. J. Holt. Have you a Mind to go on with the Trial or to go to Dinner Mr. At. Gen. I believe your Lordship can try but one more to Night and that may be as well after Dinner as before L. C. J. Holt. Well then adjourn till 5 a Clock and in the mean time you Keeper knock off the Prisoners Fetters Keeper They shall my Lord. Then the Court adjourned till 5 a Clock in the Afternoon it being then about 3. Post Meridiem the 21st of April 96. The Court returned and was resum'd about 6 in the Evening Cl. of Ar. Keeper of Newgate bring Charles Cranburne to the Bar which was done Charles Cranburne hold up thy Hand which he did Those good 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 and therefore if you will 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 Cranburne My Lord I humbly desire I may have Pen Ink and Paper Court Aye Aye He had them Cl. of Ar. Where is George Ford Cryer Vouz Avez Cranburne I challenge him Cl. of Ar. William Underhill Cranburne I challenge him Cl. of Ar. William Withers Cranburne I challenge him Mr. Phipps If your Lordship pleases those that were of the last Jury I hope shall not be call'd of this Jury This Prisoner being tryed upon the same Indictment the last was L. C. J. Holt. If they be not it shall be in Ease to them but it is not in favour of you Mr. Phipps We humbly conceive having given their Verdict upon the same Indictment they are not such indifferent Persons as the Law intends they should be and think it is good reason they should not serve upon this Jury L. C. J. Holt. What tho' it be upon the same Indictment the Evidence is not the same for they are distinct Offences Mr. Phipps I do not know whether it be a good Cause of Challenge but submit it to your Lordship L. C. J. Holt. Well you may doubt of it if you please and try the Exception Cl. of Ar. Thomas Trench Cranburne I challenge him Cl. of Ar. John Wolfe Cranburne I challenge him Cl. of Ar. James Bodington Cranburne I challenge him Cl. of Ar. Jonathan Andrews He did not appear John Raymond Cranburne I challenge him Cl. of Ar. George Hawes Cranburne I challenge him Cl. of Ar. Francis Barry Cranburne I challenge him Cl. of Ar. Arthur Bailey Cranburne I challenge him he was upon the last Jury L. C. J. Holt. That is no reason Will you challenge him peremptorily Cranburne I do challenge him Cl. of Ar. John Caine. Cranburne I don't except against him Cl. of Ar. Hold Mr. Caine the Book Cryer Cryer Look upon the Prisoner Sir You shall well and truly try and true Deliverance make between our Sovereign Lord the King and the Prisoner at the Bar whom

him meet him at the Blue-Posts and Mr. Porter and M. De la Rue and I took Coach and went down to Spring-Garden and when we came to the Blue-Posts there were some Persons that I think Mr. De la Rue had appointed to come there the Prisoner comes thither and brought the List back with a List of Mr. Chernock's Men underneath I know not who the Men were for I saw it only on the one side of the Table in Mr. Porter's Hand at the same time the Prisoner brought an account that the King did not go abroad that day and presently after we had the same account from other Hands and Captain Porter and I went out of Town and we heard no more of it L. C. J. Holt. Are you sure that he did agree to this matter before the 15th Capt. Pendergrass Yes I am sure of it he agreed to it Friday the 14th at the Rose Tavern in Covent-Garden L. C. J. Holt. On the 15th it seems they were disappointed are you sure there was an Agreement to pursue it the 22d Capt. Pendergrass Yes I am sure there was my Lord. L. C. J. Holt. Was the Prisoner there Capt. Pendergrass Yes my Lord I am sure that the Prisoner at the Bar was there Cranburn Pray Mr. Pendergrass was there any Discourse about this thing when I was there Capt. Pendergrass Yes Mr. Cranburn you cannot but remember there was Cranburn What hour did I come there pray Sir Capt. Pendergrass Truly I cannot be positive to an Hour but you was there while the Discourse was Cranburn Whether did I stay there all the while and who was in the Company Capt Pendergrass All the Company broke up about six a Clock there was Mr. King Captain Porter Mr. Kendrick Mr. Cranburn Mr. Keyes and my self Cranburn Was Kendrick there when I was there Capt. Pendergrass Yes I am sure of it I will do you all the Justice in the world that I can Sir B. Shower You say Sir he did agree upon the 14th to this Design pray what Words did he use Capt. Pendergrass He did agree that we should attack the King the next day Sir B. Shower Pray Sir if you can recollect your self what did the Prisoner say or whether you took him to agree by being silent Capt. Pendergrass He said he hop'd we should execute our Business the next Day L. C. J. Holt. What day was that Capt. Pendergrass That was the 14th of February and the same Night I gave account of the matter to my Lord Portland Mr. Phipps Did he agree to be one in the Execution of the Design Capt. Pendergrass Yes he did he discoursed the matter to me himself Mr. Att. Gen. My Lord we have done with our Evidence L. C. J. Holt. VVell then what say you to it for the Prisoner Sir B. Shower My Lord what we have to say on behalf of the Prisoner in this Respect is this here are but three VVitnesses produced and as to one of them De la Rue there is no Evidence that he gives Your Lordships and the Jury that affects this matter but only that there was a List given by Captain Porter and carried by the Prisoner to Mr. Chernock and so brought back again But he does not recollect nor swear to any Message that was sent from Porter by the Prisoner to Mr. Chernock Now my Lord the bare carrying of a Note of Names will be no Evidence of Treason M. De la Rue does not swear to any Privity of the Prisoner what the List was for nor to the Delivery of the List which is the Overt Act in the Indictment nor upon what account this List was written or sent or brought back again or any VVord that proceeded from Captain Porter to him upon giving the List or any VVord when it was brought back again So that as to De la Rue's Testimony we must submit it to the Memories and Recollection of your Lordship and the Jury we think he only proves a Plot in general of which there is no peradventure every Body is satisfied that there was such a horrible Conspiracy those that have been condemned and executed for it have own'd it and so it can never be doubted but he does not say any thing to affect the Prisoner at the Bar for as to the drinking of Healths and being present when those Healths were drank tho' it be an Evidence of Disaffection to the Government or too much good Manners and Complaisance to the Company a Man is in yet that Disaffection or Evil Temper or Complaisance we hope are no Evidences of Treason It is plain the Prisoner did depend very much upon Captain Porter he was in truth his Servant to go of his Errands and expected an Office from him God knows when but it does not appear by any particular Action that he did any thing that can be Treason upon M. De la Rue's Evidence Then as to what Mr. Pendergrass says I must confess his Evidence comes home For he says there was a Design of the Assassination and some Agreement of the Prisoner to it but I must beg your Lordships Favour to observe upon Mr. Pendergrass's Evidence if that stand alone it will be but one Witness and then we are safe by the Purview of this Act of Parliament L. C. J. Holt. Ay and by the Law before the making of that Act. Sir B. Shower Then as to Captain Porter I must beg leave to say If our Witnesses are come that were absent at the other Tryal and they prove what is in my Instructions it well be very much Questionable whether there be any Credibility due to his Testimony Then if you take off his Testimony there is only the Evidence of Mr. Pendergrass and if he be to be believed to which I have nothing to say at present in the Case of a Man's Life upon an Indictment of Treason where the Law requires two credible Witnesses his single Testimony is not sufficient to convict the Prisoner We beg leave to call our Witnesses and then we shall leave it to your Lordship and the Jury Mr. Phipps As to the particular Overt-Act laid in the Indictment the carrying about the List only M De la Rue speaks to it and Sir Bartholomew Shower has given it an Answer and I shall not repeat it L. C. J. Holt. Look ye for that if any one Overt-Act is prov'd by Two Witnesses it 's well enough Mr. Sol. Gen. Besides they mistake my Lord extreamly for Captain Porter and Mr. Pendergrass speak both of them to that particular as to the List Sir B. Shower We do not deny it the Question is Whether you have Two Credible Witnesses Cranburn Pray Mr. Pendergrass do you remember what Captain Porter said to you and I when we came down to the Blue-Posts leading from the Rail Capt. Pendergrass Indeed Sir I do not Cranburn I would have you recollect your self as we stood against the Rails in Spring-Garden when we came down from the Blue-Posts

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