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life_n believe_v know_v word_n 4,525 5 4.2540 3 false
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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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satisfy'd to our said Lord the King that now is of the Judgment aforesaid against him in Form aforesaid given therefore the said Cardell Goodman is thereof acquitted And so forth Mr. Serj. Darn Call Mr. Charles Edwards William Cock Christopher Crawford Marry Crawford and Mr. Huntley Edwards appear'd upon a Habeas Corpus directed to the Keeper of Newgate where he was a Prisoner Mr. Baker Where is the Warrant of his Commitment what is he committed for Tokefeild He is committed for suspicion of Treason and treasonable Practices Mr. Baker Is he not committed for High-Treason Tokefeild No Sir he is not Mr. Serj. Darn What Discourse had you with Mr. Goodman concerning the Prisoner at the Bar what did you here him say Mr. Baker He is not sworn yet it seems this Gentleman was Dundee's Chaplain in Scotland Mr. Attorn Gen. If he be not sworn he can give no Evidence Mr. Serj. Darn My Lord we desire he may be sworn L. C. J. Treby Sware him which was done Mr. Serj. Darn Pray Sir will you tell the Court and the Jury what you know of any Discourse of Mr. Goodman's concerning the Prisoner at the Bar. Edwards My Lord I desire to know being ignorant of the Law whether I am brought here by the common course of Justice or not Mr. Serj. Darn Sir we have subpena'd you for the Prisoner at the Bar to give Evidence of the truth of you Knowledge here upon Oath L. C. J. Treby Would you have us tell you how you came here We suppose you came by due Process of Law as a Witness Edwards Then my Lord I desire to speak but one Word that is a strange thing to me to consider how Words should be carried away that were privately spoken as if it were to expose me to the Reproaches of all my Friends it is a thing that I did never expect to hear of again however seeing I am called here and obliged upon my Oath to declare what I know I by God's Grace will to the uttermost of my power tell what has pass'd in this Matter L. C. J. Treby Don't make any Apologies for telling the Truth you are obliged by your Oath to do it and the Court expects it from you Edwards Among other Discourses that pass'd betwixt Mr. Goodman and me I ask'd him when Mr. Cook was to be arraigned and when he was to be tryed says he He is to be arraigned upon Monday and he is to be tryed upon Thursday I ask'd him whether it was for the Assassination-Plot and he told me no for what then said I as being concerned in sending Mr. Chernock into France Who are the Evidences against him said I said he Capt. Porter and my self said I I believe two Witnesses will be found good or by way of Demonstration in Law and I pity the poor Gentleman's Case Says he He swore against me how comes it then said I that he is not come off and has not a Pardon and would divulge no Body else L. C. J. Treby Who had not a Pardon do you mean Edwards Mr. Cook I ask'd how he had not a Pardon says he he wou'd give an account of no body else but me and that was the Reason he had no Pardon said I to him who are the Evidences against him says he Capt. Porter and my self and after this says he he or I must perish or he or I must suffer I believe the word was suffer but says he 't is a foolish thing to be hang'd all that 's said of a Man that is hang'd is that he hang'd hansomly or he dy'd bravely that 's all the Discourse that I can remember Mr. Serj. Darn He said it was a foolish thing to be hang'd and Mr. Goodman it seems had no mind to be hang'd and I believe so too but he must not hang my Client to save his own life Edwards Now by the same Oath that I have sworn I knew nothing of being brought hither till my words were carry'd away privately from me and has been consulted of and return'd to me back again and I was far from suborning or carrying away a Discourse privately to make any advantage of it Mr. Serj. Darn Now we will call Crawford and Huntley and Cock Mr. Attorn Gen. I desire that Gentleman that was last examin'd may not go away Crawford Huntley and Cock were sworn Sir B. Shower Set up Mr. Crawford which was done pray Sir will you recollect your self do you remember when my Lord of Ailesbury and Capt. Porter din'd at the King's Head Crawford Yes it was about a twelve month ago Mr. Serj. Darn What Company was there Crawford My Lord of Ailesbury Sir John Friend Sir John Fenwick Sir William Parkyns Capt. Porter and two or three more I did not know their Names Sir B. Shower How many were there that din'd there Crawford I think about Eight in all Sir B. Shower Was the Room shut while they were there or did the Servants and Drawers go up and down commonly Crawford Yes they did go up and down commonly Sir B. Shower After Dinner did any body come to them while they were there Crawford No not during my Lord of Ailesbury's stay and my Lord Montgomery went away with him Sir B. Shower About time did my Lord of Ailesbury go away Crawford I think it was about four a Clock Sir B. Shower How can you tell it Crawford I did attend upon them the most part of the time Sir B. Shower Did you see him go away Crawford Yes I did Sir B. Sh. Was that Gentleman Mr. Goodman there when they went away Crawford I did not see him there to my Remembrance no body came in there before they went away saving their own Servants Mr. Serj. Darn Do you know Mr. Cook the Prisoner at the Bar was he one of the Gentlemen that were at your House Crawford Yes I did not well remember or recollect till I saw him on Saturday last Mr. Attorn Gen. Was he one that went away Crawford I do not remember truly Sir Mr. Att. Gen. Prav how long was it after Dinner that they went away Crawford I think it was not an Hour Mr. Att. Gen. Was you there all the time from the time of the Dinner Crawf No not all the while I was not in the Room but going to and fro Mr. Serj. Darn You say Mr. Goodman did not come up till after they were gone Crawford No I did not see him Mr. Attorn Gen. Did you see him at all Crawford No I did not see him at all Mr. Attorn Gen. Just now it was said he did not come till they were gone and now it seemes he did not see him at all Crawford I do not know that he was there at all L. C. J. Tre. But Brother Darnall you open'd it that Mr. Goodman came after my Lord of Ailesbury was gone and now you will prove it that he came not at all Sir B. Shower My Lord we do not pretend to falsifie his Evidence
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