eredit; they have delivered their testimony upon their oaths, and so, gentlemen, you are upon your oaths; if you are satisfied and can take it upon your consciences, that these two witnesses are, or any one of them is, (if such distinction can possibly be made in this case) then you are to acquit the prisoner; but if you are satisfied, and think they have sworn true, you are to find him guilty. Just. Rokeby. Nay, if one be forsworn, both are; for the evidence is intirely in all parts the same; and if Mr. Goodman be perjured, Mr. Porter is so too. Sir B. Shower. Forsworn and perjured are hard words; we only say mistaken. Just. Rokeby. Well, that objection goes to ope as well as the other. L.C. J. Treby. It must be so, since they speak of the same joint matter, viz. their being together in company. If Mr. Porter says true, when he swears that Mr. Goodman was there with him and the rest, Mr. Goodman must say true when he swears that he was there with Mr. Porter and the rest. There was one thing that I forgot: sir B. Shower observed, that it might be an invention of captain Porter, because he fixeth it in point of time to the month of May, that he does not say it was in April; for that then it would be within the pardon, which extends to April 29, last year; nor would he lay it in June, for then he was in Newgate, and others of them were dispersed by reason of a riot committed in Drury-lane: and this sir B. Shower alledges, was a piece of skill and contrivance but, really, this is a piece of ingenuity in himself: for, besides that the king's witnesses affirm positively that it was in May, and remember it by a certain token, viz. That it was within a very few days after the king went beyond sea, one or two of the prisoner's witnesses (Crawford I am sure) did say that this meeting was this time twelve-month, and you know we are now near mid-May. Serj. Darnall. If you believe our drawers for part, you must believe them for all. Att. Gen. No, not so: my lord speaks only where they concur with our evidence. It were strange to expect we should disbelieve or doubt what the witnesses on both sides affirm to be true; but I do not think it would be to the advantage of the prisoner, if what his counsel proposeth were agreed to, viz, That the draw. ers (and their master too) should be believed for all they say, provided equally the king's witnesses should, in like manner, be believed for what they say. For the main thing con · troverted, is, Whether Mr. Goodman were at this meeting? These witnesses for the prisoner say, they did not see him there; at least they do not remember it. Mr. Porter, and Mr. Goodman himself says, he was there. Now, these things agreed, and admitted, would make a very consistent clear evidence, that Mr. Goodman was there, though the master and drawers did not observe, or do not remember his being there, [Then an officer was sworn to keep the Jury, who withdrew to consider of their Verdict, and about three quarters of an hour after returned into court.] Cl. of Ar. Gentlemen, answer to your names. Henry Sherbrook, Mr. Sherbrook. Here. And so of the rest, &c. Cl. of Ar. Are you all agreed of your verdict?-Jury. Yes. Cl. of Ar. Who shall say for you? Cl. of Ar. Set Peter Cook to the bar. Ct. of Ar. What goods or chattels, lands or tenements had he at the time of the treason committed, or at any time since? Foreman. None to our knowledge. Cl. of Ar. Then hearken to your verdict as the court has recorded it: you say that Peter Cook is guilty of the high-treason whereof he stands indicted, but that he had no goods or chattels, lands or tenements at the time of the high treason committed, or at any time since to your knowledge; and so you say all? Jury. Yes. Cl. of Ar. Gentlemen, the court dismisses you, and thanks you for your service. [Then the court adjourned till 5 o'clock in the evening.] POST MERIDIEM. read. Cl. of Ar. Have you any thing to say in arrest of judgment? Cook. I desire my Paper may be read. [It was handed up to the court, and then delivered down to Mr. Attorney General, and the king's counsel, but not openly_read.] Recorder. [Sir Salathiel Lovell.] Mr. Cook, the court have read your paper you sent up, and have communicated it to the king's counsel; if you have any thing to move in an arrest of judgment, this is your time, and we will hear you; but as for any representation of your case to any others, that must be considered of afterwards; you are now called to your judgment. Cook. I did not know that I might offer any thing afterwards; but if your lordships think fit to communicate that to my lord justices, I submit it to you. only nearly allied to this crown, but also intirely in the interest of these kingdoms, and those neighbouring princes and countries that lay exposed to the violence and ambitious inRecorder. Mr. Cook, there is nothing ap-sults of France. And the love which that noble pears upon this paper that is matter of law, prince did bear, not only to us but to our neighand so not serviceable to you now, and there-bours also, disposed him to embrace that invifore what you desire in it the court will consider of afterwards. -Cook. I do not understand the law, my lord, but I have heard the court ought to be of counsel for the prisoner, and I desire I may not suffer by my ignorance. Recorder. I declare it, for my part, I know nothing that you can have any advantage of in arrest of judgment; if I did, you should not lose the benefit of it, and you have had your counsel assigned, who have pleaded for you without restraint; and if there had been any matter of law that would have availed you in the arrest of judgment, no doubt they would have laid hold of that advantage for you. Cook. I cannot tell, my lord, what is matter of law. Att. Gen. Your lordship observes, they took all the objections that they could to the indictment, but there was none that they could fix. tation; upon whose arrival here, that predecessor, from motives that were invisible, declined the kingdom and the government, and left the people to themselves; whereupon his present majesty was necessarily and rightfully placed upon that throne he so well deserved: And this is now that king, for whose preservation all good people have associated, and spare neither lives nor treasure to support and to continue in the government; and this is that king whom you have traitorously conspired, not only to dethrone, but also to destroy; and this is that people that you would have to swim in blood, and lose their religion, liberty, and property. These matters need a history to relate at large; I only touch them shortly, to move good men to rejoice in their deliverance, and to move you seriously to reflect upon the heinousness of your crime. Mr. Cook, you are an Englishman, and Cl. of Ar. Then, crier, make proclamation. must needs know, that in this place we fre[Which was done on both sides of the court.]quently condemn to death clippers, coiners, Crier. O yes. All manner of persons are commanded to keep silence while judgment is in giving, upon pain of imprisonment. Cook. My lord, may I have my paper again? Recorder. If you think it may be any service to you to leave it with the court, you may do so; or if you desire it, you shall have it again. Cook. I desire your lordship to keep it. Recorder. I will receive it, and it shall not be buried, I assure you. Cook. I do not hear what the court says. Recorder. You say you did not hear what was said to you: if you desire to have your paper again, you shall have it; but if you desire to have it communicated above, the court will consider it, and take care of that thieves, and robbers, and other such like criminals, and that justly and necessarily too, for the preservation of the innocent, and for the common good. Of what condemnation must you, and such as you, be worthy then, who have so horridly endeavoured and designed the fatal ruin and destruction of your own native country, and to render your fellow-subjects a miserable prey, and at the best to become slaves and vassals to a foreign prince? Let me also mind you, that nothing is more sure, than that after this, you must receive a judgment in another world; and if that pass against you too, that sentence will be most terrible, and your sufferings without end: And therefore I do advise you to employ the few days you have yet to live in preparation for your future happiness, which cannot be duly done without a full confession of this, as well as other crimes you have been guilty of: I leave it with you at your utmost peril, that you therefore charge it to you as your duty, and honestly and faithfully discover all you know of this inhuman and traitorous conspiracy, and all the persons that you do know to be guilty of it: This will be the greatest service you can do in this world, and will be the best preparatory step that you can take towards a better. And, Sir, there now remains no more for me to say, but to pronounce that Sentence on you which the law directs: and that is this: Recorder. Mr. Cook, I think it useful to the public, and also at this time to you, to observe, That the reign of the late king James was, throughout, one entire design and project formed, in conjunction with the French king, totally to subvert our religion, laws, and liberties; which grew so apparent to the subjects of these nations, in so many instances of fatal consequence, managed in such a method, and advanced so far, that the people of these king- That you, Peter Cook, be taken hence to doms, of all qualities, ranks and degrees, did 'the place from whence you came, and thence find it absolutely necessary for the preserva- be drawn upon a hurdle to the place of exetion of themselves and the neighbouring na-cution, where you are to be hanged by the tions now in alliance with us, to pray in aid of 'neck, and cut down before you be dead; that the then prince of Orange, as a person not your bowels be taken out, and your privy. Extract of the Examinations and Confessions of Peter Cook, son to sir Miles Cook. He was condemned for the Assassination Plot, but afterwards pardoned." members cut from your body, and both burnt in your sight; that your head be cut off, and your body divided into four quarters, which head and quarters are to be at the king's disposal; and God Almighty have mercy upon 'your soul.' Cook. I beg, if your lordship please, that I may have my relations and friends come to see me, and some divines, the better to prepare me for another world. Recorder. Mr. Cook, if you will give the names of those that you would have come to you to the officer, care shall be taken in it; and you will not be denied any reasonable helps that may be had for your preparation for eternity. Att. Gen. It is not fit he should be denied any reasonable help; but in the mean time there is reason for the government to be cautious, upon the account of what has notoriously past in the case of some others. Recorder. If he give in the names, it will be considered of, and care taken that nothing be done but what is reasonable and safe. Then the Prisoner was taken from the bar, and the Court proceeded to what was remaining of the business of the sessions. He was afterwards pardoned, upon condition of transporting himself, and never returning any more to England. The following Article (undated) is published in Dalrymple's Memoirs, Appendix to part 2, book 7. "He gives an account of his having been in France, several years ago; that he went on my lady Philips her business, but being there, was introduced to king James, and carried over the compliments of several persons to the king; particularly from archbishop Sandcroft, lord Ailesbury, lord Montgomery, sir John Fenwick, lord Clarendon, lord Litchfield, lord Huntingdon, lord Weymouth, sir Edward Seymour, and others; he brought back messages to some of them, and was bid to see the marquis of Halifax, as being a man of honour, who received him very civilly; he brought over instructions from King James for the borrowing 6,000l. they were directed to lord Ailesbury, lord Litchfield, and lord Brudenell, but they all excused it. Mrs. Iron sent him advice of the La Hogue business, which he communicated to lord Halifax, whereupon he found him uneasy at his staying longer with him, and told him he knew what he had to do. "He says at that time, there was a meeting at a tavern in Holborn, where were the lord Brudenell, sir Theophilus Ogelthorpe, sir Francis Windham, major George Mathews, Mr. Bruce, colonel Fountaine, one Holmes, and several others: they advised with one another what they should do upon that invasion; it was resolved those who had horses should rendezvous towards Cane wood, and those who had none should get near the Tower, to join with sir John Freind's party. There was a regiment lined with yellow, which they were told they might depend upon." 890. The Trial of ALEXANDER KNIGHTLEY, at the King's-Bench, for High-Treason: 8 WILLIAM III. A. D. 1696. THURSDAY, April 30, 1696. THIS day the Keeper of Newgate brought to the bar of the court of King's-bench Alexander Knightley, by virtue of a writ of Habeas Corpus, issuing out of that court for that purpose, to be arraigned upon an indictment of high treason found against him at the sessions of Oyer and Terminer, holden for the county of Middlesex; which indictment by writ of Certiorari was removed into the King's-bench. The return of the Habeas Corpus was delivered, and then the prisoner was arraigned thus. Cl. of Ar. Alexander Knightley, hold up thy hand. (Which he did). Thou standest indicted by the name of Álexander Knightley, late of the parish of St. Paul Covent-Garden, in the county of Middlesex, gent. for that you not having the fear of God in your heart, nor weighing the duty of your allegiance, but being moved and seduced by the instigation of the devil, as a false traitor against the most serene, most illustrious, and most excellent prince, our sovereign lord William the third, by the grace of God of England, Scotland, France and Ireland king, defender of the faith, &c. your supreme, true, rightful, lawful and undoubted sovereign 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 bear, and of right ought to bear, withdrawing, and utterly to extinguish, intending and contriving, and with all your force purposing and designing the government of this kingdom of England, under him our said lord the king that now is, of right, duly, happily, and very well established, altogether to subvert, change, and alter, as also the same our lord the king to death and final destruction to put lying in wait, should be done, performed, and and bring, and his faithful subjects, and the muskets, rapiers and swords, and other wea freemen of this kingdom of England, into in- pons, ammunition, and warlike things, and mitolerable and most miserable slavery to Lewis litary instruments, falsly, maliciously, secretthe French king to subdue and inthral; the ly, and traitorously you did obtain, buy, gather tenth day of February, in the seventh year of together, and procure, and to be bought, obthe reign of our said sovereign lord the king tained, gathered together, and procured, did that now is, and divers other days and times cause, with that intent to use, employ, aud beas well before as after, at the parish of St. stow them in and about the detestable, horrid, Paul Covent Garden aforesaid, in the county and execrable assassination, killing, and murder aforesaid, falsely, maliciously, devilishly, and of our said lord the king that now is, as aforetraitorously you did compass, imagine, and said; and the same premisses the more safely contrive, purpose, design, and intend our said and surely to execute, do, and perform, you Sovereign lord the king that now is to slay, the said Alexander Knightley, with one Edkill, and murder, and a miserable slaughter ward King, late for high treason, in contriving among the faithful subjects of our said lord the and conspiring the death of our said lord the king, throughout this whole kingdom of Eng-king that now is, duly convicted and attainted, land, to make and cause; and your said most by the consent and assent of divers of the traiwicked, most impious, and devilish treasons, tors and conspirators aforesaid, in the said tenth and traitorous compassings, contrivances and day of February, in the seventh year abovesaid, purposes aforesaid to fulfil, perfect, and bring traitorously did go and come to the place proto effect, you the said Alexander Knightley af- posed, where such intended assassination, killterwards, to wit, the same tenth day of Fe-ing, and murder of our said lord the king, by bruary, 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, maliciously, advisedly, secretly, traitorously, and with force and arms, with very many other traitors to the jurors unknown, did meet, propose, treat, consult, consent, and agree him our said lord the king that now is, by lying in wait and deceit, 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, traitorously you did treat, propose, and consult with those traitors, of the ways, manner, and means, and the time and place where, when, how, and in what manner, our said sovereign lord the king, so by lying in wait, might be slain and killed; and that you did consent, agree, and assent with the same traitors, that forty men on horse-auce! back, or thereabouts, of whom you the said Alexander Knightley were to be one, with guns, muskets, and pistols, charged with gunpowder and leaden bullets, and with swords, rapiers, and other arms armed, should lie in wait and be in ambush, the same our lord the king in his coach being when he should go abroad to attack; and that a certain and competent number of those men so armed, upon the guards of our said lord the king, him then attending, and being with him should set upon, and should fight with them and subdue them, whilst others of the same men so armed, him our said lord the king should assassinate, kill, slay, and murder; and you the said Alexander Knightley, your treasons and all your traitorous intentions, designs, and contrivances aforesaid to execute, perform, fulfil, and bring to effect, afterwards to wit, the aforesaid tenth day of February, in the seventh year abovesaid, at the parish aforesaid, in the county aforesaid, divers horses, and very many arms, guns, How Knightley. With submission to your lordship, I did not expect, in this weak condition that I am in, to be brought at this time to the bar; that having taken me off extremely from the application that I should have otherwise made of myself to my defence; but seeing there is no mercy to be had here, I will endeavour to have patience, and undergo my fate as well as I can. L. C. J. (Holt.) Mr. Knightley, you have no reason to find fault; for when I was acquainted you were ill, and desired a physician, I ordered one to be sent to you; and yesterday in the afternoon you sent word you were so sick, that you could not be brought hither to day; but your doctor was with me last night, and upon discourse with him, I did apprehend you were not so ill, but that, especially considering the weather, you might very safely be brought to the bar to day. Knightley. The gentlemen that brought me the copy of the indictment found me very ill, and I have been ill ever since this day seven night. L. C. J. Well, now let us see what time we shall appoint for the trial. And since confession is an essential part of repentance, I do acknowledge I was to have been concerned in some part of the barbarous assassination, and was unhappily surprised into a consent to act in it, though in my heart I did abominate the fact as much as any man Wed-living; but under some honourable and fair pretences I was drawn in at first, and then of a sudden became so far engaged, that by a mistaken notion of honour, I thought I could not retreat without the infamy of cowardice. Att. Gen. (Sir Thomas Trevor.) When your lordship pleases to appoint. L. C. J. I think you cannot try it till nesday fortnight. Mr. Clark. That day is free, my lord. L. C. J. It being upon a Certiorari, the Venire fucius must be returnable upon a common day; and there must be 15 days between the teste and the return. Att. Gen. May it not be Tuesday, then, that the jury appear? L. C. J. You cannot have it before nesday, for that is the return day. My lord, I humbly crave your lordship's permission to acquaint you, how that some time since I was brought before some of the lords of his majesty's most honourable privy Wed-council, where I do assure your lordship, I did freely own and fully discover my being concerned in that horrid design: and I here openly confess the same, with that sorrow and repentance as becomes a man of honour and: conscience. Mr. Clark. Tuesday fortnight is appointed for the trial between Pride and the earl of Bath. Att. Gen. Then it must be upon Wednesday. for there must be fifteen days between the teste and the return.' L. C. J. Well, take back your prisoner, and bring him here again on Wednesday fortnight; you shall have a rule for it. (Then the prisoner was carried back.) WEDNESDAY, May 20, 1696. This day being appointed for the trial of the prisoner, he was brought to Westminster Hall, and the jury were called over as soon as the court appeared in the hall, and the defaulters recorded; and about eleven of the clock the prisoner was brought to the bar. Cl. of the Crown. Alexander Knightley, hold up thy hand. (Which he did.) Those good men that thou shalt hear called, and personally appear, are to pass between our sovereign lord the king and thee, upon the trial of thy life and death: If therefore thou wouldst challenge them, or any of them, thy time is to speak unto them as they come to the book to be sworn, before they be sworn. L. C. J. (Holt.) Mr. Knightley, I perceive you have a desire to speak something; let us hear what you have to say. Knightley. I humbly beg your lordship's leave, that I may speak before the jury be called. What I have to say, I beg I may have your leave to read, because I have a bad memory. (Reads.) My lord, I hope to save the jury and the witnesses against me a great deal of trouble, and design to take up very little of your lordship's time: but in the first place, I think myself obliged to thank your lordship for your great indulgence, in granting me so much time between my arraignment and trial; the greatest part of which I have employed to appear before the great tribunal of heaven. I speak in the face of the world here, that I am convinced I cannot hope to be happy here after, without a just abhorrence of, and a sin cere repentance for that crime for which I here stand indicted. VOL. XIII. My lord, there is one circumstance particular in my case, I most humbly beg leave to insist upon, and urge to your lordship in my behalf; which is, that it was upon my confession (as I conceive) that Mr. Harris, now a principal evidence against me, was first discovered; so that my own confession has been a great means to take away my life. lemn court to receive from your lordship the I expect after a few words now in this soSentence due upon the conviction, from my own mouth, of a crime for which I cannot in modesty hope, so much above my deserts, the king's most gracious pardon; yet the greatness of my offence does not rob me of all thoughts of mercy, whilst I throw myself absolutely and entirely at his majesty's feet for it; and I humbly beg of your lordship as a privy-counsellor, that you would represent my unfortunate case to their excellencies the lords justices of England, as an object of his majesty's favour. And now, my lord, I shall not detain your lordship and the court any longer, but my next words convict and lay me under the just sentence of death: so to my indictment I beg leave to plead Guilty, and throw myself entirely upon the king's mercy, and do desire my former plea to my indictment may be withdrawn. Cl. of the Cr. Thou hast been indicted and arraigned of high-treason in compassing and imagining the death and destruction of the king; how sayest thou, Alexander Knightley, art thou guilty of the high-treason whereot thou standest indicted, or not guilty? Knightley. Guilty, my lord. Cl. of the Cr. Art thou content to withdraw thy plea Not Guilty?-Knightley. Yes, Sir. Cl. of the Cr. Do you plead to the indictment Guilty or Not Guilty? Knightley. I am Guilty. Att. Gen. Then, my lord, we desire, since he relinquishes his plea of not guilty, that you will record his confession; and since he has confest the indictment, we have nothing more to do but wait the judgment of the court, D |