make use of that opportunity which is now put into your hands, to repent. And since you are adjudged by the law unworthy to live here, that you will make preparation to appear at another tribunal, where you must have another trial, 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 principles and doctrines have so far perverted and corrupted you, as to engage you in such a bloody design. I shall leave you to make that preparation for another world, which is proper for men in your condition, and pronounce the judgment of the court, which the law hath appointed and the court does award: That all of you be conveyed from hence to 'the prison from whence you came, and from 'thence every one of you is to be drawn upon 'a hurdle to the place of execution, where you are to be hanged by your necks, and to be cut down while you are alive, your privy-mem'bers are to be cut off, and your bowels are to 'be cut out of your bodies, and burnt in your 'view; your heads are to be cut off, and your 'bodies to be divided into four parts, and your 'heads and quarters are to be disposed where 'his majesty shall appoint. And I pray God 'to have mercy on all your souls.' Cranburne. I humbly desire the liberty of my wife and relations to come to me, and such divines as I shall desire may have free recourse to me. L. C. J. You shall have that liberty that is allowed to all persons in your condition. Rookwood. I must beg the same favour to have some few friends and relations come to see me without a keeper. L. C. J. You shall have a warrant for your friends to come to you. Rookwood. I beg your lordship that you would please to specify it in the warrant, because they would not grant it hitherto without a keeper being by. L. C. J. You mean, you would have your brother permitted to come to you. Rookwood. Yes, and some few relations. L. C. J. What is usually done in such cases, let it be done. Lowick. My lord, I desire the same thing, that my sister may come to me, and that the little time I have, I may be in private with my friends. Att. Gen. If your lordship please, they may give the names of those they would have admitted to them, and then the keeper will attend your lordship for your direction. L. C. J. That the keeper must take care of, lest they allow such a liberty as may endanger an escape; for their being alone may prove a dangerous thing. Att. Gen. It is reasonable they should tell who they are, before they be admitted. L. C. J. You allow them, I suppose, to have private discourse in the same room, if a keeper be by. Cranburne. No, my lord, we never had. Att. Gen. Such as your lordship thinks. proper to be admitted to them may have discourse with them in private, if the keeper be in the room, but no others but such as your lordships shall allow; for we know what has been the effect of a liberty of access to some prisoners. L. C. J. Let us have a note of those names that you would have come to you, and we will give directions that shall be proper in it. Cl. of Ar. Sheriff of Middlesex, you must take them into your custody till execution is done. Then the Keeper took away the Prisoners. wood, Robert Lowick, and Charles Cranburne, On Wednesday, April 29, Ambrose, Rookwere drawn to Tyburn, where the two former delivered the following Papers to the sheriffs. MAJOR LOWICK'S PAPER. In the name of the Holy Trinity, Father, Son, and Holy Ghost, Amen. In the first place, I die in the religion I was baptized, viz. Roman Catholic, and humbly beg the prayers of all good people for a happy resurrection, and of all Catholics for the good of my soul. As for being engaged in this for which I die, it was never so positive that I had a horse from the beginning to the very last, nor never see any allowed me, or the two men I was to provide, as was sworn against me at my trial; nor had I any on that account; nor was I at any of their meetings when they settled any such thing. And as for any order or commission from king James, I never see any since I came last into England, which is now about five years; and I am confident none that knows king James will believe he would give any such order. Indeed, I must confess, I believe king James was a-coming to assert his own right; and I should, if on shore, have done any thing in my power to have assisted him; and, in order to that, I should have been very glad to have had a horse, but never had any. And as for being concerned in any bloody affair, I never was in my life, but have done my endeavour to prevent, as much as I could, on all occasions; and if the killing the most miserable creature in the world, or greatest enemy, would now save my life, restore the king, and make me one of the greatest men in England, I first would choose to die, because against the Law of God. If any who are now sufferers on this account, think I have been too forward, and a promoter to this design, I do now declare it was never my inclination to do any rash thing. However, I beg their pardons, and of all the world I have offended, either in thought, word, os any action whatsoever, and do freely forgive my enemies, and hope, through the mercy of my Saviour Jesus Christ, to have remission of all my sins. Good God preserve the king, queen, prince, and princess, and all that royal blood of Stuarts; and may England never want one of that direct line to govern them, and make them once more happy! I have had the honour to serve my royal master in several commissions, and the last as major, and strove ever to serve him to the best of my power, and ever to be just to those whom I had the honour to command. Lord Jesus, into thy hands I recommend my spirit! O Jesus, receive my soul ! ROBERT LOWICK. BRIGADIER ROOKWOOD'S PAPER. Having committed the justice of my cause, and recommended my soul to God, on whose mercies, through the merits of Jesus Christ, I wholly cast myself, I had once resolved to die in silence; but second thoughts of my duty to others, chiefly to my true and liege sovereign king James, moved me to leave this behind me. I do therefore, with all truth and sincerity, declare and avow, that I never knew, saw, or heard of any order or commission from king James for the assassinating the prince of Orange, and attacking his Guards; but I am certainly informed that he, the best of kings, had often rejected proposals of that nature when made unto him. Nor do I think he knew the least of the par ticular design of the attacking the Guards at his landing, so much talked of, in which I was engaged as a soldier, by my immediate commander, much against my judgment; but his soldier I was, and as such I was to obey and act according to command. These twelve years I have served my true king and master, king James, and freely now lay down my life in his cause. I ever abhorred treachery, even to an enemy; if it be a guilt to have complied with what I thought, and still think, to have been my duty, I am guilty. No other guilt do I own. As I beg all to forgive me, so I forgive all from my heart, even the prince of Orange, who, as a soldier, ought to have considered my case before he signed the warrant for my death. I pray God may open his eyes, and render him sensible of the much blood, from all parts, crying out against him, so to prevent an heavier execution hanging over his head, than what he inflicts on me. AMBROSE ROOKWOOD. After which they were executed as traitors, according to their sentence. 389. The Trial of PETER COOK, at the Old-Bailey, for High Treason: 8 WILLIAM III. A. D. 1696. Saturday, May 9, 1696. THIS day being appointed for the trial of Mr. Peter Cook, upon an indictment of high-treason found against him by the grand jury for the city of London, upon the commission of gaoldelivery of Newgate, holden for the said city, upon which indictment he had been arraigned, and upon pleading not guilty, issue had been joined; and the court having been adjourned unto this day for the trial by public 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 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 trial 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 myself 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 P 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 lord the king and the prisoner at the bar, whom true deliverance make between our sovereign 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? Cook. Pray, sir, don't go too fast? Are a freeholder in London, Sir? you Brand. I am no freeholder in London. L. C. J. Treby. What say you, Mr. Attorney? Att. Gen. (Sir Thomas Trevor.) My lord, 1 would not have any body that is not a free- Hull. My lord, I am no freeholder in London. L. C.J. Treby. What, leases for years, or leases for lives?-Hull. Leases for years, Sir. L. C.J. Then he cannot serve upon the jury. Čl. of Arr. Edward Leeds. Cook. Hold, sir, let me see; are you a freeholder in London, Sir? Leeds. Yes, Sir. [Challenged.] Cl. of Arr. Thomas Clark. Cook. Hold, Sir, I pray let me look upon my paper. I challenge him. A Stander-by. He does not appear. Cook. Where is he, Sir? Are you a freeholder? Green. Yes, I am, Sir. [Challenged.] Cook. Are you a freeholder, Sir? Cook. Were you one of sir John Freind's jury?-Emes. Yes, I was. Cook. Then I challenge you for cause, and I give you my reason. Serj. Darnall. I pray, let us hear your reason; give your reason for your challenge. Cook. It is for being of sir John Freind's jary. Serj. Darnall. Then you challenge him for cause. Cook. Yes, that he was of sir John Freind's jury. L.C.J. Treby. Well, brother Darnall, how is that a canse of challenge? You are the prisoner's counsel, let us hear what you say to it? 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 tryed for the same species of treason that this gentleman, the prisoner, is charged with in this indictment; and I think the witnesses at that trial 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 tried for. Att. Gen. Sure Mr. Serjeant is not in earnest in this objection. Serj. Darnall. My client thinks it a very good objection, that he is not indifferent, and I desire be should be satisfied in it. Att. Gen. If he thinks so, he may except against him; but if he insist upon it as a cause of challenge, we desire you would put the case, and my lords the judges determine it. 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. 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.* Serj. Durnall. 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? 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? Cook. Sir, are you a freeholder in London? Cl. of Arr. John Cox. 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? Hedges. Yes, Sir, I am. [Challenged.] James. My lord, my name is not Thomas. Cook. Are you a freeholder in London, Sir? Poole. Yes, Sir. Cook. I challenge him, as being of sir John Freind's jury. Att. Gen. That has been over-ruled already. Cook. Are you a freeholder in London? Cook. I challenge you, Sir, as being one of sir John Freind's jury. Mr. Baker. Nay, you cannot offer it again. Cook. I challenge him. Cl. of Arr. George Grove. Cook. Where is he? Are you a freeholder in London, Sir? Grove. Yes, Sir. [Challenged.] * See the seventh Resolution in the Case of the Regicides, Vol. 5, p. 985, and the Case of Charles Cranburne, p. 221 of this Volume. Cl. of Arr. Samuel Blewit. Cook. Are you a freeholder, Sir? Cook. Are you a freeholder, Sir? Cook. I do not challenge him. Cl. of Arr. Then swear Mr. Fenwick. [Which was done.] Cl. of Arr. Benjamin Hooper. Cook. Which is the gentleman? Are you a Cook. I challenge him as being one of sir Cl. of Arr. The court has adjudged that no cause of challenge; therefore I take no notice of it, but as to a peremptory challenge. Cl. of Arr. Richard Chiswell. Cl. of Arr. John Sherbrook. Cook. I challenge him, as being one of sir John Freind'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. Pray give me time to mark them; Cook. Sir, are you a freeholder? Cook. I do not except against him. [Was sworn.] Cl. of Ar. John Stredwick. Stredwick. My lord, as I apprehend, I am no freeholder. L. C. J. Treby. Why do you apprehend so? Stredwick. It is my wife's estate, not mine. Cl. of Ar. Then your wife has a freehold, it seems.- -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 Cook. Are you a freeholder in London, Sir? give it from him. Cook. Hold, pray, a moment; I have not crossed these last in my paper, but I challenge this man as being one of sir John Freind's jury. Mr. Baker. You have had that answered over and over again, as no objection; it is nothing but a peremptory challenge. Cl. of Arr. William Walker. Walker. I was one of sir John Freind's jury. Cl. of Arr. John Wells. Cook. Sir, are you a freeholder? Wells. Yes, Sir, I am. [Challenged.] 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? Hibbert. Yes, I am, Sir. [Challenged.] Cl. of Arr. Daniel Wray. Cook. Stay, Sir, are you Mr. Wray? Cook. Are you a freeholder in London, Sir? Cook. I challenge you. Cook. Which is he? Petit. I am the man, Sir. Cook. Are you a freeholder in London, Sir? Cook. Sir, are you a freeholder in London, or no? Stredwick. I apprehend, Sir, I am not. Mr. Baker. He says he has an estate for his wife's life. Cl. of Ar. Then he is a freeholder, What do you say to him? Cook. Are you positive you are a freeholder in London, upon your word? Stredwick. I think not. Mr. Baker. Why, your wife's estate is yours for your life. Cook. My Lord Chief Justice, if your lordship pleases, here is a man that says positively he thinks he is no 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. Stredwick. I am not possessed of an estate myself. L. C. J. Treby. But is not your wife an inberitrix ? 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 counsel 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, as being one of sir Att. Gen. We challenge him for the king. Cook. Are you a freeholder, Sir? Cook. Pray tell me whether you are, or not? Cook. Where is Mr. Brewster? Are you a freeholder, Sir, in London ? Brewster. Yes, Sir. Cook. I challenge him. Pray, Sir, I desire to know how many I have challenged? Mr. Baker. You have challenged 33. Cook. How many besides those that are of sir John Freind's jury? Mr. Baker. You have but two more to chal. lenge, Sir. Serj. Darnall. I thought you had heard the opinion of the court, Mr. Cook, that it will not hold as a cause of challenge that he was of sir John Freind's jury; therefore those are all reckoned among the peremptory challenges, and you can challenge but two more in all. L. C. J. Treby. Not without cause, but as many more as you can have good cause against. Cl. of Ar. John Reynolds. Cook. I except not against him. sworn.] Ch. of Ar. Joseph Brookbank. Cook. I have nothing to say to him. was sworn.] Cl. of dr. Adam Bellamy. [Was Att. Gen. That is nothing, he is here now. Sir B. Shower. But if there be a default of the jury, and the king's counsel have challenged any one, they ought to shew their cause; therefore we desire that they may shew their cause why they challenged Mr. Simmons ? L. C.J. Treby. The king has power to challenge without shewing cause till the pannel be gone through; but if there be a default of jurors when the king challenges, the king's counsel must shew cause. * Sir B. Shower. Here is a default of jurors, my lord. L. C. J. Treby. Nobody is recorded absolutely a defaulter, if he comes in time enough to be sworn, Cl. of Ar. Swear Mr. Clark. [Which was done.] L. C. J. Treby. When there is an apparent default of jurors, then they must shew their cause: but here his appearance, it seems, was recorded, and so he was no defaulter; and you might have challenged him for cause still. Cl. of Ar. James Dry. Dry. My name is not James. Serj. Darnall. Then you cannot swear him : here are three mistaken in their names. L. C. J. Treby. That is in the copy in your brief, brother, it may be. Serj. Darnall. No, my lord, the officers admit it. Att. Gen. My lord, we desire those gentle[He men, that say they are no freeholders, may be sworn to that matter. [Which was accordingly done. And several of them that had stayed, did deny the having of any freehold upon oath, and some were gone away.]. Bellamy. My lord, I am no freeholder. L.C.J. Treby. Why, what estate have you? Mr. Baker. He has estate enough, I know, for value. Bellamy. I have only a lease. L. C. J. Treby. A lease for years? Cl. of Ar. David Grill. Grill. I am no freeholder, my Cl. of Ar. William Rawlins. lord. Cook. I accept of him. [He was sworn.] Cook. How many have I to challenge, do you say? Cl. of Ar. But one, Sir; What say you to Mr. Parker? Cook. I do not except against him. [He was sworn.] Cl. of Ar. James Robinson. Cl. of Ar. Joseph Morewood. [Challenged.] number now. Cl. of Ar. My lord, we have gone through the pannel, we must now call the defaulters again. Thomas Clark.-Clark. Here. Sir B. Shower. Was he here when he was called over? L. C. J. Treby. Pray take care to estreat the issues, and return greater issues the next time. Just. Rokeby. Truly, the court must put some great penalty upon them for trifling with the court in respect of their duty that they owe to the king and country, in regard of their estates. Cl. of Ar. Pray let the officers be called who summoned this jury, Mr. Sheriff. [Which was * See the Case of Horne Tooke, a. D. 1794, and of O'Connor and others, A. D. 1798. Leach's Hawkins's Pleas of the Crown, b. 2, c. 43, s. 3, and the authorities there cited. The words of the Ordinatio de Inquisitionibus (33 Edw. 1.) are," Of inquests to be taken before any of the justices, and wherein our lord the king is party, howsoever it be, it is agreed and ordained by the king and all his council, that from henceforth, notwithstanding it be alledged, by them that sue for the king, that the jurors of those inquests, or some of them, be not indif. ferent for the king, yet such inquests shall not remain untaken for that cause; but if they that sue for the king will challenge any of those jurors, they shall assign of their challenge a cause certain, and the truth of the same chal lenge shall be inquired of according to the custom of the court.", |