vasion. dinner, when their attendance was fixed and constant. sconded, but was abroad, and appeared openly (for three weeks after) till such time as he was taken. This the king's counsel say is no It ought to be considered also, that here are proof that he is not guilty, and their evidence several circumstances, some of which seem untrue. They say he might have a confi- very pregnant. It is agreed on all hands, that dence, and the rather because he is not charged the prisoner dined there with those other with the assassination; for at that time these seven persons, concerning four of whom we witnesses speak of, nothing was discovered must conclude nothing; but concerning three and public but the assassination; for it was of them we in this court may take notice, they before sir John Freind's trial; and then was are attainted of high-treason, and so it is evithe great discovery of the secret of the in- dent that the prisoner was for a long time a companion of three traitors, and had a converThen he shews farther as to his conversation,sation with them. I do not find that he had that he is a man of a very sober life, never was any occasion to be there; nor any of the rest known to swear, that he drinks but little, and of the company. Concerning my lord of Aylesis a godly man, and often says his prayers. bury, indeed, it is said he proposed to treat As to that, the king's counsel on the other side about a hogshead of white wine. But that tell you, that has been pretended to by other seems to be casual, and not the end of his people too; and the question is not about coming, and dining with this company there. religion, but this fact that you are now to try. But be that how it will, that relates to his Whether he be so religious, or no, as he pre- lordship alone. But for the others I do not tends, or whether he be sincere in his devotion, find they do pretend any occasion of meetthat is not so much the matter now; but the ing there; and therefore it leaves it the more question is, Whether he has offended in this suspicious: and it is the more so, because it kind as he stands accused? They produce a was managed so privately and cautiously. gentleman, one Mr. Hamond, and he says that They were not attended according to their he is a very conscientious man, and particu- qualities. The lords went away together in a Jarly is a great lover of his country; and he hackney-coach that was called, as they had has often heard him declare a detestation of come thither in another. The rest thought fit an invasion by a French force, and wish suc- to stay there till it was dark: and as soon as it cess to the fleet; but that which he remem- was so, went away. There was some exbers chiefly, was about the time of the dis-traordinary cause for all this. It did import covery of this Plot. The king's counsel an- the prisoner to shew that it was for some good swer to this, that a man may use such kind of cause and purpose. expressions, perhaps, to cover his guilt; and in And further, it is observable that this house the reply to sir Bartholomew Shower's obser- was a place which, as the master says, none of vations, it was taken notice of by Mr. Solicitor, this company did use to resort to except sir (what we all cannot but remember) that the John Freind: which makes it probable" (this like evidence was given as to sir John Freind, being a house that sir John Freind frequented, that he did detest an invasion, and was present and none of the others) that he bespoke this at the common-prayer when king William place, and brought the rest thither: and if it was prayed for, and declared against Plots; were so, that makes it more probable that there and that if they catched him in the corn they was such a treason there to be hatched, as is might put him in the pound. These things a evidenced by the king's witnesses; for you man might say, and it is the lightest evidence may remember, and it appears by the record in that can be given, being discourses out of this court, that sir John Freind was indicted and men's own mouths, who will never proclain attainted (not for the assassination, but) for the their own guilt; and therefore it is the weak-treason for which the prisoner is nowa-trying, an est defence that can be offered. But, gentle-invasion that was to be supported with an insurmen, you are to consider the other evidence that has been produced by the prisoner, given by several witnesses, and who are upon their oaths now as well as the king's witnesses. And his counsel say their witnesses, but particularly the three upon whom they chiefly rely, have no objection made out against them; and no man's testimony ought to be presumed to be false. And it must be taken notice of, that they can speak only according to their belief, grounded on their observation and memory, that they did not, so far as they observed, or remember, see Mr. Goodman there, as it was most probable they should if he had been. But it is possible they might overlook, or forget; the rather for that they were not of the company, but in and out, up and down; and Mr. Goodman was not there at rection. Now if sir John Freind was chiefly acquainted with this house, and brought this company together, it is very probable it was about this business which sir John Freind was so concerned in. And that he is attainted for it, appears upon the record before us; which should be read: but that the prisoner's counsel admit it, and are so far satisfied in it, that they won't arraign the verdict; nay they did acknowledge that there was a piot; and there was no doubt of it, there was such a plot. Now then, Gentlemen, here it is certainly proved by these two witnesses, (and not gainsaid by the prisoner's own witnesses) that there was such a meeting, and that the prisoner was there; and they both have positively sworn that this treason was committed there. You have heard what has been objected to their [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. [Which was done.] Peter Cook, hold up thy hand. [Which he did.] Look upon the pri soner; how say you, is he guilty of the hightreason whereof be stands indicted, or not guilty?-Foreman. Guilty. tenements had he at the time of the treason Cl. of Ar. What goods or chattels, lands or committed, or at any time since ? Foreman. None to our knowledge. the court has recorded it: you say that Peter Cl. of Ar. Then hearken to your verdict as 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. About 6 o'clock, the Court being by procla mation resumed, the prisoner convicted was brought to the bar in order to judgment. Cl. of Ar. Peter Cook, hold up thy hand. [Which he did.] Thou stand'st convicted of high-treason, for compassing and imagining the death of his majesty king William the 3rd, and for adhering to the king's enemies: what should not give thee judgment to die according can'st thou say for thyself, why the court to the law? Cook. My lord mayor, my eyes are very bad, therefore I desire your lordship would be pleased to take this paper, and that it may he read. 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 one 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 Cl. of Ar. Have you any thing to say in arrest of judgment? Cook. I desire my Paper may be read. [It was banded up to the court, and then delivered down to Mr. Attorney General, and the king's counsel, but not openly read.] 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 the court have read your paper you sent up, Recorder. [Sir Salathiel Lovell.] Mr. Cook, do not remember it. Mr. Porter, and Mr. Goodman himself says, he was there. Now, and have communicated it to the king's counthese things agreed, and admitted, would make sel; if you have any thing to move in an ara very consistent clear evidence, that Mr. Good-rest of judgment, this is your time, and we man was there, though the master and drawers of your case to any others, that must be conwill hear you; but as for any representation did not observe, or do not remember his being sidered of afterwards; you are now called to there. your judgment. 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 insults of France. And the love which that noble prince did bear, not only to us but to our neighbours also, disposed him to embrace that invitation; 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. 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. Recorder. Mr. Cook, there is nothing appears upon this paper that is matter of law, and so not serviceable to you now, and therefore 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. 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 too. Cook. I desire your lordship would do it. ment. 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 kingdoms, of all qualities, ranks and degrees, did find it absolutely necessary for the preservation of themselves and the neighbouring nations now in alliance with us, to pray in aid of the then prince of Orange, as a person not 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: That you, Peter Cook, be taken hence to 'the place from whence you came, and thence be drawn upon a hurdle to the place of exe'cution, where you are to be hanged by the neck, and cut down before you be dead; that your bowels be taken out, and your privy *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 dis'posal; 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. "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, the compliments of several persons to the king; was introduced to king James, and carried over 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 rowing 6,000l. they were directed to lord Ailesover instructions from king James for the borbury, 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. at a tavern in Holborn, where were the lord "He says at that time, there was a meeting 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." 390. 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 Alexander 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 muskets, rapiers and swords, and other wea pons, ammunition, and warlike things, and military instruments, falsly, maliciously, secretly, and traitorously you did obtain, buy, gather together, and procure, and to be bought, obtained, gathered together, and procured, did cause, with that intent to use, employ, aud bestow them in and about the detestable, horrid, and execrable assassination, killing, and murder of our said lord the king that now is, as aforesaid; and the same premisses the more safely and surely to execute, do, and perform, you the said Alexander Knightley, with one Edward King, late for high treason, in contriving and conspiring the death of our said lord the lying in wait, should be done, performed, and committed, to view, search, and observe the conveniency and fitness of the same place for such lying in wait, assassination, and killing there to be made, performed, and committed; and that place so being seen and observed, afterwards, to wit, the said day and year, your observations thereof to some of the said traitors and conspirators you did relate, and im part, to wit, at the parish aforesaid, in the county aforesaid, against the duty of your allegiance, and against the peace of our said sovereign lord the king that now is, his crown and dignity, and against the form of the statute in this case made and provided. How sayest thou, Alexander Knightley, art thon guilty of the high-treason whereof thou standest indicted, or Not Guilty? and bring, and his faithful subjects, and the freemen of this kingdom of England, into intolerable and most miserable slavery to Lewis the French king to subdue and inthral; the tenth day of February, in the seventh year of the reign of our said sovereign lord the king that now is, and divers other days and times as well before as after, at the parish of St. Paul Covent Garden aforesaid, in the county aforesaid, falsely, maliciously, devilishly, and traitorously you did compass, imagine, and contrivé, purpose, design, and intend our said sovereign lord the king that now is to slay, kill, and murder, and a miserable slaughter among the faithful subjects 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 horseback, 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, Knightley. Not guilty. Cl. of Ar. Culprit, How will you be tried? 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, |