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.

Die Sabbati Nono Maii Anno Domini, 1696. Annoque Regni Gulielmi Tertii, Octavo.

At the Sessions-House in the Old-Baily, London.

Dominus Rex Versus Petrum Cook.

THIS day being appointed for the Tryal of Mr. Peter Cook, upon an Indictment of High Treason found against him by the Grant Jury for the City of London, upon the Commission of Goal-Deli∣very of Newgate, holden for the said City, upon which Indictment he had been Arraigned, and upon pleading not guilty, Issue had been joyned, and the Court having been adjourn'd unto this day for the Tryal for publick 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 the Prisoner at the Bar, those Men that you shall hear called, and perso∣nally appear, are to pass between our Sovereign Lord the King and you, upon Tryal 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 my self 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?

Mr. Ewer.

Yes, Sir, I am a Freeholder.

Cook.

Sir, I challenge you.

Cl. of Arr.

Henry Sherbrook.

Cook.

Sir, are you a Freeholder in London?

Mr. Sherbrook.

Yes, Sir, I am.

Cook.

I challenge you.—No, Sir, I beg your Pardon, I do not chal∣lenge you.

Cl. of Arr.

Then hold Mr. Sherbrook the Book: (Which was done.) Look upon the Prisoner: You shall well and truly try and true Deliverance make between our Sovereign Lord the King, and the Prisoner at the Bar, whom 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?

Mr. Billers.

Yes, I am.

Cook.

I challenge you, Sir.

Cl. of Arr.

John Brand.

Cook.

Pray, Sir, don't go too fast; Are you a Freeholder in London, Sir?

Mr. Brand.

I am no Freeholder in London.

L. C. J. Treby.

What say you, Mr. Attorney?

Mr. Att. Gen.

My Lord, I would not have any body that is not a Free∣holder serve; so he was set by.

Cl. of Arr.

William Hall.

Mr. Hall.

My Lord, I am no Freeholder in London.

L. C. J. Treby.

Why, what Estate have you?

Mr. Hall.

What I have, is in Leases.

L. C. J. Treby.

What, Leases for Years, or Leases for Lives?

Mr. Hall.

Leases for years, Sir.

L. C. J. Treby.

Then he cannot serve upon the Jury.

Cl. of Arr.

Edward Leeds.

Cook.

Hold, Sir, let me see; are you a Freeholder in London, Sir?

Mr. Leeds.

Yes, Sir.

Cook.

Sir, I challenge you then.

Cl. of Arr.

Thomas Clark.

Cook.

Hold, Sir, I pray let me look upon my Paper. I challenge him. A St••nder••by, He does not appear.

Cl. of Arr.

Nathan Green.

Cook.

Where is he, Sir? Are you a Freeholder?

Mr. Green.

Yes, I am, Sir.

Cook.

I challenge you.

Cl. of Arr.

Thomas Emes.

Cook.

Are you a Freeholder, Sir?

Mr. Emes.

Yes, I am.

Cook.

Were you one of Sir John Friend's Jury?

Mr. Emes.

Yes, I was.

Cook.

Then I challenge you for Cause, and I give you my Reason.

Mr. Serj. Darnall.

I pray, let us hear your Reason; give your Reason for your challenge.

Cook.

It is for being of Sir John Friend's Jury.

Mr. Serj. Darnall.

Then you challenge him for Cause:

Cook.

Yes, that he was of Sir John Friend's Jury.

L. C. J. Treby.

Well, Brother Darnall, how is that a Cause of Challenge? You are the Prisoner's Council, let us hear what you say to it.

Mr. 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 try'd for the same Species of Treason that this Gentleman, the Prisoner, is charged with in this Indictment; and I think the Witnesses at that Tryal 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 ac∣cused. 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 try'd for.

Mr. Att. Gen.

Sure Mr. Serjeant is not in earnest in this Objection.

Mr. Serj. Darnall.

My Client thinks it a very good Objection, That he is not indifferent, and I desire he should be satisfied in it.

Mr. Att. Gen.

If he thinks so, he may except against him, but if he insists upon it as a cause of Challenge, we desire you would put the Case, and my Lords the Judges determine it.

Mr. 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.

Mr. 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.

Mr. Serj. Darnall.

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?

Mr. Byer.

Yes, I am.

Cook.

I challenge you.

Cl. of Arr.

James Denew.

Mr. Denew.

I am no Freeholder.

Cl. of Arr.

Henry Hunter.

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 chal∣lenged 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?

Mr. Hall.

Yes, I am, Sir.

Cook.

I challenge you.

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 Free∣holder 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 Free∣holder.

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 Judg∣ment, 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 Court, Mr. Cook, that it will not hold as a cause of challenge that he was of Sir John Friena's Jury, therefore those are all reckoned among the peremptory chal∣lenges, 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 Arr.

John Reynolds.

Cook.

I except not against him.

(He was sworn).

Cl. of Arr.

Joseph Brookbank.

Cook.

I have nothing to say to him.

(He was sworn).

Cl. of Arr.

Adam Bellamy.

Mr. Bellaney.

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.

Mr. Bellamy.

I have only a Lease.

L. C. J. Treby.

A Lease for years?

Mr. Bellamy.

Yes, my Lord.

Cl. of Arr.

David Grill.

Mr. Grill.

I am no Freeholder, my Lord.

Cl. of Arr.

William Rawlins.

Cook.

I accept of him.

(He was sworn).

Cl. of Arr.

Samuel Roycroft.

Cook.

Are you a Freeholder, Sir?

Mr. Roycroft.

Yes, Sir.

Cook.

I challenge him.

Cl. of Arr.

Thomas Parker.

Cook.

How many have I to challenge, do you say?

Cl. of Arr.

But one Sir; What say you to Mr. Parker?

Cook.

I do not except against him.

(He was sworn).

Cl. of Arr.

James Robinson.

Cook.

I have nothing to say to him.

(He was sworn.)

Cl. of Arr.

Joseph Morewood.

Cook.

I challenge him.

Mr. Baker.

You have challenged all your number now.

Cl. of Arr.

My Lord, we have gone through the Pannel, we must now call the Defaulters again. Thomas Clark.

Mr. Clark.

Here.

Sir B. Shower.

Was he here when he was called over?

Mr. Arr. Gen.

That's nothing, he is here now.

Sir B. Shower.

But if there be a Default of the Jury, and the King's Coun∣cil have challenged any one, they ought to shew their Cause; therefore we desire that they may shew their Cause why they challeng'd Mr. Sim∣mons.

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 Council must shew cause.

Sir B. Shower.

Here is a Default of Jurors, my Lord.

L. C. J. Trebr.

No body is Recorded absolutely a Defaulter, if he comes in time enough to be sworn.

Cl. of Arr.

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 Arr.

James Dry.

Mr. 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.

Mr. Serj. Darnall.

No, my Lord, the Officers admit it.

Mr. Att. Gen.

My Lord, we desire those Gentlemen, that say they are no Freeholders, may be sworn to that matter.

(Which was accordingly done.) And several of them that had staid, did deny the having of any Freehold upon Oath, and some were gone away.

L. C. J. Treby.

Pray take care to estreat the Issues, and return greater Issues the next time.

Mr. J. 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 Arr.

Pray, let the Officers be called who summoned this Jury, Mr. Sheriff.

(Which was done.) And they examined concerning their summoning those who made Default, and the Issues of those who were recorded as Defaulters were ordered to be Estreated.

Then the Court not being able to proceed for want of a Jury, they ordered another Pannel to be ready against Wednesday next, to which time at Seven in the Morning, the Court was by Proclamation adjourned.