Woodburne was impeached by his sudden disappearance; and the affair having created a great deal of excitement in the neighbourhood, he was followed and secured, and then he exposed the enormity of his offence, by confessing the whole of the circumstances attending its commission. Mr. Cooke was also taken into custody, and a bill of indictment was preferred at the ensuing assizes, at Bury St. Edmunds, upon which the two prisoners were tried and found guilty.
Upon their being called up to receive sentence of death, Cooke desired to be heard: and the court complying with his request, he urged that “judgment could not pass on the verdict, because the act of parliament simply mentions an intention to maim or deface, whereas he was firmly resolved to have committed murder.” He quoted several law cases in favour of the arguments he had advanced, and hoped that judgment might be respited till the opinion of the twelve judges could be taken on the case.
Lord Chief Justice King, however, who presided on this occasion, declared that he could not admit the force of Mr. Cooke’s plea, consistently with his own oath as a judge: “for (said he) it would establish a principle in the law inconsistent with the first dictates of natural reason, as the greatest villain might, when convicted of a smaller offence, plead that the judgment must be arrested, because he intended to commit a greater. In the present instance therefore judgment cannot be arrested, as the intention is naturally implied when the crime is actually committed.”
Sentence of death was then passed, and the prisoners were left for execution. After condemnation, the unhappy man Woodburne exhibited signs of the most sincere penitence; but his wretched tempter to crime conducted himself with unbecoming reserve and moroseness, steadily denying his guilt, and employing his most strenuous exertions to procure a pardon.
The 3d April, 1722, was at length fixed for the execution of the sentence, and Cook was hanged at four in the morning of that day, in obedience to a request which he made, in order that he should not be exposed to the public gaze; while Woodburne was turned off, in the afternoon, on the same gallows. The execution took place at Bury St. Edmunds, the crime having been committed within a mile of that place.
CHRISTOPHER LAYER, ESQ.
EXECUTED FOR HIGH TREASON.
MR. LAYER was a barrister of considerable standing and reputation, at the time when he was convicted and executed on a charge of being the projector of a scheme for the destruction of the king, and the subversion of the government, which had for its object the elevation of the Pretender to the throne of England.
Numerous were the plots which had been laid for the same purpose, and frequent were the proceedings which had been had upon complaints laid before the various courts of criminal justice in the kingdom, since the year 1715, when the rebellion first broke out; but the plan laid by Mr. Layer was one of those which gained the greatest degree of notoriety. This infatuated man had received a liberal education, and was a member of the society of the Inner Temple; but being impressed with the possibility of the success of a scheme for the dethronement of the existing monarch, and the elevation of the Pretender to the rank, to which it was contended that he was entitled, he made a journey to Rome, in order to confer with that prince upon the propriety of putting his design into execution, promising that he would effect so secret a revolution in England, that no person in authority should be apprised of the scheme until it had been actually completed. Having procured the concurrence of the prince, he instantly returned to London, and proceeded to the completion of his preparations His plan was to hire an assassin to murder the king on his return from Kensington; and, this being done, the other parties engaged in the plot were to seize the guards; and the Prince of Wales and his children, and the great officers of state, were to be secured, and confined during the confusion that such an event would naturally produce.
Mr. Layer having settled a correspondence with several Roman Catholics, non-jurors, and other persons disaffected to the government, he engaged a small number of disbanded soldiers, who were to be the principal actors in the intended tragedy. A meeting of the whole of the partisans having, however, been held at Stratford, they talked so loudly of the plot, that their designs were suspected, and information was conveyed to the authorities; upon which Mr. Layer was taken into custody, under a secretary of state’s warrant, and conveyed to the house of a king’s messenger for security. His chambers being searched, papers were found, the contents of which sufficiently indicated his intentions, and witnesses as to repeated declarations on his part, in reference to the rebellion, having been discovered in the persons of two women, who were living under his protection, it was determined that a prosecution should be instantly commenced against him. But it was not until he had nearly given his jailers the slip, that this determination was carried into execution with effect; for it appears that the prisoner became convinced of the practicability of an escape from the room where he was confined, through an ale-house, which was situated at the back of the messenger’s house, and resolved to make the attempt to procure his liberty. He therefore formed a rope of his blanket, and, dropping from the window of his apartment, he fell into the yard below, unscathed; but in his descent, he overset a bottle-rack, and from the noise which was caused, the family of the house was disturbed. Mr. Layer managed, nevertheless, to gain the street in the confusion which prevailed; but being instantly pursued by officers, he was traced to have taken a boat at the Horse Ferry, Westminster, from thence to St. George’s Fields; and he was at length overtaken at Newington Butts. On the following day he was committed to Newgate; and a Grand Jury of the county of Essex having found a true bill against him for high treason, his trial came on before Chief Justice Pratt, and the other judges of the Court of King’s Bench, in the month of January 1723, when, after an inquiry, which lasted sixteen hours, he was found guilty, and sentenced to death in the customary manner.
As he had some important affairs to settle, from the nature of his profession, the court did not order his execution till more than two months after he had been condemned; and the king repeatedly reprieved him, to prevent his clients being sufferers by his affairs being left in a state of confusion.
After conviction, Mr. Layer was committed to the Tower; and at length the sheriffs of London and Middlesex received a warrant to execute the sentence of the law. He was carried to Tyburn on a sledge, on the 15th March 1723, to be hanged, being dressed in a suit of black, full trimmed, and wearing a tie-wig. At the place of execution he was assisted in his devotions by a nonjuring clergyman; and when these were ended, he spoke to the surrounding multitude, declaring that he deemed King James (so he called the Pretender) his lawful sovereign. He said that King George was a usurper, and that damnation would be the fate of those who supported his government. He insisted that the nation would never be in a state of peace till the Pretender was restored, and therefore advised the people to take up arms in his behalf. He professed himself willing to die for the cause, and expressed great hopes that Providence would eventually support the right heir to the throne. His body having been suspended during the accustomed time, it was quartered, and the head was afterwards exposed on Temple Bar. Among others concerned in this strange scheme was Lord Grey, an ancient nobleman of the Roman Catholic religion, who died a prisoner in the Tower, before the necessary legal proceedings against him could take place.
PHILIP ROACH,
EXECUTED FOR PIRACY AND MURDER.
THIS fellow was a native of Ireland, and having, during his youth, followed a seafaring life, he was advanced to the position of first mate, on board a West-Indiaman, which sailed to and from Barbadoes. Having, however, become acquainted with a fisherman named Neale, who hinted to him that large sums of money might be acquired by insuring ships, and then causing them to be sunk, to defraud the insurers, he was