THE ARRAIGNMENT c. OF Sir Richard Grahme Baronet Viscount PRESTON in the Kingdom of Scotland AND John Ashton Gent. Anno Regni Domini WILLIELMI Dominae MARIAE Angl. c. Secundo Die Veneris 16. die Januarii Anno Dom. 1690. The King and Queens Writ of Habeas Corpora was sent to the Governour of the Tower of London to bring up the Bodies of Sir Richard Grahme Baronet Viscount Preston in the Kingdom of Scotland John Ashton and Edmund Elliot Gent. to the Sessions-house in the Old-Baily London where they were brought between the hours of Ten and Eleven in the Forenoon and being placed at the Bar were Arraigned upon an Indictment of High-Treason found the day before by the Grand-Jury for the County of Middlesex at Hicks Hall in manner following Cl. of Arraignments SIR Richard Grahme hold up your hand Which he did and so the other two You stand indicted by the names of Sir Richard Grahme late of the Parish of St. Anne within the Liberty of Westminster in the County of Middlesex Baronet John Ashton late of the Parish of St. Paul Covent-Garden in the County aforesaid Gentleman and Edmund Elliott late of the Parish of St. James within the Liberty aforesaid in the County aforesaid Gent. for that you as false Traytors against the most Illustrious and most Excellent Princes William and Mary King and Queen of England Defenders of the Faith c. your Sovereign Lord and Lady not having the fear of God in your hearts nor weighing the duty of your Allegiance but being moved and seduced by the instigation of the Devil the cordial Love and true due and natural Obedience which every true and faithful Subject of our said Sovereign Lord and Lady the King and Queen that now are towards them our said Sovereign Lord and Lady the King and Queen should and of right ought to bear wholly withdrawing and contriving practising and with all your strength indending the Peace and Common Tranquility of this Kingdom of England to disquiet molest und disturb and War and Rebellion against our said Sovereign Lord and Lady the King and Queen that now are within this Kingdom of England to stir up move and procure and the Government of our said Lord and Lady the King and Queen of this Kingdom of England to subvert change and alter and our said Lord and Lady the King and Queen from the Title Honour and Royal Name of the Imperial Crown of this their Kingdom of England to depose and deprive and our said Lord and Lady the King and Queen to death and final destruction to bring and put you the said Sir Richard Grahme John Ashton and Edmund Elliott the Nine and twentieth day of December in the second year of the Reign of Our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes in the County aforesaid Falsly Maliciously Devillishly and Traiterously with Force and Arms c. with divers false Rebels and Traytors to the Jurors unknown did Conspire Treat of Compass Imagine and intend our said Lord and Lady the King and Queen that now are your supreme and natural Lord and Lady from the Royal State Crown Title Power and Government of their Kingdom of England to Deprive Dâ—pose and Cast down and the same our Lord and Lady the King and Queen that now are to Kill and bring and put to Death and the Government of this Kingdom of England to Change Alter and wholly to Subvert and a miserable Slaughter among the Subjects of our said Lord and Lady the King and Queen within Their Kingdom of England to Cause and Procure and an Insurrection War and Rebellion against Our said Lord and Lady the King and Queen that now are within this Kingdom of England to Move Procure and Aid and the same your most evil wicked and Devillish Treasons and Taiterous Compassings Imaginations and Purposes aforesaid to fulfill perfect and bring to effect you the said Sir Richard Grahme John Ashton and Edmund Elliott as false Traitors then and there to wit the said Nine and twentieth day of December in the said second year of the Reign of our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes aforesaid in the County aforesaid with Force and Arms c. falsly unlawfully wickedly and traiterously did Propose Consult and Agree to Procure and Prepare great Numbers of Armed Men War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to Levy and Make And that you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the same Nine and twentieth day of December in the aforesaid second year of the Reign of our said Lord and Lady the King and Queen that now are at the Parish of St. Clement Danes aforesaid in the County aforesaid falsly maliciously and traiterously did Prepare and Compose and then and there did Cause and Procure to be Prepared and Composed several Traiterous Letters Notes Mâ—morandums and Instructions in writing to shew and inform Lewis then and yet the French King and his Subjects then and yet Enemies of our said Lord and Lady the King and Queen that now are and very many other evil-disposed persons and false Traytors to the Jurors unknown of and concerning the Number Force and Condition of certain Ships for and on the behalf of our said Lord and Lady the King and Queen of England then and there designed and prepared for the defence of their Kingdom of England and their Enemies aforesaid to repell and resist and how some of the same Ships were Manned and of the Names of the Captains of several of the said Ships and how the Castles and Fortresses of our said Lord and Lady the King and Queen called Portsmouth South Sea and Gosport within this Kingdom of England were strengthened and fortified and how the same Castles and Fortresses into the hands and possession of Enemies and false Traytors against our said Lord and Lady the King and Queen might be taken and seized as also of the time places ways manners and means by which when and where the same Enemies of our said Lord and Lady the King and Queen this Kingdom of England might invade and infest and the same Enemies and the Ships of the Enemies of this Kingdom of England should fight against our said Lord and Lady the King and Queen and their faithful Subjects as also to procure provide prepare and obtain against our said Lord and Lady the King and Queen that now are Assistance and Armed Men our said Lord and Lady the King and Queen that now are from their Royal State and Government of this Kingdom of England to cast down and Despose and to stir up promote and procure the aforesaid Lewis the French King then and yet an
Then set him aside Cl. of Arr. John Cane Esq Challenged William Jacomb Esq Mr. Jacomb My Lord I am no Freeholder L. C. J. Holt. How long have you not been a Freeholder Mr. Jacomb Near this Four Months L. C. J. Holt. Give him his Oath Which was done Have you no Freehold in the County of Middlesex in your own Right nor in the Right of your Wife Mr. Jacomb No my Lord. L. C. J. Holt. Then you must go on to the next Cl. of Arr. Joseph Dawson Esq Mr. Dawson My Lord I am an ancient Man and not fit to serve upon the Jury L. C. J. Holt. Well now you are here for this time serve we will excuse you hereafter Mr. Sol. Gen. My Lord we challenge him for the King L. Preston My Lord I desire to know when any one is challenged for the King whether they must not shew cause L. C. J. Holt. By and by if there be not enough they shall shew cause L. C. J. Pollexfen You shall have all that the Law allows you certainly my Lord. Cl. of Arr. Thomas Austin Esq Not appeared Richard Paget Esq L. Preston Has this Gentleman any Freehold Mr. Paget Yes my Lord I have in the County of Middlesex L. Preston I do not except against him Mr. Serj. Tremain My Lord we challenge him for the King L. Preston My Lord I humbly desire they may shew their Cause L. C. J. Holt. My Lord Cause is not to be shewn by the Kings Counsel till all the Panel be gone through and then if there be not Twelve left to try then they are bound to shew Cause that is the Law L. Preston My Lord it is a thing of a very tender concern to me I desire to know If it be not usual that they should assign the Cause when they Challenge any for the King For if it be not according to Law it may be a prejudice to me and I desire I may have Counsel heard to that Point L. C. J. Holt. My Lord shall we assign Counsel to dispute Matters not disputable Tthere is not any more clear Case in all our Law than that If your Lordship please you shall have a Book to read that the King is not bound to shew Cause till the Panel is perus'd L. Preston Then I don't insist upon it Cl. of Arr. Walter Bridal Esq Challenged Samuel-Hodgkins Esq Challenged Thomas Elton Esq L. Preston I do not challenge him Mr. Serj. Tremain Then we challenge him for the King Cl. of Arr. Arthur Bayly Esq L. Preston I have nothing to say against him Sworn Cl. of Arr. John Milner Esq Not appeared Richard Page Esq L. Preston I do not except against him Mr. Serj. Thomson Then we challenge him for the King Cl. of Arr. Richard Marsh Esq Mr. Marsh My Lord I desire to be excused I am not fit to serve upon a Jury L. C. J. Holt. Why Mr. Marsh I am thick of hearing L. C. J. Holt. Methinks you hear me very well Mr. Marsh Truly my Lord I do not hear well L. C. J. Holt. Well you may spare him if there be enough L. Preston My Lord I do not challenge him I desire he may be sworn Mr. Serj. Tremain We challenge him for the King Cl. of Arr. Thomas Harriot Esq Challenged Nath. Wall Esq L. Preston I do not except against him Mr. Sol. Gen. We challenge him for the King Cl. of Arr. Matthew Browne Gent. L. Preston I do not challenge him Mr. Serj. Tremain We challenge him for the King Cl. of Arr. Thomas Crosse Gent. Not appeared Robert Bredon Gent. L. Preston I have nothing to say against him Sworn Cl of Arr. James Partherick Gent. Challenged John Bayly Gent. Challenged William Bourne Gent. Challenged Henry Gerrard Gent. Challenged Richard Cooper Gent. L. Preston I say nothing to him Mr. Serj. Thomson I challenge him for the King Cl. of Arr. John Bignal L. Preston I do not challenge him Sworn Cl. of Arr. James Firne Gent. L. Preston I do not challenge him Sworn Cl. of Arr. Robert Longland Gent. Challenged Edmund Salter Gent. Challenged John Hâ—wlet Gent. Challenged Richard Fitz-Gerald L. Preston I do not except against him Mr. Serj. Tremain We challenge him for the King Cl. of Arr. John Owting Gent. L. Preston I do not except against him Sworn Cl. of Arr. Mark Lawne L. Preston I do not challenge him Sworn Cl. of Arr. Thomas Battle Not appeared Francis Chapman Gent. Challenged Gilbert Vrwin Gent. Challenged Richard Bealing Gent. Challenged Edward Fuller Gent. L. Preston I do not Challenge him Sworn Cl. of Ar. John Collins Gent. L. Preston I don't Challenge him Sworn Cl. of Ar. Thomas Hollings L. Preston I have nothing to say against him Mr. Ser. Tremain We Challenge him for the King Cl. of Ar. William Silcock Gent. L. Preston I do not Challenge him M. Serj. Tremain We Challenge him for the King Cl. of Ar. John Preston Gent. Challenged Thomas Wright Gent. Challenged Benjamin Boultby Gent. L. Preston I do not Challenge him Sworn Then they were counted and the Twelve Sworn were those whose Names follow JURORS Craven Peyton Esq Hugh Squire Esq George Ford Esq Arthur Bailey Esq Robert Breedon Gent. John Bignal Gent. James Ferne Gent. John Owting Gent. Mark Lawn Gent. Edward Fuller Gent. John Collins Gent. Benjamin Boultby Gent. Then Proclamation for Information and Evidence was made as usual Cl. of Ar. Sir Richard Grahme Hold up your Hand which he did Gentlemen you that are Sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Sir Sir Richard Grahme late of the Parish of St. Anne within the Liberty of Westminster Baronet together with John Ashton c. prout in the Indictment mutatis mutandis and against the form of the Statute in that Case made and provided upon this Indictment he hath been Arraigned and thereunto hath pleaded Not Guilty and for his Tryal hath put himself upon God and his Country which Country you are your Charge is to enquire whether he be Guilty of this Felony and High Treason whereof he stands Indicted or Not Guilty if you find that he is Guilty you are to enquire what Goods or Chattels Lands or Tenements he had at the time of the Felony and High Treason Committed or at any time since If you find him Not Guilty you are to enquire whether he fled for it if you find that hefled for it you are to enquire of his Goods and Chattels as if you had found him Guilty If you find him Not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Knapp May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High Treason against my Lord Preston who is Indicted by the Name of Sir Richard Grahme Baronet and stands now Prisoner before you at the Bar and the Indictment sets forth that the Prisoner together with one John Ashton and one
I have always known it denied L. Preston Your Lordship will give me leave to say what your Lordship must needs know much better than I there is a Statute in the 46 of Edw. 3. that doth order a Copy of any Record to any Prisoner or other Person if he demand it And it has been granted as I am informed in other Cases particularly in the Case of Colonel Sidney L. C. J. Holt. No my Lord it was denied in Colonel Sidneys Case L. Preston If I mistake I beg your Lordships pardon It is a Reason in a late Law made for the Reversal of Mr. Cornishes Attainder The Parliament do there say that it was not a legal Tryal because he had not a Copy of the Indictment and time given him to prepare for his defence L. C. J. Holt. Truly my Lord I do not know how that matter stands That Reversal of Mr. Cornishes Attainder is but a private Act of Parliament I never saw it nor heard it read nor can we take notice of it But your Lordship is to be Tryed by the same methods of Law that all Persons that have gone before you have always been it has always been the course that the Prisoner should not have a Copy of his Indictment Col. Sidney had it not and I remember in the Case of Sir Hen. Vane in the year 1662 he demanded a Copy of the Indictment and it was denyed him and it has been constantly denyed ever since in all such Cases L. Preston I humbly desire to know whether it was not granted in the Case of my Lord Russel L. C. J. Holt. No indeed my Lord my Lord Russel had it not I can take it upon me to say that for I know all the proceedings in that Cause L. C. J. Pollexfen No my Lord never any Man had it in all my experience L. C. J. Holt. Some of us that are here were of Council for my Lord Russel at that time and we did not advise him to demand a Copy of the Indictment for we knew he could not have it by Law L. Preston I am very tender of taking up your Lordships time unnecessarily but it stands me upon to do all I can to defend my self may not I have my Counsel heard to that point because if it be a point of Law though your Lordships are of Counsel for the Prisoner yet I beg that I may have my Counsel heard to argue it L. C. J. Holt. To what point would you have your Counsel heard L. Preston To that point whether I may not have a Copy of my Indictment according to the 46. of Ed. 3. that is the point I would have my Counsel heard to L. C. J. Holt. There is no such Statute as your Lordship mentions that gives the Prisoner a Copy of his Indictment Mr. Jones If your Lordship please to hear me for my L. Preston L. C. J. Holt. Nay Mr. Jones you are mistaken in this matter If my Lord himself will shew that there is any such Statute we will consider of it and if it be a matter that requires debate we may assign my Lord Counsel to argue it but till then Counsel are not to be heard My L. Preston if your Lordship can shew us that Statute pray do L. Preston My Lord I desire none if it be not so L. C. J. Holt. I have heard a discourse concerning such a Statute but I could never find it L. Preston I suppose my Sollicitor is here with it there is such a Statute my Lord. L. C. J. Pollexfen The Court over ruled it in the Case of Sir H. Vane L. C. J. Holt. And so it was I remember in another Case and in none of the Trials that have been since King Charles the Second came in was ever a Copy given that I know or heard of Mr. Soll. Gen. My Lord this Statute that my L. Preston mentions the 46 of Ed. 3. is printed at large in the Preface to my Lord Cokes 3d. Report and has been insisted upon in several Cases in the Kings Bench where the Prisoner has desired a Copy of his Indictment but a Copy has been alwayes denied and this Statute has been taken to extend only to Records which may be Evidence for the Subject L. C. J. Pollexfen 'T was alwayes ruled that it did not extent to this matter L. C. J. Holt. My Lord 't is a misconstruction of that Statute that your Lordship thinks that it gives the Prisoner a Copy of his Indictment For that Statute sayes that all persons shall be free to make use of the Publick Records and take Copies of them because oftentimes the Records are Evidences of Mens Estates and their Titles L. Preston My Lord an Indictment I suppose is a Record L. C. J. Holt. But not such a Record as is within the intent of that Statute L. Preston My Lord I am tender of taking up your Lordships time but since all that is dear to me is at stake I desire to this point I may be heard by Counsel L C. J. Pollexfen My Lord I am satisfied you have had Counsel with you I have heard a great many Does any one of them tell you that this has been done If ever an one of them will come and shew us when it haseen done you say something but I dare say none of them will or can Mr. Jones there is as like as any body but I believe he will not say it ever was done L. Preston My Lord I cannot say my Counsel has told me so but I have read such a Statute my self for it stands me upon it and I believe there is such a Statute and it will be produced before your Lordships If your Lordships will insist upon not allowing me a Copy I desire I may be heard to it by my Counsel for I take it to be a point of Law with humble submission to your Lordships L. C. J. Holt. My Lord we must not hear Counsel to debate plain points that have no manner of Question in them It has been alwayes disallowed and 't is a setled point at Law and as plain as any whatsoever that no Copy of an Indictment ought to be allowed to a Prisoner in Felony or Treason L. Preston My Lord there is a Statute that sayes it shall be allowed to all Persons to have Copies of Records as well for as against the King and certainly the Indictment is a Record and a Record of great consequence to me at this time and though my Counsel has not told me when it was done yet those that I have advised with do say that the Statute is express L. C. Baron If any doubtful words be in such a Statute yet the constant practice must expound it and since it has been so often denied nay always the law is now settled that it is not within the meaning of that Statute L. C. J. Holt. We must go in the way of our Predecessors we received the law from them and must not
intent For it is said the Records shall remain in Court for perpetual Evidence and the Aiding of all Persons to whom they shall belong My Lord this is none of your Case for God knows you expect no Aid from this Indictment But this is meant of all Copies that concern the Estates of Men that they may have recourse to their Records to make out their Evidences to their Estates or to have them Exemplified under the Seal of the Court for Evidence But to have a Copy of an Indictment thereby to be enabled to consult with Counsel how to make Exceptions to that Indictment is a thing that has been denied in all Ages by all the Judges that ever were If any one can say the contrary it were something but shall we now admit Counsel to debate a thing that has been in all Ages denied and never admitted so much as once That cannot be expected from us L. Preston The Act says That it shall be all Records that shall be in Aid to any Person that shall desire it Here is no distinction made of what kind the Records are to be If it be for the Aid of any Person it ought to be granted and I may be aided by this Record if I have a Copy of it and I think it is hard when I am so much concerned in this Record that I cannot be helpt to it by this Law L. C. J. Pollexfen Constant Experience has gone according to what we say L. Preston If that be Law and it has not been demanded then they are not entituled to have the benefit of it But now I demand it sure it is good Law L. C. J. Holt. It is no question a good Law but not applicable to your Lordship's Case I suppose we are all of the same Opinion if any think otherwise I desire they would speak L. Preston My Lord I submit to the Court but then I desire one Thing you know my Life my Fortune my Reputation my Posterity and all are at Stake and all that is Dear to me must fall with me if I miscarry Therefore I take leave to represent That I have had very short Notice of my Tryal I assure you I have not had above 6 or 7 days Notice I hope you will not refuse me a little longer time before I come to my Tryal and I have had no Copy of the Jury yet Mr. Sol. Gen. If my Lord please to Plead to the Indictment that will be time enough to move afterwards and till Issue is joyn'd it cannot properly be moved for L. C. J. Holt. It is not proper to desire time yet till you have put your self upon your Tryal by Pleading to the Indictment L. Preston It was granted in Colonel Sidney's Case he had 8 or 10 days granted him after he had Pleaded and in the Act for the Reversal of Mr. Cornish's Attainder it is given as one Cause for the Reversal that he had not time to prepare for his Defence L. C. J. Holt. My Lord 7 days time is very fair Notice your Lordship knew when the Sessions would be and your Lordship might reasonably expect that you should be Tryed here I think truly you have had very fair Notice Mr. Ashton My Lord we have had 7 days Notice of our Tryal 't is true this day Seven night at Night we had Notice we were to be Tryed as this day but 3 days of the 7 we had not the Liberty of seeing any Friend or Counsel or any Body not till Tuesday Night and that we got with great Application and great Charge to get an Order for our Counsel to come to us so that though we have had 7 days Notice yet we have had but 3 days in all to consult with any Body and we never have had a Copy of our Jury till this Minute L. C. J. Pollexfen We see the Nature of the Thing and I am sorry that I must say it is fit that we should take notice of it perhaps the thing that you are accused of is not true but if it be true you see what it is that there are Letters and Papers preparing for a Design to set all the Kingdom in Confusion Men that will venture upon such sort of Things are not to Condemn the Law if it be a little hard upon them for 't is the common preservation that is principally aimed at in Prosecutions of this Nature and if this Accusation be true 't is but Just and Reasonable that all speed should be used to enquire into and prevent it and as it falls out in this Case it is not in our Power to do it This Sessions is set before this Business is known and this is an Act done in this County and therefore the Sessions is the proper place for the Tryal and so you have the same sort of Proceedings that all other Criminals have which are very many though I hope not many of so high a Nature 7 days Notice you have had you acknowledge if my Lords please we will Indulge you as far as we can and give you time for your Tryal till to morrow but you must Plead presently L. C. J. Holt. My Lord we debate the time of your Tryal too early for you must put your self upon your Tryal first by Pleading L. Preston My Lord I hope I shall always carry my self as becomes me towards the Court but I do not really think you have any Tryals that are of so great Concernment and this sure is a fit time for me to offer it for it may be I have a great many Witnesses in the Country and at a distance from this place and one another L. C. J. Holt. My Lord we cannot Dispute with you concerning your Tryal till you have Pleaded I know not what you will say to it for ought I know there may be no occasion for a Tryal I cannot tell what you will Plead your Lordship must Answer to the Indictment before we can enter into the Debate of this matter L. Preston Will your Lordship give me leave to move it afterwards L. C. J. Holt. You may offer any thing then concerning your Tryal if you can shew any Reason to defer it it will be proper to do it then L. Preston Truly My Lord I think one Reason why my Tryal ought to be put off is Because I have a Privilege of excepting against so many of my Jury but if I have not time to look into the Pannel I shall loose that Privilege L. C. J. Holt. We are not come to that yet you are to Plead now L. Preston Then your Lordships are pleased to over-rule my Claim of Peerage L. C. J. Holt. My Lord We are of Opinion you ought to Plead to this Indictment C. of Ar. What says your Lordship Are you Guilty of this High Treason or not Guilty L. Preston Not Guilty C. of A. Culprit How wilt thou be Try'd L. Preston By God and my Country C. of A. God send you a good Deliverance
no longer then Munday and you have had convenient Notice L. Preston Truly my Lord I think it is hard when my Life and Fortune and all are concerned that I should be hurried on to a Tryal only because the Court is streightened in point of time and yet that is the only Reason that I can perceive why such haste is made I desire a little more time to prepare my self and I think it very hard I should be denied I must submit it to your Lordships If you will not allow me time I cannot make my Defence as I would L. C. J. Holt. My Lord as to the shortness of the time that is no Objection you have had convenient Notice as much Notice as the Law requires and as much time as without particular cause shewn hath here at any time been given in such a Case If indeed there had been any particular Reason offered for putting off the Tryal and you had made it appear by Oath the Court possibly might have put off the Tryal but because your Lordship only suggested you wanted a Witness naming neither Person nor Place or Matter such Witness should prove they are of Opinion no cause appears for such delay of your Tryal L. Preston My Lord I assure you I am not prepared for my Tryal L. C. J. Holt. My Lord the Court over-ruled this Matter yesterday it cannot be put off Mr. Sol. Gen. My Lord I would humbly offer your Lordship one thing before the Jury be called and sworn By the Law these Gentlemen at the Bar have the Privilege to challenge peremptorily to the Number of 35 which is so great a Number that if each of them severally take advantage of it as they may do by Law and God forbid they should be denied any advantage the Law gives them it will be next to impossibile to have a sufficient Number of Jurors appear so as that we may proceed in the Tryal L. Preston Truly my Lord we don't hear what Mr. Sollicitor says L. C. J. Holt. Do you not Then I 'll tell you what he says when he has done Go on Mr. Sollicitor Mr. Sol. Gen. My Lord all that I would know of them is Whether they intend to take the Advantage that the Law gives them of single and particular Challenges for then they must be tryed severally Or whether they will be content that the same Persons that are challenged by any one shall stand challenged for all three I leave it to them to take their own choice let them do what they please in it L. C. J. Holt. My Lord Preston Mr. Sollicitor tells you what the Law is that every one of you may challenge Five and thirty without Cause and if the Court should proceed to try you all together and every one of you should challenge Five and thirty perhaps a sufficient Number will be wanting to try you the Number challenged will then amount to 105 in all If so be you agree in your Challenges that what one challenges shall be challenged by the other two then the Court will go on and try you all together otherwise they will be forced to sever you therefore he desires to know whether you will joyn or sever in your Challenges Mr. Sol. Gen. Take your own choice Gentlemen and do what you think best L. Preston My Lord the Matter of Challenging is so great an Advantage to a Man upon his Life that for my part I must insist upon that which the Law gives me to challenge as many for my self as I think fit to the Number that the Law allows me L. C. J. Holt. My Lord Preston says he will as 't is fit he should take all Advantages he can What says Mr. Ashton to it Mr. Ashton My Lord I expect the same Advantage L. C. J. Holt. You must have it it is not proposed to preclude you from any Advantage that the Law allows you If you insist upon that Advantage you must have it and then you must be tryed severally Mr. Sol. Gen. Then my Lord since they are pleased to declare they will sever in their Challenges we must desire to sever them in their Tryal and to begin with the Tryal of My Lord Preston Mr. Ashton My Lord I desire the Liberty to be by when my Lord is tryed L. C. J. Holt. No no that is not to be permitted Mr. Serj. Tompson If you had joyned in your Challenges then you had been tryed all together L. C. J. Pollexfen That Advantage you lose by severing in your Challenges you lose the Assistance of each other at your Tryal L. C. J. Holt. That is the consequence but do as you please set them by L. C. J. Pollexfen It may be they do not so well weigh the consequence therefore call them again Gentlemen Do you consider the consequence of your not joyning in your Challenges You must not be by if my Lord Preston be tryed by himself but must withdraw and thereby you will lose the Advantage of helping one another Mr. Elliot My Lord I desire to be tryed alone Mr. Ashton And so do I my Lord. L. C. J. Holt. Then Captain Richardson take them away Afterwards the Court was informed that Mr. Elliot desired to be tryed with my Lord Preston and thereupon they were called again L. C. J. Holt. Gentlemen Do you desire to be tryed alone or with my Lord Preston Mr. Elliot My Lord if you please I desire to be tryed with my Lord. Mr. Sol. Gen. Does Mr. Ashton desire it too Mr. Ashton No my Lord I desire to be tryed by my self Mr. Sol. Gen. Then we will try my Lord Preston by himself L. C. J. Holt. Mr. Elliot the King's Council do not think fit to try you with my Lord Preston without Mr. Ashton and unless you will all joyn you must all be tryed severally Mr. Elliot I can only answer for my self Mr. Ashton I am for being tryed alone L. C. J. Holt. Then my Lord Preston must be tryed alone The other two were carried back to Newgate and the Lord Preston was bid by the Clerk to look to his Challenges Cl. of Ar. Sir Goddard Nelthorpe Baronet Challenged Sir Thomas Cooke Kt. Challenged Sir William Hedges Kt. Challenged James Boddington Esq Challenged Thomas Johnson Esq Challenged Ralph Bucknal Esq Challenged Craven Peyton Esq L. Preston I do not except against him Cl. of Arr. Then swear Mr. Peyton Which was done Lucy Knightley Esq Challenged Scory Barker Esq Challenged Thomas Cuthbert Esq Challenged Alban Chaire Esq Challenged John Herbert Esq Challenged Hugh Squire Esq L. Preston I have nothing to say to him Sworn C. of Arr. John Tully Esq Challenged George Ford Esq L. Preston I do not challenge him Sworn Cl. of Arr. Henry Whitchcot Esq Challenged John Crosse Esq Not appeared Thomas Smith Esq Challenged William Withers Esq Challenged Richard Cradeck Esq Mr. Cradeck My Lord I know not how I came to be summoned upon this Jury for I am no Freeholder L. C. J. Holt.
House of Commons now depending from the Queens Tradesmen and Debtors whom she owed 68000 l. she did Assign the Arrears of some growing Rents for the Satisfaction of this Debt but the King and Government have not thought fit to let it be applied to her use or to the paying of those Debts she assign'd it to Nay it has gone further I can appeal to several Persons there is one Man by chance in the Court that I believe does know that I promised and engaged and actually have paid a great part of this Debt for believing that the Money was good upon the Assignment I have actually paid some of these Men out of my own Pocket and perhaps more than became me to venture I think it may very well call my Discretion into question L. C. J. Holt. Who will you have called Mr. Ashton Mr. Ashton My Lord here is Mr. Spalding L. C. J. Holt. That the late Queen does owe People Mony that I believe is true Mr. Ashton Pray Mr. Spalding will you give the Court an account whether there is any Money due from the Queen to you Mr. Spalding My Lords and you Gentlemen of the Jury I have a Debt due to me from the late Queen as her Coach-Harness-maker it is 470 l. or something thereabouts and Mr. Ashton has paid me part of this Debt this I do own Mr. Ser. Tremain Pray how long have you been acquainted with Mr. Ashton Sir Mr. Spalding A dozen years Sir Mr. Ser. Tremain Have you had any Intimacy with him Mr. Spalding He and I have been very well acquainted Mr. Serj. Tremain Have you seen Mr. Ashton write at any time Mr. Spalding Yes I have Mr. Serj. Tremain Do you know his Hand Mr. Spalding Yes I think I do L. C. J. Polexfen Pray how came Mr. Ashton to pay you that part of your Money Mr. Spalding I press'd Mr. Ashton and told him my Necessities and he did advance me this Money L. C. J. Holt. How much did he advance Mr. Spalding Almost 400 l. L. C. J. Polexfen When was it he paid it you Mr. Spalding Almost a Year ago L. C. J. Holt. Did he pay it out of his own Pocket Mr. Spalding I believe so L. C. J. Holt. I believe so or was it Money that he had returned to him Mr. Spalding I believe it was out of his own Pocket my Lord. L. C. J. Holt. Why do you believe so Mr. Spalding Truly I believe it was out of his own Pocket L. C. J. Polexfen Pray who was to repay him Mr. Spalding About that very time we were Petitioning the House of Commons that we might have our Debts secured and our Money out of the Arrears of Rents due to the late Queen according to her Assignment and we so far press'd the matter that there was a Clause inserted into the Bill for the securing of our Debt but upon the next day or the day following the Parliament was Prorogu'd L. C. J. Polexfen Which way did he expect to be repaid Mr. Spalding I 'll tell you which way I suppose my Lord. L. C. J. Polexf Did he not tell you which way Mr. Spald No he never told me L. C. J. Polexfen Mr. Ashton did you never tell him how you should be repaid Mr. Ashton My Lord I hoped to be repaid and concluded I should out of the Arrears of Rent in the Tenants Hands L. C. J. Holt. But you were very kind to pay Money out of your own Pocket upon such Hopes Mr. Serj. Tremain Pray Sir will you look upon that Paper do you know the Hand Mr. Spalding No Sir I do not L. C. J. Holt. I suppose he did compound with you L. C. J. Polexfen This does shew an extraordinary kindness towards some sort of People Mr. Ashton If he Discounted the Interest to the time that we reckoned it would be paid you know that Prejudice would be to him and not to me it may indeed prove a Prejudice at last if the Debt be not paid because the Receipt is Conditional if it be not allowed him she shall Discount to me again L. C. J. Polexfen Was there no Money return'd over from the Queen K. Jame's Q n that was Mr. Ashton No my Lord directly nor indirectly not one Penny I believe they are not in a Condition to return Money L. C. J. Holt. Well Mr. Ashton what have you more Mr. Ashton I have nothing more to say I submit my Cause to your Lordship L. C. J. Polexf Look you Mr. Ashton as to some things that you have mentioned First there 's no body questions but you are a Protestant nay as far as I discern so they are all that are concern'd in this Matter The whole design shows that they are all so careful of the Protestant Religion that they design to restore and establish it by the King of France so that it appears they are all Protestants concern'd in this Project Mr. Ashton Pray my Lord who is it that proposes that L. C. J. Polexfen The Papers that were carrying to France Mr. Ashton you have heard them read Mr. Ashton I hope my Lord that no doubtful Insinuations or Suggestions are to effect me Mr. S. Tremain There is a Gentleman that was called to by the Prisoner it may be he knows his Hand pray Dr. Fitz-Williams look upon that Paper you have been acquainted with him many years do you know his Hand Dr. F. Williams No Sir I do not know his hand I never did see him write I cannot say I ever received a Letter from him Mr. Ashton I entirely submit my Cause to your Lordship and the Jury L. C. J. Holt Then you have done Mr. Ashton Mr. Ashton Yes Mr. Just Eyres Mr. Ashton because you cannot reply again upon my Lord Chief Justice after he has summed up the Evidence There 's another thing that I would put you in mind of that you may give an Answer to it Captain Billop swears before the Papers were found upon you and it seems to stick upon you when he was informed by the Sea-men that you had put something in your Bosom and he ask'd you what it was you said nothing but your Handkerchief Now if you knew not what was in the Papers how came you to deny you had any thing in your Bosom Mr. Ashton For the same Reason that I would have endeavoured to have had them thrown over-board out of kindness to the Person with whom I hapned to be taken L. C. J. Polexfen Consider Mr. Ashton what a strange many of things you run upon First you would have it believed That you had a mind to go into France upon your own account Mr. Ashton I do own that L. C. J. Polexfen Next then That you hired a Vessel for you and Ellyott Why would you have Ellyott to go with you into France Mr. Ashton I would not have him he desired the Favour of going L. C. J. Holt Who desired my Lord Preston to go or did he desire to go