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
Possession then and there in and with the Ship aforesaid did sail and depart towards the aforesaid Kingdom of France in Parts beyond the Seas the same your most wicked evil and traiterous Intentions Purposes Compassings and Imaginations aforesaid to fulfil perfect and promote against the Duty of your Allegiance against the Peace of our said Lord and Lady the King and Queen that now are their Crown and Dignity and against the Form of the Statute in that Case made and provided And the Indictment further sets forth that long before the aforesaid Nine aud Twentieth day of December now last past open War between our said Lord and Lady the King and Queen and the aforesaid Lewis the French King was begun declared and waged and yet is Which said Lewis the French King and his Subjects and the men of those parts then and yet were and are Enemies to our said Lord and Lady the King and Queen that now are and to their Kingdom of England And that in the time of the aforesaid War between them our said Lord and Lady the King and Queen and the aforesaid Lewis the French King you the said Sir Richard Grahme John Ashton and Edmund Ellyott being Subjects of our said Lord and Lady the King and Queen that now are as false Traitors against our said Lord and Lady the King and Queen during the War aforesaid to wit 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 aforesaid in the County aforesaid with force and Arms c. To the aforesaid Enemies of our said Lord and Lady the King and Queen that now are unlawfully and Traiterously were adhereing and assisting and in Execution and performance of the same adhering you the said Sir Richard Grahme John Ashton and Edmund Ellyott then and there to wit the same 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 abovesaid at the aforesaid Parish of St. Clement Danes 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 as also into your Custody and Possession then and there unlawfully secretly and Traiterously did obtain detain conceal and keep divers traiterous Letters Notes Memorandums and Instructions in writing to shew and inform the aforesaid 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 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 preparing for their defence of their Kingdom of England and their Enemies aforesaid to repel and resist and how some of the same Ships were manned and of the Names of several of the Captains of the said Ships and how the Castles and Frotresses of our said Lord and Lady the King and Queen called Portsmouth Southsea and fortified and Gosport within this Kingdom of England were strengthened and how those same Castles and Fortresses into the hands and possession of the said Enemies of 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 that now are this Kingdom of England might invade and Infest and they the said Enemies and the Ships of the said Enemies of this Kingdom of England should fight against our said Lord and Lady the King and Queen and their faithful Subjects And that during the War aforesaid to wit the aforesaid Thirtieth day of December now last past you the said Sir Richard Grahme John Ashton and Edmund Ellyott at the aforesaid Parish of St. Clements Danes in the County aforesaid unlawfully and Traiterously did hire and prepare and then and there did cause and procure to be hired and prepared a certain Ship and three men you the said Sir Richard Grahme John Ashton and Edmund Ellyot with the same Traiterous Letters Notes Memorandums and Instructions in writing from this Kingdom of England unto and into France in parts beyond the Seas then and there under the Rule and Government of the aforefaid Lewis the French King then and yet an Enemy of our said Lord and Lady the King and Queen secretly during the War aforesaid to carry and transport to the intent the same Traiterous Letters Notes Memorandums and Instructions in writing there in parts beyond the Seas to the aforesaid Enemies of our said Lord and Lady the King and Queen that now are to deliver and disperse during the War aforesaid in aid of the said Enemies of our said Lord and Lady the King and Queen in the War aforesaid And that you the said Sir Richard Grahme John Ashton and Edmund Ellyott during the War aforesaid to wit the aforesaid thirtieth day of December now last past at the Parish of St. Clement Danes in the County aforesaid concerning and for the same your Treasons and traiterous Adhereings and purposes aforesaid to execute and fulfil maliciously traiterously and advisedly then and there did hire and prepare and then and there did cause and procure to be hired and prepared a certain Boat and one man to the Jurors unknown you the said Sir Richard Grahme John Ashton and Edmund Ellyott from thence to and into the Ship aforesaid by you as aforesaid hired and prepared to carry and convey And that you the said Sir Richard Grahme John Ashton and Edmund Ellyott maliciously and traiterously into the same Boat then and there did enter and your selves from thence secretly in and by the same Boat unto and into the same Ship then and there did cause and procure to be carried in prosecution of the adhereing aforesaid And you the said Sir Richard Grahme John Ashton and Edmund Ellyott then and there with the same traiterous Letters Notes Memorandums and Instructions in writing in your custody and possession being during the War aforesaid to wit the same day and year in and with the Ship aforesaid did sail and depart towards the aforesaid Kingdom of France to the intent the same traiterous Letters Notes Memorandums and Instructions in writing in parts beyond the Seas to the said Enemies of our said Lord and Lady the King and Queen that now are to deliver concerning and for Aid Intelligence and Counsel by you the said Sir Richard Grahme John Ashton and Edmund Ellyott to the same Enemies of our said Lord and Lady the King and Queen that now are to give and yeild during the War aforesaid against the Duty of your Allegiance against the peace of our said Soveraign Lord and Lady the
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
is nothing but Supposition as to me and I hope I and my Family shall not be ruined upon a Supposition L. C. J. Holt. Has your Lordship any more to say L. Prest All the Judges have not given their Opinion L. C. J. Holt. The rest will give their Opinions if you desire it My Lord Chief Baron what say you L. C. Baron My Lord Preston I am called upon it seems to give my Opinion in this Case but this I take it must be left to the Jury What credit they will give to the proof your Lordship makes a Question as the proof stands Whether here be any thing done in this County here are Instructions given to the French King how to Invade England and Carry on the War against us These Instructions are contained in several Papers and these Papers in a Pacquet are carried to the Smack which Smack was hired to go to France You are found taking water at Surrey-Stairs which is in the County of Middlesex in order to go to the Smack You did go to the Smack the Papers were taken in your Company and were seen lying by your Seals and the Witnesses swear they believe some of them to be your Hand you took care to desire to have them disposed of Now how far the Jury will believe this Matter of Fact that is thus testified is left to them this seems to be the Proof and if the Jury do believe it here is a Plain Evidence of an Overt Act in the County of Middlesex L. Preston I do insist upon it with humble submission It is not proved that these Papers were taken upon me or that I did take water at Surrey-Stairs to go to France L. C. Baron That must be collected out of all the Circumstances the Credit of which is left to the Jury L. Ch. J. Holt. All the rest of my Lords the Judges are of the same opinion as they tell me Have you any more my Lord L. Preston I must submit L. C. J. Holt. Gentlemen of the Jury My Lord Preston stands Indicted for High Treason in imagining and compassing the Deposition Death and Destruction of the King and Queen and for that purpose did write or cause to be writ several treasonable Papers and Letters designed to go into France and there to correspond with the French King and his Subjects who are Enemies to the King and Queen and to carry with him those Treasonable Papers and Letters containing a Project and a formed Design how this Kingdom should be invaded by Foreigners There is another Treason in the Indictment mention'd and that is for adhering to the abetting the King's Enemies there being open War declared between the King and Queen and the French King You have heard Gentlemen a very long Evidence Witnesses have been produced viva voce and several Papers have been read to you some of the Papers that have been produced tho' they may seem misterious and canting yet they are not so very obscure and unintelligible but if you consider them well the meaning of them will appear Others of them are more express and do plainly demonstrate a Design that this King and Queen should be deposed and that there should be another Prince set upon the Throne and restored to the Government of this Kingdom Gentlemen There are two other Persons mentioned in the Indictment with my Lord and tho' my Lord is only now upon his Tryal yet the evidence which doth affect them doth also concern my Lord. You have heard how there was an Intention of some Persons to go to France and how Mr. Ashton one of the two others that stands indicted with my Lord did 〈◊〉 with one Mrs. Prat one of the Witnesses to hire a Vessel for that purpose and it was by the means of one Mr. Burdett that lives in the City they had a Meeting at Burdett's House where they treated about the Price that should be given for the Hire of this Ship to go to France but at that time they did not agree It was concluded that the Woman and Ashton and Burdett should meet at the Wonder Tavern but Mr. Burdett not being there nothing was concluded upon then After that the Woman Mr. Burdett and Ashton and Elliott met at Mrs. Burdett's the Woman insisted at first upon 150 l. After they had been treating for some time the Bargain was made to go to France for 100 l. Then the next thing considered was How this Money should be paid By agreement 93 Guinea's and 6 d. which made up the 100 l. was deposited in Mrs. Burdett's hand a Six-pence broken one part Mrs. Burdett had and the other part of the Six-pence Mr. Ashton had and when either Mrs. Pratt or the Master of the Vessel did bring back that part of the Six-pence that Ashton had to Mrs. Burdett the Money was to be paid After this Agreement they were appointed to go to the Seven Stars in Covent-Garden to the House of one Mr. Rigby and there the Woman Mrs. Pratt and the Master of the Vessel Ashton and Elliot met and they were that Night to go away and to take Water at some place near to go on Ship-bord and having stayed there till it was about ten a Clock at Night then they went away into the Strand and so into Surry-street and took Water at Surry-stairs But before that they came from Mr. Rigby's some Persons went to Surry-stairs to see for a Boat and met with that Fellow that was here produced who was a Sculler and did hire him to go through the Bridge when the Tide served and to carry some Gentlmen on Shipboard they agreed with him for half a Crown and he was to stay in an House near the Stairs until they came And at the time appointed Mr. Ashton and Mr. Elliot and the Master of the Vessel came to that place and my Lord Preston and his Man with them to take Water My Lord Preston was not at Burdett's House at the hiring of the Ship nor at Mr. Rigby's but it is proved by the Master of the Vessel that he took Water with the rest of them at Surry-stairs that he went with them on Shipboard and was to go along with them Being on Board the Ship they did appear to have some Apprehensions of Danger and passing by a Man of War my Lord Preston his Man and the other two went unto the Quarter-Hatches where they lay down to prevent themselves from being taken or discovered and they hid another time when they came near Gravesend and coming up they seeing a Boat coming towards them they hid themselves again Captain Billop who it seems was sent to apprehend them pretended he was to Press Seamen and when he came on Board the Smack he said he would Press the Mariners who answered they had a Protection But he being upon his Search pulled up the Boards of the Quarter-Hatches and there was my Lord Preston and the other Persons lying down It was not a place that was very
Edmund Elliot as false Traitors against our Soveraign Lord and Lady King William and Queen Mary not weighing the Duty of their Allegiance the 29th of December in the Second year of their now Majesties Reign at the Parish of St. Clements Danes in this County of Middlesex did Conspire Consult and Imagine to Depose Their Majesties from the Throne and Government of these Kingdoms and to bring the King and Queen to final Death and Destruction and to Levy War within this Kingdom and procure an Invasion to be made here and that to bring their Treasons to pass they did prepare and compose and cause to be prepared and composed divers Treasonable Letters Notes Memorandums and Instructions in Writings which were to inform the French King and his Subjects and other Enemies of the King and Queen of the Number Force and Condition of Their Majesties Ships and how some of them were Mann'd and the Names of several of the Commanders of them and how the Castles and Forts of Portsmouth South-Sea and Gâ—sport within this Kingdom were fortified and how they might be Seized and Surprized by the King's Enemies as also to inform them of the time places ways and means how they might Invade the Kingdom Depose Their Majesties and Fight with their Ships against Their Majesties Ships and cause and procure great Forces to be raised against the King and Queen and fend Ships to plague the City of London and War and Rebellion within the Kingdom to procure and that they did knowingly and secretly prepare and conceal two several Bills of Exchange for the payment of Money to the King's Enemies and got these Bills of Exchange Letters Notes and Memorandums into their Custody and afterwards the 30th day of December for the Sum of One hundred pounds by them or some of them paid they did hire a Ship to carry them and the said Bills of Exchange Letters Notes Memorandums and Instructions into parts beyond the Seas to and among their Majesties Enemies and did also prepare a Boat which was to carry them to the Ship and accordingly they went into the Boat and went on Board the Ship with the Bills of Exchange and Papers aforesaid and being on Board they set Sail and made away towards France with those Bills of Exchange and Papers with intention to disperse them and to perfect their said Treasons And the Indictment further sets forth that there was and is a War between Our King and Queen and the French King and the People of those parts under his Dominions who are Enemies of the King and Queen the Prisoner together with those other two named before as false Traitors did adhere to the Enemies of the King and Queen and to bring about this Treason they did procure such Bills of Exchange Letters Notes Memorandums and Instructions and did hire such Ship and Boat to carry them and those Papers into France and did go on board the said Ship and Sailed away for France with intention to aid and assist the King's Enemies in Counsel and Intelligence by those Papers and Bills of Exchange as I before opened unto you and this is laid to be against the Duty of his Allegiance against the Peace of Their Majesties Their Crown and Dignity and against the Form of the Statute in that Case made and provided To this Indictment Gentlemen the Prisoner Pleaded he is Not Guilty and for his Tryal hath put himself upon his Country which you are if we prove him Guilty it is your Duty to find him so Mr. Sol-Gen My Lords and Gentlemen of the Jury the Indictment hath been opened to you at large and I do not doubt but you have observed it It consists of two Parts which are formed upon two several Branches of the Statute of the 25th of Edward 3. the one is for compassing and imagining the Deposing and Destruction of the King and Queen the other aiding and assisting the King and Queens Enemies Treason Gentlemen consists in the imagination of the Heart but because that imagination of the Heart can be discovered no other way but by some open Act therefore the Law doth require that some Overt Act manifesting that Intention and Imagination be assigned and proved I doubt not but you have observed that there are several Overt-Acts of both these kinds of Treason assigned in this Indictment Gentlemen the general Design of the Conspiracy as will appear by the Evidence was this The King and Queen were to be Deposed and this was to be effected by a French Army and a French Fleet. It will be easily Granted that nothing more dreadful can enter into the Imagination of an English-man than the destruction of our Fleet and the Conquest of the Kingdom by the Arms of France But yet it will be part of the Evidence that we shall offer to you that the Prisoners and others of the Conspirators seem to be of another Mind for amongst the Papers which were taken with the Prisoners you will see one which is styled The Result of a Conference wherein they pretend to shew the possibility of Restoring King James by the Power of the French King and yet to preserve the Protestant Religion and the Laws and Liberties of the Kingdom They themselves went no farther than to think it possible and I believe it will be hard to perswade any other English-man that it is possible unless one Instance could be given that the French King ever employed his Arms for setting up any Body but himself his own Religion and his own Government I never heard that he did pretend to Form any part of his Glories upon the virtue of Moderation or Self-denial And there can hardly be imagined a greater Instance of Self-denial than for the French King after he had destroyed the Dutch and English Fleets and subdu'd our Forces at Land not to make use of his Success so as to add these Three Kingdoms to his Conquests and possess himself of the uncontested Dominion of the Sea for ever but only to Intitle him at so great hazard and Expence to become a Mediator between King James and the People of England and by his Mediation to establish the Protestant Religion and the Liberties of the People And yet as absurd as this seems you will find this to be the Result of one of their Conferences I did never think it was the part of any who were of Counsel for the King in cases of this Nature to endeavour to aggravate the Crime of the Prisoners by going about to put false Colours upon Evidence or to give it more than its due weight and therefore I shall be sure to forbear any thing of that Nature But I think it my Duty to give you some Account of the Nature and Course of the Evidence to be produced to you which consisting of several sorts it will be in some sort necessary to open it that you may the more clearly apprehend it and with more ease make your Observations upon it Gentlemen we shall
shew the Paper to my Lord Sidney Which was done Lord Sidney This was one of the Papers I received from my Lord President Mr. Sol. Gen. Then we must beg my Lord President would be pleased to look on it Which was done Lord President This was one of the Papers brought me by Capt. Billop from my Lord Nottinghams in that Bundle Lord Preston Capt. Billop does not know the Paper though his Mark be to it L. C. J. Pollexfen It is not indeed very material whether he does or no because he did not read all but I would observe that 't is sworn by my Lord Sidney that this was delivered to him by my Lord President and sworn by my Lord President that he had it in that Bundle from Capt. Billop Lord Preston But my Lord It does shew that there may be some alteration in the Papers because he having marked it and marking none but what he read he does not now own that to be the Paper Mr. Sol. Gen. Pray will your Lordship be pleased to take it as it is These are two Papers the one is only the Cover the other is the Writing Capt. Billop has only marked the Cover and not the Writing but my Lord Sidney he has marked the Paper it self as delivered him by my Lord President and my Lord President has given you an account that it is one of the Papers he received in that Bundle from Capt. Billop Lord Preston I only mark That there may be alterations made in these Papers since they were taken Mr. Serj. Tremani Pray Read it Cl. of Peace December 31. 1690. It is Directed to Mr. Jackson The Bearer can give you so full an account of all things relating to your Estate here that I need not have troubled you at this time but that I am desirous to lay hold of any Opportunity I think safe to assure you of my Service and that I will never quit your Interest whatever the rest of the Freeholders do Your Adversary has been so hard to his Neighbours that he has extremly disobliged all the old Tenents and a little matter would redeem the whole Estate if you would appear in Westminster-Hall your self the best Council have a good Opinion of your Title and will zealously pursue your Instructions I only beg you wou'd hasten them to us and that you will appear your self assoon as is possible no time should be lost and the Cause may be brought to a final hearing before the end of Easter Term if it be well sollicited I heartily wish you a happy New Year and beg you to tell Mr. Charlton that I long to know wherein I may serve him and that I will follow his Directions to the utmost while I live God keep you and yours Lord Preston Pray Sir To whom is that Letter Directed Cl. of Peace To Mr. Jackson my Lord. Mr. Serj. Tremani Pray shew that Paper to my Lord Sidney Which was done Lord Sidney This is one of the Papers I received from my Lord President Then it was shewn to my Lord President Lord President This is one of the same Papers that I received â—n the Bundle from Capt. Billop L. C. J. Holt Read it Clerk of Peace Reads 31 December The Interruption of the former Correspondency had a very ill Effect many ways but for that reason no Opportunity ought now to be lost and I hope this will prove a happy one In Trade as well as in Government Schemes must be laid for there is no living from hand to mouth any more in Commerce than in the Politicks Lay therefore your designs probably and pursue them diligently and with Vigour though it be a hazardous time yet by ventring boldly where venturing is adviseable it often returns great profit There is nothing more to be said but to give the Bearer fit and full Seasons to tell what he knows both as to Goods fit for our Market and when and where to be sent the Sea will quickly grow so troublesome that unless you dispatch what you intend for us you will loose a great opportunity of advantage I hope the account he has to give of our Negotiations here with the Merchants that deal with us especially those that have lately brought us their custom will both encourage a larger Trade and excite the utmost diligence I will say nothing of my self It shall be enough that I can live in the good Opinion of one I bear so great a reverence and affection for but for this honest Factor I must own I can hardly say enough Truth and Boldness are excellent qualities in a Servant and he has shewn both as Occasion has required him to shew them I have but one word to add and pray take it as the truest mark of unalterable respect chuse well but have to do but with a few for a multitude may give but can never keep Counsel I shall with more impatience then becomes me wait the result of this and it will be a great mark of goodness to let us have it the best and safest way Once more let not the Season spend unprofitably for a more likely one can hardly come than between this and the 1st of March. Interpret this I pray as no private Interest of my own or partial motion of any other Person It is my Sense my Duty and my Friendship which will not let me prevaricate nor suffer those I love and honour to loose so happy and pressing an occasion of advantage With the best Wishes I close up this and am c. Lord Preston Pray my Lord who is that Paper directed to L. C. J. Pollexfen This is directed to no body at all Mr. Soll. Gen. Shew that Paper to my Lord Sydney Which was done Lord Sydney This was one of the Papers I had from my Lord President Then it was shewn to the Lord President Lord President This is one of the Papers I had from Captain Billop L. C. J. Holt. Read it Clerk of the Peace Reads This is Dated December 31. but is not directed to any Body at all IT is a presumption incident to those that are any where upon the spot to think that they know better then those that are not what is fittest to be done in any Occurrence This makes me say That now is the time to make large advantages by Trading the Sea being freer then two Months past or we can hope it will be two Months hence This Gentleman is well instructed in our Markets and what the Goods are we want and when and where they should be sent It is most earnestly desired that this happy opportunity may not be lost espeally by the late Vndertakers and I would not for much they should receive the least disgust They are somewhat positive in their termes but they also say they will be good and constant Customers and I have more than once seen the mischief of over-rateing and over-staying the Market Opportunities are to be used they cannot be given by Men. The
with you Mr. Ashton I had not seen Mr. Ellyott of Three Months before I went into the City to hire the Boat L. C. J. Polexfen Why would you have my Lord Preston go with you Mr. Ashton Why would I have my Lord Preston go with me My Lord I hop'd to have got my Passage free with a Person of my Lord's Quality L. C. J. Holt Then you hired this Vessel for my Lord Preston Mr. Ashton No my Lord. L. C. J. Holt. Was it my Lord's Money or your own that you paid Mr. Ashton The Money I paid but how I should be repaid I cannot tell L. C. J. Holt Would you for your own Convenience pay a Hundred Pounds for a Boat to go to France and yet hope to get your Passage free by taking in my Lord Preston Mr. Ashton Truly my Lord I cannot tell how it would have been at the utmost we could but have paid our share of it L. C. J. Holt But you can tell me if you will I ask you how it was agreed among you Mr. Ashton Truly my Lord as I hope to be saved I cannot tell L. C. J. Holt Then there is another thing why did you desire one of the Sea-men to say That you were to go to Flanders and not to France and give him Half a Crown to say so Mr. Ashton I presume your Lordship knows that it is a Fault though it be not a Treasonable Fault to go into France L. C. J. Polexfen But Mr. Ashton Truth is the thing that we are enquiring after and that is the thing we would have prevail and I hope shall in all Cases If you are not Guilty we hope it will prevail of your side if you are guilty we hope it will prevail on the other side Now how likely is it that you should get into this same Company by chance without a Previous Agreement you sent something from Burdet's a Hamper and a Trunk and afterwards some other things went from Rigby's who is your Father-in-Law Mr. Ashton No There was nothing at all carried from Mr. Rigby's L. C. J. Holt Yes the Leather Bag I believe but another thing is this That if it be possible you will do well to give an answer to why did you enquire for a hiding Place Why did you ask the Master of the Ship whether there was a convenient Place to hide in Mr. Ashton As to that Matter my Lord I had heard of diverse People that actually had Passes and were going to Flanders yet were stopp'd and brought to Town again I believe my Lord Nottingham has bail'd many a One and your Lordship knows it to be so and has bailed many your self and therefore I had great reason upon that account to endeavour secrecy as much as I could L. C. J. Polexfen Mr. Ashton as I remember you said your self you were once before a going over and had the Misfortune to be stopt now to venture the Second time without a Pass was something strange why had you not gone and applied your self to the Secretary for a Pass Mr. Ashton I had made all the Application I could to my Lord Nottingham I cannot say in my own Name because I was sure before hand I should be denied but I did by other hands endeavour to have got a Pass to have gone into Flanders because it was of extraordinary consequence to me as I tell your Lordship to go quickly L. C. J. Holt. If you had such an occasion to go and had made it out to the Secretary and given Security you might have got it sure L. C. J. Pollexfen One word further Why should you be so much concerned to have these Papers thrown Over-board Mr. Ashton Perfectly out of Friendship and had I been Travelling with your Lordship or any Man else that had been so unfortunate I would have done the same L. C. J. Pollexfen Well Have you any more to say for your self Mr. S. Tremain Mr. Ashton call what Witnesses you will and speak as long as you will for your self you shall be heard at large Mr. Ashton Mr. Serjeant I thank you heartily I have no more to say at present L. C. J. Holt. Then the King's Council desire to speak a Word to the Jury Mr. S. Thompson May it please your Lordship and you Gentlemen of the Jury It falls out to be my Duty to Sum up the Evidence that has been given I opened the Cause at the beginning to you and I opened it at large and many Particulars there were mentioned and truly I do not think we have failed in the Proof of any one I know you are Men of that Observation that I need not nor shall take upon me to repeat all the Particular Circumstances but as near as I can I shall touch upon the Heads of the Evidence and do it with as equal regard to my Duty and as much tenderness to the Prisoner as any one can do Gentlemen In the First place you see what the Indictment is for 't is for a High-Treason of a very Great Nature no less then the Deposing the King and Queen and Subverting this Government and that by a French Power and Interest If Inviting an Invasion and giving an Account of the Weakness and where the Strength of the Government lay carrying Papers to Sollicite the French to come and to incite this Nation into Rebellion that so they might depose this King and set up the late King James again If these be High-Treason as doubtless they are then Gentlemen how far forth the Prisoner at the Bar had a share in it I must refer to you from what we have proved He is the Man it seems that made the first step for you may remember it was proved that he met this Woman at Burdet's in the City for the hiring of this Ship and after Two or Three Meetings more they come to a Conclusion and 93 Guinies and Six Pence are deposited to make up a 100 l. which was the Price agreed upon and that was actually paid by Mr. Ashton this is Sworn to be so The next thing is to what purpose this Money was paid and the Ship hired that is directly Sworn it was to carry Mr. Ashton and Two or Three more of his Friends not naming of them and they were to go to France one of the Witnesses says to any Port in France it was not directly declared to what Part. This I say was the purpose for which the Money was paid and the Vessel hired and this was to carry you Mr. Ashton and Two or Three more Friends of his into France It is true Mr. Ellyott afterwards did meet Mr. Ashton and I think was by at the Bargain making or at leastwise when the Money is paid I will not be positive in that because I would do him no wrong he being to make his Defence hereafter Mr. Ashton No he was not by I made the Bargain my self Mr. S. Thompson Then afterwards I remember one Circumstance when he hired