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A25883 The arraignment, trials, conviction and condemnation of Sir Rich. Grahme ... and John Ashton, Gent. for high treason against ... King William and Queen Mary ... at the sessions ... holden ... on the 16th, 17th and 19th days of January, 1690 ... : to which are added two letters taken at Dublin the 4th of July, 1690. Preston, Richard Graham, Viscount, 1648-1695, defendant.; Ashton, John, d. 1691. 1691 (1691) Wing A3768; ESTC R22452 178,632 142

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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 D●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 M●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
Enemy of our said Lord and Lady the King and Queen this Kingdom of England to Invade and to send Ships within this Kingdom of England the City of London of our said Lord and Lady the King and Queen that now are to Plague as also to cause very many Subjects of our said Lord and Lady the King and Queen that now are to Rise and War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to move procure make and levy And you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the same day and year at the aforesaid Parish of St. Clement Danes in the County of Middlesex of and for the same your Treasons and Traiterous Compassings Imaginations and Purposes aforesaid to execute fulfill perfect and bring to effect into your Hands Custody and Possession then and there Secretly Knowingly Vnlawfully and Traiterously did obtain procure detain had concealed and kept two several Bills of Exchange then before made for the Payment of several Sums of Money to the Enemies of our said Lord and Lady the King and Queen that now are as also very many Traiterous Letters Notes Memorandums and Instructions in Writings then and there composed and prepared with that intent 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 the Ships for and on the behalf of them 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 to Repell and Resist their Enemies and how some of the same Ships were Manned and of the Names of the Captains of divers of the same Ships and how the Castles and Fortresses of our said Lord and Lady the King and Queen called Portsmouth Southsea and Gosport within this Kingdom of England were Strengthned and Fortified and how the same Castles and Forts 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 the Times 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 Enemies and Ships of the Enemies of this Kingdom of England should Fight against the same our Lord and Lady the King and Queen of England and their faithful Subjects as also to procure provide prepare and obtain against our said Lord and Lady the King and Queen Assistance and Armed Men to Invade this Kingdom of England and 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 depose and to stir up promote and procure the aforesaid Lewis the French King then and yet an Enemy of our said Lord and Lady the King and Queen to Invade this Kingdom of England and to send Ships within this Kingdom of England the City of London of our said Lord and Lady the King and Queen to plague as also to cause very many Subjects of our said Lord and Lady the King and Queen to Rise and War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to move procure make and levy And you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the Thirtieth day of December now last past at the aforesaid Parish of St. Clement Danes in the County of Middlesex concerning and for the same your Treasons and Traiterous Compassings Imaginations and Purposes aforesaid to execute fulfill perfect and bring to Effect for One Hundred Pounds in Moneys numbred by you the said Sir Richard Grahme John Ashton and Edmund Elliott then and there paid and deposited 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 Elliott with the said Bills of Exchange and the aforesaid Traiterous Letters Notes Memorandums and Instructions in Writing into the Hands Custody and Possession of you the said Sir Richard Grahme John Ashton and Edmund Elliot secretly unlawfully and traiterously kept concealed and detained from this Kingdom of England unto and into France in Parts beyond the Seas then and yet under the Rule and Government of the said Lewis the French King then and yet an Enemy of our said Lord and Lady the King and Queen secretly to carry and transport with that intent the said Bills of Exchange Traiterous Letters Notes and Memorandums and Instructions in Writing there in parts beyond the Seas to the Enemies of our said Lord and Lady the King and Queen and other Evil-disposed Persons to deliver and disperse And the said most wicked Treasons and Traiterous Compassings and Imaginations aforesaid to fulfil perfect and bring to effect as also to cause promote and procure the aforesaid Enemies of our said Lord and Lady the King and Queen to invade this Kingdom of England with Ships and Armed Men. And you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the 30th Day of December now last past at the aforesaid Parish of St. Clement Danes in the County aforesaid concerning and for the same your Treasons and Traiterous Compassings Imaginations and Purposes aforesaid to execute and fulfil maliciously traiterously and advisedly then and there and diverse other days and times as well before as after took upon your selves to very many other Traytors to be aiding and assisting in the execution of the Treasons and Traiterous Compassings Imaginations and Purposes aforesaid and then and there to wit the same 30th day of December now last past at the Parish of St. Clement Danes in the County aforesaid maliciously secretly and traiterously 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 aforesaid unknown you the said Sir Richard Grahme John Ashton and Edmund Elliott from thence to and into the aforesaid Ship so as aforesaid hired and prepared to carry and convey And you the said Sir Richard Grahme John Ashton and Edmund Elliott maliciously and traiterously into the same Boat then and there did enter and your selves from thence in and by that same Boat unto and into the Ship aforesaid then and there unlawfully and traiterously did cause and procure to be carried with the intention aforesaid And you the said Sir Richard Grahme John Ashton and Edmund Elliott with the same Bills of Exchange and the aforesaid traiterous Letters Notes Memorandums and Instructions in Writing and in your Hands Custody and
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
believe they were zealous and cordial in their Duty to Mr. Redding Now what Interpretation you will make of this I 'll leave to you Then there is another Letter to Mrs. Charlton and another to Mr. Jackson and divers other things that have been read and amongst the rest hath been read the Heads of a Declaration at large shewing what should be done and what Methods should be taken in order to the restoring the late King and deposing this And there is also mention made in a Paper how divers Persons who were to be pardoned as particularly all Justices of the Peace actually in Commission are not to be excepted Outlaws are to be pardoned Chimney-Money to be taken away and all that come in within One and Twenty Days are to be forgiven So that it is plain these Letters import a Design to depose the King and Queen and the Kingdom to be invaded by Foreigners only a little to colour the matter not to lose the pretence of a Protestant Interest altogether there was to be 5 or 6000 Swedes to be made use of in the Invasion Gentlemen if there was a Design of an Invasion be it by Papists or by Protestants if any Act was done tending thereunto it is High Treason within the Statute of 25 E. 3. For purposing and intending to depose the King and Queen manifested by any Overt-Act hath been always held to be High Treason This Gentlemen is the Sum and Substance of the Evidence that has been given at the Bar. Mr. Ashton says for himself it is true saith he my Design was to go to France I was so unfortunate as to have the Papers taken about me I did take them up but says he it is not at all proved that any one of the Papers that are now produced are my hand Which is true There is no such Proof The next thing is that Mr. Ashton being ask'd What occasion he had to go to France He says he had formerly a Relation to Coll. Worden and did transact and had the Management of his Affairs which were very great Coll. Worden died half a year ago and he enjoin'd him upon his Death-bed to go into France about settling some Accompts of his and he was desired by the Family of Coll. Worden so to do This Mr. Ashton alledges but he has not proved it 'T is very strange that if Mr. Ashton was to go to France to negotiate that Affair for Colonel Worden's Family none of that Family should be produced to prove that Coll. Worden gave him such Directions or that the Family desired him to go into France upon that account Then Mr. Ashton hath endeavoured to give another reason for his Voyage into France he affirms he had some Affairs of his own with relation to the late Queen he was concerned for her and she did owe Monies here and he paid several Debts to Tradesmen particularly 400l she owed to the Coach Harness Maker and he having paid it went over to reimburse himself The Tradesman was produced and he says Mr. Ashton did pay the Mony a Year ago but whether Mr. Ashton had Effects from the late Queen or paid it out of his own Pocket does not appear Mr. Ashton says he paid it out of his own Pocket which is very extraordinary that he should be so kind to pay what he was not obliged to pay and have no security to reimburse himself So that Gentlemen you had best consider whether there be any thing at all said or proved that can justifie Mr. Ashton's going to France or whether there be any good reason offered for it Then Ashton has called Witnesses to prove that he was alwaies a Protestant though he did live in a Popish Family where they did incourage Papists and discountenance Protestants for which he had the ill will of those he did depend upon Gentlemen all that is agreed and it is not a question in this Case whether Mr. Ashton be a Protestant or a Papist but the Question is whether he be guilty of High Treason from which the being a Protestant does not secure a Man But Gentlemen if Mr. Ashton had no Knowledg upon what design the other Persons were to go into France though he had actually gone into France it had been a Crime in this Juncture of Affairs yet not High Treason but to go on into France and carry a Treasonable Scheme of a Design and Project of an Invasion that is Treason Now the Question is whether Mr. Ashton went with such a Purpose or not you are to consider I would not lead you into any strain of the Evidence but only state it how it stands It is plain he was concerned all along in hiring the Smack and as the King's Counsel observed to you the Price was something extraordinary they were to pay 100l for the Voyage to which was added some Encouragement to the Woman that if she performed this Voyage well she might get 1000l before Lady Day and the Mony was paid by Mr. Ashton and he was taken aboard the Vessel Mr. Ashton was much concerned to secure the Papers by taking them out of the place where they lay upon the Ballast under the Quarter-Harches and after they were taken out of his Bosom he was very importunate and so often with Captain Billop to throw them over-board And why should he be so earnest and concerned unless he very well knew and was acquainted with the contents of those Papers And he gave one of the Seamen 2s 6d to say they were bound for Flanders Unless it was a matter of great Importance he went about and that was not fit to be known why should he deny it or labour to have it concealed An 100l to be paid for this Voyage was upon a joint Account as well for my Lord Preston as for Ashton and Elliot Mr. Ashton did pay the Money and he does not make it appear whose it was Gentlemen it rests upon you to consider the Evidence you have heard whether it is sufficient to induce you to believe Mr. Ashton was going into France with these Papers to carry on the Design of Deposing the King and Queen and invading the Kingdom If you are not satisfied in your Consciences that he i● 〈◊〉 then find him not Guilty On the other side if you are satisfied that he is Guilty I do not question but you will find him so L. C. J. Pollixfen Look you Gentlemen of the Jury My Lord has rightly repeated and stated the Evidence to you I shall only say but a very few Words to it Mr. Ashton as at first he did so in his Defence has complained of a very speedy Tryal and would insinuate something of Favour that he might find for that Reason It does appear he had notice of his Tryal sufficient and had Time enough to prepare for it But there is one thing extraordinary has happened to his Advantage which I would desire may be taken notice of If he had been tryed on Saturday perhaps