Forces of a Declared Enemy These are the things that the Prisoners are charged with and certainly there ought to be no delay in the searching into such Matters as these They have had a Weeks notice of Tryal already and for many days of that week at least they have had as many Councel to assist them as they desired and all the Sollicitors that they had a mind to have had free access to them so that they have wanted no opportunity to prepare for their Tryal that Men in their Circumstances could have As to what has been said with relation to the Jury the Law indulges them in the Number of their peremptory Challenges without being put to shew Cause and the Court hath granted them at the very instant of their Pleading a Copy of the Pannel and there is a reasonable time between this and to morrow for their making such Enquiry into the Jury as is justifiable and fit to be made But if by time to look into the Jury it be meant that there may be a time for tampering that I am sure your tenderness of the Government will not permit you will take care as much that no such thing be done as you will that they should not be surprized If your Lordships are pleased that the Tryal be put off till to morrow we will be ready to morrow to attend it L. Preston My Lord 't is a very hard presumption that Mr. Sollicitor makes of our asking a Copy of the Pannel that it is with a design to tamper with the Jury Mr. Sol. Gen. I did not say so but I said till to morrow was time enough to make a Justifiable Enquiry L. Preston But if I be to be tryed to morrow I am willing to be tryed to day for I am as ready now as I shall be then L. C. J. Holt. It may be so and as ready as you will be after the Term But I know not what your Lordship means by expressing such resentment that because you can't have what time allowed you would therefore you will have none but be tryed now L. C. J. Pollexfen You may have time enough to prepare your self as to the Jury certainly between this and to morrow Mr. Serj. Thompson My Lord we that are for the King have given these Gentlemen notice long enough to be prepared if we should try them now for that 's the time we gave notice for but because we would indulge them as far as we could we are willing that they should have till to morrow and intending them that kindness are not ready to try them to day and there can be no pretence for them to put off this Tryal any longer for there can be no want of Evidence as to the Fact we charge them with for all the Evidence that we shall bring against them was taken from themselves or the greatest part of it L. C. J. Holt. Well What time will you be ready then Mr. Serj. Tompson To morrow morning L. C. J. Holt. Then to morrow at Eight a Clock you are to be tryed L. C. Pollexfen My Lord Preston do but consider you had seven days notice and to morrow makes eight L. C. J. Holt. You had notice for this day this day sevenight Mr. Ashton But we have had only three days time to consult with our Councel though we desired we might have our Councel come to us that day Mr. Sol. Gen. They were told they must apply themselves to the King for that at the same time Mr. Ashton We did do so that night to my Lord Sydney then Sunday interven'd which was no day for Business and we could not have our Order On Monday we could not have it till night so that it was Tuesday before we could get any Body to us My Lord it is a Weighty concern and all such hasty Proceedings were thought very hard in the late Times and particularly the denying Mr. Cornish time and 't is one of the Reasons given in this Kings Declaration for his coming here into England the hardships that the Law laid upon Men in their Tryals which he came to prevent L. C. J. Pollexfen The hardship that was upon Mr. Cornish was that he was taken upon the Tuesday off from the Exchange and tryed before that day sevenight and that was hard indeed but besides he was taken about his Business off from the Exchange I know not whether you were about your Business your Lawful Business when you were taken God of Heaven knows that And pray consider here is a matter of very great consequence on the one side and on the other For if Men be Plotting against the Government to give them time to carry on their Plots will be mischievous on that side Mr. Ashton My Lord till that be legally proved before your Lordships that is but a supposition L. C. J. Pollexfen That will lie upon them to prove L. C. J. Holt. Mr. Ashton we are to suppose you not Guilty till you are proved Guilty Mr. Ashton Then my Lord the Law says we may except against so many Persons what is the end of the giving us a Copy of the Pannel 't is not to be presumed we can do it by their Faces for what can I say to the Face of one I never saw We must enquire concerning the Men and that is a work of time for some of these Gentlemen I presume live eight or ten miles out of Town Is it possible for me before to morrow morning eight a Clock to send to 35 Men to enquire after them L. C. J. Holt. No nor is it intended you should L. C. J. Pollexfen Nay if you intend to send to the Jury-Men we have no reason to give you time Mr. Ashton I mean to enquire after the Men their Lives what Religion they are of what sort of Men they are L. C. J. Holt. I suppose they are all Protestants of the Church of England but suppose they are all Strangers to you and yet good and lawful Men of the County and there be no difference between you and them then they are fit to try you Mr. Ashton 'T is true my Lord but if I have liberty to except against 35 I ought to know something of them L. C. J. Pollexfen Yes and inform your self as well as you can of them but not to send to them that is not to be permitted L. Preston There is another Point to enquire of them and that is Whether they be Freeholders or not L. C. J. Pollexfen We have neither you Lordships Affidavit nor the Oath of any other Person only an Allegation L. C. J. Holt. My Lord you must expect your Tryal to Morrow Morning we cannot put it off we are limited in time the Sessions can hold no longer than Monday because of the Term. Mr. Ashton Then will your Lordship please to put it off till Monday L. C. J. Holt. No we shall not have time to do it it may be a long Tryal L. Preston I protest
now My design was to go to France and I had very great and good Reason for it I think I had endeavonred all ways I could in the World to procure a Pass to go to France 't is very well known I did business under Lieutenant-General Worden that died half a year ago his Accounts are now depending and such Accounts as may be prejudicial in some points to his Family to whom I have always own'd and must a great Obligation and would be very glad upon all occasions to serve it and all the Branches of it this was not the whole nor the only design I had in going thither but I had likewise some business of my own I have a considerable Sum of Money owing me if it be necessary to prove it I can prove it by a Bond from a Person that is there a great Sum it is a very considerable one to me at least And my Lord I did think if I did not go my self it was impossible for me to do any thing in that Affair and that was the true and only Reason of my design in going to France having been out of hopes of getting any other Convenience otherways this was not a Design just now formed as if I were just now upon some Plot concerning the Publick but it has been my design ever since Lieutenant-General Worden died and he upon his Death-bed ingaged me to do it and I once went down hoping to have gone from Dover and there I was apprehended and taken And my Lord I have used all manner of Endeavours to go other ways but they have always failed me and this way I hoped would have taken my Lord I do own I did hire the Boat and I did pay the Money but with Submission I think that is not any manner of Treasonable Act my Lord perhaps it is an ill Act but it does not amount in least to Treason going to the King's Enemies suppose I went upon that account that is no manner of Treason in the World carrying Papers to the King's Enemies except it be proved that I was privy to them and knew the Contents of them if Lawyers inform me right is not Treason then what remains 'T is true I must own the Papers were found upon me and I believe there is no body that has heard the Evidence that has been given but must readily conclude that I found them in the place where the Sea-man says I took them up and besides my Lord there is not any manner of proof so much as aim'd at by the King's Council in all their Evidence that I was privy to any one of these Papers so that my Lord I think there is very little proved upon me at all I had the misfortune to be taken in this Company that was going where these Papers were taken it 's true but they have not attempted to prove that I was privy to or knew any thing of them at all nor that I was more concern'd than that they were taken in my Stomach this is all I have to observe upon the whole as to the business of the Indictment there are great and grevious Aggravations in it and such as I am not able to comprehend the meaning of the Words confound me and therefore I humbly desire your Lordship to tell me upon what Statute I am Indicted L. C. J. Holt. I 'll tell you Mr. Ashton you are Indicted upon the 25th of Edward the Third for conspiring compassing and imagining the Death of the King and Queen and for that purpose going into France and endeavouring to incite the French King to invade the Kingdom and telling him how he should do it and letting him know in what State and Condition the Kingdom was and how fit to be invaded M. Ashton Pray my Lord is that at all proved upon me L. C. J. Holt. That is the Question that the Jury are to judge of upon the Evidence that has been given Mr. Ashton As to that of compassing the Death of the King and Queen I am ignorant of dealings in Law but I conceive there are several Species of Treason mentioned in that Act of the 25 of Edward III. and as to the imagining the Death of the King that 's only to be proved by some Overt Act Now I think nothing at all has been proved of any open Act conducing to prove the imaginary or compassing the Death of the King or Queen no manner of Consultation or Treasonable Act at all and therefore my Lord I do not see that there is any great matter that is proved upon me and I hope you are of that Opinion too L. C. J. Holt. Mr. Ashton that you may not go away with a Mistake any that design'd the Deposition of the King and Queen and the Invasion of the Kingdom which is proved by any Overt Act it is sufficient to prove that they compass and imagine the Death of the King and Queen Mr. Ashton I presume it may be so I believe that may be the Construction of the Law L. C. J. Holt. And I make no question but those that you have consulted with have told you as much Mr. Ashton Truly as to Counsel my Tryal has been as hard as ever Man met withal L. C. J. Holt. Why do you say so Mr. Ashton the Court has not been hard upon you Mr. Ashton My Lord I do not complain of the Court but as to the matter of time I had notice by that Gentleman Mr. Bale to prepare for my Tryal and that was on Friday and not before L. C. J. Polexfen Friday was Sevenight you mean I suppose Mr. Ashton Yes I do mean Friday was Sevenight I was then a close Prisoner I had not the opportunity or liberty of seeing any Christian Soul I spake to him then and told him Mr. Bale this is very short notice pray be so kind as to move my Lord that I may have Council truly he was Civil enough and said he would do all he could says he will you give me the Names of your Council so I gave him the Names of four and of a Sollicitor but I never heard more of him in the matter I did with all my Industry and Skill give my Friends notice but I was under great difficulty for I had not the liberty of Pen Ink nor Paper nor a Man to send upon a Message on Saturday I gave my Friends notice of it upon Sunday which was no very good Day for business they apply'd themselves to my Lord Sidney whose Favour and Kindness I shall always own as long as I live he gave me all the dispatch possible and got me an Order to see my Wife that day though it was Sunday the next day I made Application to have my Council come to me that was Monday he with the same readiness procured that but it was Tuesday in the Afternoon before I could see any living Soul but my Wife and some of the Council that I desired would not readily come
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
that it was hoped it may be out in March But you will find by other Papers and particularly by one of my Lords own Hand-writing that he was of another mind that the Fleet will not be out before June Gentlemen the last sort of Papers which I will mention to you are some Memorandums and Notes written by my Lord Preston wherein he gives an Account of several Things of great moment which as his memory served him are put together without connexion or method being only to remind him of them when he should have occasion to mention them He therein gives an Account of the Number and Strength of the English Fleet how they are manned and who are the Principal Officers and Commanders and in what time they will be out He likewise gives an Account of the Number and State of the Dutch Fleet and how that is to be divided and disposed of And with relation to the French Fleet there is a particular Memorandum That they must be out at farthest in April That they must be out so as to separate the Dutch Fleet and ours That they must be sure to look in at Spithead as they come by and secure what Ships should be in that Harbour from joyning the rest There is also a hint given of those that were most likely to come in to them And there is Advice in what place their Fleet should fight ours They must not come so high as Beachy where they fought the last year but rather chuse to fight in the Chops of the Channel There is an Account of Portsmouth how fortified and garrison'd that it had but 500 men that Gosport had nothing but Pallisadoes about it and Southsea Castle very weak There are Memorandums of other Heads proper for a Declaration There are the Names of several Persons some of them with particular Characters and some without and amongst the rest there is this Character given of the Clergy of the City of London that they are the worst of all others Gentlemen we shall proceed to the Evidence and first call the Living Witnesses and then read the Papers and when you have heard what the one can say and what the other contain we must leave it to your Confideration and submit all to the Direction of the Court. Mr. Serj. Tremayn Pray swear Mrs. Pratt Jane Pratt Who was sworn with Seven or Eight more Mr. Serj. Tremayn Mrs. Pratt Pray will you tell us what you know concerning the hiring of a Vessel and whether it was to go and by whom it was hired and for what Pray tell your whole knowledge in this Matter Mrs. Pratt Mr. Burdet may it please your Lordship sent for me to his House to hire a Vessel to go for France and asked me if I could carry them secure I told them I could let them have a Smack that would carry them and if it please you my Lord we met several times at his House and at last there was Mr. Ashton there and Mr. Ashton appointed to meet at the Dog Tavern upon Ludgate-hill I think they call it the Wonder Tavern L. C. J. Holt. Mrs. Pray begin again and speak out Mrs. Pratt Mr. Burdet sent for me to hire my Smack to go for France and they asked me if I thought it would carry them secure I told them yes I thought it would And I came several times about it to Mr. Burdet's House the Smack was not then come to the Tower as it did afterwards and then after they sent for Mr. Ashton and he met me at Mr. Burdet's and meeting at Mr. Burdet's he gave me a Note to meet at the Dog Tavern upon Ludgate-hill and there Ashton met but Mr. Burdet did not come Mr. Serj. Tremayn Who was with Ashton when you met at the Dog Tavern Mrs. Pratt None but a Man of his as Mr. Ashton said there we sat about an hour and an half and did nothing At length we went away and appointed to meet at Mr. Burdet's House the next day at Seven or Eight a Clock and there we met and the Bargain was made Mr. Serj. Tremayn What Bargain Mrs. Pratt I askt a 150 l. and they told me that was too much says Ashton I will give you Fourscore Says Mr. Burdet pray encourage them offer them a 100 l. thereupon he did offer a 100 l. and we agreed for a 100 l. Mr. Serj. Tremayn What day was that can you remember Mrs. Pratt We met on the Monday and the Tuesday we agreed Mr. Serj. Thompson What Money was paid Mrs. Pratt Ninty three Gnineas and Six pence Mr. Serj. Tremayn Who was by when the Bargain was made Mrs. Pratt Mr. Ellyot was along with them Mrs. Burdet and the Master of the Vessel at the Agreement Mr. Serj. Tremayn What is the Master's Name Mrs. Pratt His Name is Pasely and there was Six-pence broken and Mr. Ashton took one of the Six-pences and Mr. Burdet ordered him to give his Wife the other and so he did and when the money was paid Mr. Ashton brought it in a Paper wrapt up and said we should see it told out and he told it out there and it was Ninty three Guineas and the Six-pence Mr. Serj. Thompson Who did they tell you they were to carry into France Mrs. Pratt Truly my Lord they said Three that was all Mr. Serj. Tremayn What followed then Did they give you any Note where you were to come for them Mrs. Pratt Mr. Ashton bid Mr. Ellyot write a Note where they should come it was at Mr. Rigby's in Covent-Garden at the Seven Stars and there we were to meet at a Eleven a Clock at night and when we came there Mr. Ashton was within and went out and fetch'd in some Company Mr. Ellyot came and two other Gentlemen that I never saw in my Life before Mr. Serj. Thompson Mistris you speak the breaking of a Six-pence what was to be done with that Mrs. Pratt My Master was to bring the half of the Six-pence that Mr. Ashton had to Mrs. Burdett and then we were to have the 100 l. Mr. Serj. Tremayn Had Mrs. Burdet the other Piece Mrs. Pratt Yes Mr. Ashton had one half and she had t'other Mr. Serj. Thompson Was there any Provision carried on Board this Smack Yes there was a Hamper and a Trunck which were fetcht from Mr. Burdet's House my man John Fisher carried the Trunk and a Porter carried the Hamper and I took care to see it put in the Vessel Mr. Serj. Tremayn When you came to Covent-Garden that Night what Discourse had you and what inquiries were there made and by whom Mrs. Pratt Mrs. Ashton comes in as she said Mr. Ashton was her Husband and said there was some News from Court of having Papers in a Hatt and that they had chosen some Lord or other Something it was I remember I can't tell what but says one Gentleman that stood by and said I was chosen the last year that signifies nothing and another said I missed it It
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
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
King and Queen that now are their Crown and Dignity and against the Form of the Statute in that case made and provided How say you Sir Richard Grahme are you guilty of this Felony and High Treason whereof you stand indicted or not guilty L. Preston My Lord I have something humbly to offer to your Lordships L. C. J. Holt. What is it your Lordship would say L. Preston My Lord I find I stand indicted by the name of Sir Richard Grahme Baronet but I do take my self to be intitled to another way of Trial as being a Peer of England by vertue of a Patent before the Vote of Abdication was made and it was in a time when all your Processes and all your Writs went in the late King's Name and all Officers acted by vertue of his Commissions My Lord This is a matter that concerns me in point of Life Estate Posterity and all that 's dear to me and therefore I desire to know whether your Lordships think fit to allow me my Peerage I offer it my Lord with all the respect and modesty imaginable L. C. J. Holt. My Lord I apprehend your Lordship to offer against your being tried here that you are a Peer L. Preston I take my self to be so my Lord. L. C. J. Holt. My Lord you must make that out to the Court. L. Preston I told your Lordships the Ground of my Claim and Apprehension it is from a Patent I received before the Vote of Abdication when all Commissions and all Process and all the Courts of Judicature run in that Name L. C. J. Holt. Where is that Patent my Lord L. Preston It is in the Hands of the House of Lords L. C. J. Holt. My Lord Preston we cannot take notice of that Patent if your Lordship plead that you were made a Peer by a Patent under the Great Seal of England you must produce it under the Great Seal that the Court may see what it is and whether it be sufficient to justifie your Plea L. Preston I hope your Lordship and this Court will enable me to do that by sending an Order to the Clerk of the House of Lords to bring the Patent hither for it is in his hands L. C. J. Holt. My Lord that is not in our power If your Lordship take your self to be a Peer and would thereby stop this Court from proceeding to try you you must be ready to make it out L. Preston I am ready to make it out if I had my Patent here that would make it out Certainly there is some Authority now in being I humbly offer it with all submission and respect that may order the Clerk of the House of Lords to attend this Court and produce this Patent L. C. J. Holt. My Lord Preston we are not to enable you to plead to the Jurisdiction of the Court. L. Preston My Lord I offer it with all respect to the Court I am concerned in it for my Life and my All and if that be overruled this I hope you will do before you go on you will hear me by my Counsel L. C. J. Holt. My Lord it is nothing that you have said for if your Lordship plead this Plea to the Jurisdiction of the Court it ought not to be received without shewing your Patent L. Preston My Lord I desire my Counsel to be heard to this matter L. C. J. Holt. I know your Lordship has had the benefit of Counsel and I know your Counsel must tell you that what you say goes for nothing unless you put in your Plea and produce your Patent that the Court may judge upon it Mr. Sol. Gen. My Lord I have observed what my Lord Preston has mentioned L. Preston Pray Mr. Sollicitor will you speak out that I may hear what you say Mr. Soll. Gen. My Lord I say I have taken notice of what your Lordship has offered It has been most truly observed by the Court that it is your Lordships part to make good your Plea and it ought not to be expected that any Court should help a Person to plead to its Jurisdiction But because it should not be pretended that an advantage was taken against the Prisoner for a defect in point of form or that any thing was insisted on which should have the least appearance of a hardship and that we may proceed in the most clear and unexceptionable manner that can be I must beg leave to observe to your Lordship and the Court how far this matter which my Lord Preston has insisted on has been debated and determined in another place L. C. J. Holt. So on Mr. Sollicitor M. Soll Gen. My Lord upon the 11 of Nov. 1689. My L. Preston did make some claim in the House of Lords that he was a Peer of the Realm the House of Lords demanding of him upon what he founded his pretence he said he claimed by Letters Patents from the late King James which passed the Great Seal before the time of the Vote of Abdication The Lords required that those Letters Patents should be produced which being done and my L. Preston insisting upon his claim to be a Peer of England the Lords thought fit that day to commit my Lord Preston to the custody of the Black Rod. The next day being the 12th of November upon solemn debate of the validity of these Letters Patents and consulting with the Judges then present the Lords nemine contradicente did adjudge and declare those Letters Patents to be void and null And by another Order of the same date they did order Mr. Attorney General to prosecute my Lord Preston in the King's Bench for a High Misdemeanor in presuming to claim Peerage by those Letters Patents And by a third it was ordered that the Letters Patents should remain in Custody of the Clerk of the Parliament Thus you see my Lord this matter hath had already a solemn determination in a Court which had the most proper Conusance and Jurisdiction of Claims in this Nature And they having pronounced their Judgment I did not think it would have been urged again in this place I thought it proper to mention these things to shew how it comes to pass that my Lord Preston has not his Letters Patents to produce and to satisfy every man that there is no hardship put upon my Lord Preston by Trying him here when he ought to be Tried by another Judicature The Lords have given Judgment against these Letters Patents and have Ordered that they shall remain in Custody of the Clerk of Parliament and my L. Preston is not a stranger to these transactions and therefore if my Lords Council had been of opinion he could have made any use of them they would have inform'd him he must have taken another course to have got them and could not expect this Court should make an Order for him contrary to the Order of the House of Lords to take the Letters Patents out of the hands of the Clerk of the Parliament
John Ashton What sayst thou Art thou Guilty of the same High Treason or not Guilty Mr. Ashton My Lord I have only this to observe besides what my Lord Preston has offered as to the Business of the Act of Parliament your Lordships have been pleased to over-Rule that Plea But My Lord I am told That if an Indictment be faulty but even in a Letter we cannot be found Guilty upon that Indictment Now if we never have a Copy of that Indictment how shall we know whether there be any such Fault in it Your Lordships who are our Counsel I suppose have never seen the Indictment and suppose there be Twenty Faults we have not the advantage of them by not having a Copy and how shall we come to have any Advantage if neither your Lordships who are our Counsel nor we our Selves can see them It may turn upon that L. C. J. Holt. But we will see it when you come upon your Tryal L. C. J. Pollexfen That is a Mis-Information for it may be such a Letter as is not Material and it may be such as is Material as suppose your Name being Ashton the A should be left out it would then be a Question What there would be to Charge you Mr. Ashton We know that it has been so in several Instances L. C. J. Pollexfen It may be such an Omission that may make it no Crime but we must not presently conclude that it is so but you have heard it Read and so have we if there had been any such Letter mistaken it would have been taken Notice of Mr. Ashton As to the Reading there may in the Reading of the Indictment be many Words not nicely observed I suppose the Indictment may be Right I say it is possible it may or it may not but if your Lordships never see it who are our Counsel by Law nor you will allow us Counsel to look into it if there be Forty Faults in it we can have no advantage of it L. C. J. Holt. We must not allow you Counsel to pick holes in the Indictment that never was done If you assign any Reason we may assign you Counsel to debate any matter of Law that may arise but never was Counsel allowed to find out Faults in an Indictment when you come to your Tryal we shall try you upon your Indictment and if there be any thing considerable you are to suppose we shall observe it for your advantage Mr. Ashton My Lord We never had a Copy of the Pannel of our Jury I pray we may have it L. C. J. Holt. That you cannot have till you have Pleaded L. C. J. Baron Mr. Ashton We have over-Ruled my Lord Preston about a Copy of the Indictment Do you think we shall Grant it you when we have denied it him Mr. Ashton My Lord I desire we may have a Copy of the Pannel L. C. J. Holt. You must Plead first C. of A. Are you Guilty of the High Treason or not Guilty Mr. Ashton Not Guilty C. of A. How will you be Tryed Mr. Ashton By God and my Country C. of A. God send you a good Deliverance Edmund Elliot How say you Are you Guilty of the same High Treason or not Guilty Mr. Elliot Not Guilty C. of A. God send you a good Deliverance L. Preston My Lord I hope now it may be time to pray that my Tryal may be deferred L. C. J. Holt. Why would you have it deferred L. Preston Because of the distance of my Witnesses and other Things that would be necessary for me to have to prepare me for my Defence and besides we have not had a Copy of the Pannel of our Jury and the Reason of the Law does Order that because it gives us liberty to except against them and that we cannot know how to do unless we inform our selves of the Men and therefore I beg that I may have a Copy of the Pannel L. C. J. Holt. As for having a Copy of the Pannel the Court grants it Let them have a Copy of the Pannel C. of A. Here is one ready for you Mr. Sol Gen. There was Direction given that there should be one ready Mr. Ashton We have demanded it every day since we had notice of our Tryal L. C. Baron You could not have it till there was an Issue joyned and that could not be till you had Pleaded L. C. J. Holt. And as to the putting off your Tryal I know not to what time to put it off L. Preston My Lord I am willing to have this matter Tryed as soon as possible for it cannot but be uneasie to me to lie under these Accusations but some of my Witnesses live in the Country at a remote distance if it may be next Term my Lord or the next Sessions for if I have a Copy of the Pannel to Night and am to be Tryed to morrow Morning How can I provide for my Defence I cannot be prepared to except against the Jury and I am sure you will be tender and consider the Case of a Man whose Life and Fortune are concerned in this Business L. C. J. Holt. To put it off till the next Term is to remove it out of this Court that we cannot do and to put it off till after the Term will be too long a time L. C. J. Pollexfen We cannot sit here after Monday because the Term begins on Tuesday L. Preston My Lord this Term is always a short Term and if I be Tryed to morrow it is Trying me without giving me time for my Defence Mr. Sol. Gen. My Lord there has been all the care taken that the Nature of the Thing was capable off to prevent any complaint of this kind Order was given that my Lord and these Gentlemen should have notice as early as was possible As soon as ever Mr. Attorney General had had an opportunity of looking into the Evidence notice was given them that they should be Tryed and that this was the day appointed for their Tryal But there shall be no contending in a Matter of this Nature for a day If it be desired and the Court please to put it off till morrow we are contented but there can be no reason to put it off for a longer time As there is always a tenderness to be used and I know will be and as far as I am concerned always shall be towards Persons in these Circumstances so there is a regard to be had towards the Government and the Publick I am sure if the Accusation that is against these Gentlemen is true the Government is highly concerned that this Matter should come to a speedy Examination and that Persons that enter into such Designs be brought to Judgment The Charge in the Indictment is of such a Nature as draws very great Consequences along with it it concerns no less then the Life of the King and Queen the Destruction of the Fleet of the Kingdom and the Invasion of the Realm by the
to your Lordships I cannot be ready to Morrow to make that Defence I desire and design to make and which I may make if your Lordships give me a longer day Clerk of Arraignments Here is a Coppy of the Pannel for your Lordship It was delivered to the Lord Preston who gave it to his Sollicitor Mr. Ashton My Lord we shall not have time to enquire into the Jury L. C. J. Holt. Look you we are not bound to do this but you have it as soon as you have Pleaded Mr. Ashton My Lord it will take up 5 or 6 Hours in writing of it out and we must each have a Copy Mr. Sol. General They are all joyned in one Indictment and have joynt-Counsel and joynt-Sollicitors as we are informed Mr. Ashton Then I hope you will allow us liberty till Monday for our Tryal L. C. J. Pollexfen The Court cannot allow longer time the Court here can Sit no longer than Monday and here must needs be a great deal of Business to do of the ordinary Business of the Sessions and when that day comes perhaps it will not serve to go through with the Tryal and then it must be Adjourned till after the Term and in the mean while some are in hopes the King of France may come and determine the Matter Mr. Ashton Pray my Lord Let no Suggestion against us prepossess the Opinion of the Court before we be Tryed L. C. J. Pollexfen I don't Suggest any thing but 't is in the Indictment alleadged against you and that you are to be Tryed upon and if such things be there Suggested as we would give you all reasonable time for your Defence so we must take care that the Government sustain no hurt by delays L. C. J. Holt. It is observed by the King's Counsel that they are Things of very great Consequence and therefore they press for the Tryal L. C. J. Pollexfen I cannot believe but that you will be as ready to Morrow as you can be on Monday Mr. Ashton The Government cannot be prejudiced by putting of it off till Monday sure L. C. J. Pollexfen The Evidence that is to Convict you lies all on their Side that are for the King and I cannot imagine where your Witnesses should be unless they are in France but you had reason to exepect your Tryal being apprehended in the manner as you were and to provide for it L. C. J. Holt. The want of Witnesses is only a Surmise and a Pretence for there is no Oath of any Witnesses that they want or who they are indeed if we had Oath made that they wanted material Witnesses and to material Points for their Defence that might be occasion for our further Consideration but shall we put off a Tryal upon a bare suggestion of the want of Witnesses sure that was never done L. C. J. Pollexfen Name any one particular Man that is your Witness and the particular thing that he can prove for if any of your Witnesses do know any thing of this kind it must be particulars and not Generals If you will not name them it is plain it is only a pretence you insist upon for delay Mr. Ashton My Lord I insist upon the point of the Jury that we have not time to look after them L. C. J. Holt. Then that of the Witnesses is waved L. Preston 'T was I that desired Time for my Witnesses L. C. J. Pollexfen But you neither name them nor bring us any Oath about them or of any thing they can prove for you L. C. J. Holt. Pray don't spend the time of the Court nor you own time unnecessarily you must prepare for your Tryal to Morrow Mr. Ashton My Lord there is not a person in Court I believe but will think it hard that we are so straitned in time L. C. J. Holt. The time you have had notice to prepare for your Tryal is sufficient Mr. Ashton Mr. Cornish's Case has been complained of as a very hard Case in this very respect and we would hope the King that now is came to Reform such abuses L. C. J. Holt. You have been already told wherein the hardship of that Case lay I am sure yours is not like it but take notice we will be Sitting here punctually at Eight L. Preston Will your Lordship please to let us have our Counsel come to us and our Friends L. C. J. Holt. Yes sure you shall have all that is necessary for your Defence that we can allow you but unnecessary Delays must be avoided Then the Prisoners were taken away by the Keeper of Newgate to the Goal Sabbati xvii January 1690. THis Day between the Hours of Eight and Nine in the Morning the Court being sat and those Persons who were return'd upon the Jury were called over twice and their Appearances Recorded then the Prisoners were brought to the Bar. Clerk of Arraignments You the Prisoners at the Bar these Men that you shall hear called and personally appear are to pass between our Soveraign Lord and Lady our King and Queen and you upon Tryal of your several Lives and Deaths If therefore you or any of you will Challenge them or any of them your time is to Challenge them as they come to the Book to be Sworn and before they be Sworn L. Preston My Lord I beg your Lordship will inform me whether if I have any thing to offer to the Court it is proper before the Jury be impanelled or after L. C. J. Holt. My Lord I don't know what your Lordship has to offer I think you have nothing to offer why the Jury should not be Sworn for now your Lordship has put your Self upon your Tryal and are going to proceed in that Tryal and the Jury are going to be Sworn if you have any thing to offer as to them you may Challenge them L. Preston Truly my Lord I have something to offer but it is only what I did humbly offer yesterday and that is that my warning was so short that I am not prepared for my Tryal We had not above three or four days wherein we might consult about it all the former time we have been kept close Prisoners we are now brought here to be Tryed without having time to look into the Pannel of our Jury The Pannel we had not till yesterday and I humbly beg that I may have some time to prepare for my Defence L. C. J. Holt. My Lord this is that which you insisted upon yesterday Your Lordship then said you wanted your Witnesses and your Lordship did not then mention what Witnesses you wanted nor was any Oath made of any one that you wanted and therefore the Court over-rul'd you and wished you to prepare for your Tryal and would not put it off For if it should not be to Day but should be put off till another time it must be the putting of it off till another Sessions for we are streightened with it in point of time for the Session can last
fetch Silk and I was at Mr. Burdett's two or three times and at last Mr. Ashton met me there L. Ch. J. Holt. Look upon the Gentleman is that he Mrs. Pratt Yes that is the Gentleman and he met me there and meeting with Mr. Ashton he hired the Vessel but first of all he desired us to meet at the Dog-Tavern upon Ludgate-Hill to make the Bargain and we did meet there and were there about an hour or an hour and a half and Mr. Burdett did not come and the next Morning Mr. Ashton desired me to meet him at Mr. Burdett's again and the next Morning I met at Mr. Burdett's and there we made the Bargain for 100 l. and there was Sixpence broke in two pieces Mr. Serj. Tremain Was the Hundred Pound paid Mrs. Pratt Yes but we agreed on the Tuesday Morning and there was a Sixpence broken in two and Mr. Ashton had both the Six-pences in his hand and the Tuesday night the Hundred Pound was paid at Mrs. Burdett's Mr. Sol. Gen. Who was by Mrs. Pratt There was one Mr. Ellyot and the Master of the Smack and Mrs. Burdett Mr. Serj. Tremain Did they pay the Money in Gold or Silver Mrs. Pratt This Gentleman Mr. Ashton told the Money there was 93 Guineys and a Sixpence and Mr. Ashton gave one half of the broken Sixpence with the 93 Guineys to Mrs. Burdett and when the Master of the Vessel brought the other half of the Sixpence or I either of us we were to have the 100 l. Sir W. Wil. Pray to what Place did they hire the Ship to go Mrs. Pratt To France Sir W. W. Who hired the Ship Mrs. Pratt That Gentleman Sir W. W. Who paid the Money Mrs. Pratt That Gentleman Mr. Ashton S. W. Wil. To what hand was the Money paid Mrs. Pratt It was paid in Mrs. Burdett's Bed-Chamber into her Hand S. W. W. Who broke the Sixpence Mrs. Pratt Mr. Ashton that day the Bargain was made S. W. Wil. Who carried it away Mrs. Pratt When the Money was paid Mr. Ashton had one Mrs. Burdett had the other part Mr. Serj. Tremain To which part of France were you hired to go Mrs. Pratt To any part where they could touch Mr. Serj. Tremain Pray did they give you any Note about any thing Mrs. Pratt Yes they gave me one Note to meet at the Dog-Tavern and another to meet at the Seven Stars in Covent Garden Mr. Serj. Tremain Who gave you the Notes Mrs. Pratt Mr. Ashton and Mr. Ellyot Mr. Serj. Tremain Look upon that Note Which she did Mrs. Pratt This to my best remembrance Mr. Ashton wrote I cannot well remember the Hand Mr. Serj. Tremain Did Mr. Ashton desire to meet at the Dog-Tavern Mrs. Pratt Yes and he did meet at the Dog-Tavern but Burdett did not L. C. J Holt. When did you meet at the Dog-Tavern Mrs. Pratt On the Monday Night before new-years-New-Years-Day L. C. J. Holt. When was the Money paid Mrs. Pratt On Tuesday Night at Mrs. Burdetts Mr. Serj. Tremain After the Money was paid what did you do the next day Mrs. Pratt Mr. Ashton Ordered a Note to be written to meet at the Seven Stars in Covent-Garden at one Mr. Rigby's L. C. J. Holt. At what time were you to go to Rigby's Mrs. Pratt A Wednesday Night L. C. J. Holt. But at what time Mrs. Pratt Some time about Ten a Clock and we came there accordingly Mr. Sol. Gen. Who was with you at Rigby's Mrs. Pratt There was the Master of the Vessel Mr. Ashton and Mr. Ellyot and two Gentlemen more that I never saw before nor since Sir W.W. I ask you again who first Treated with you about Hiring this Vessel Mrs. Pratt Mr. Burdett first Treated with me about it Sir W.W. Who next Mrs. Pratt Mr. Ashton Sir W.W. Who made the Bargain with you Mrs. Pratt Mr. Ashton Sir W.W. Who paid the Money Mrs. Pratt Mr. Ashton Sir W.W. What can you say more Mr. Serj. Tremain Pray let me ask you when you came to Mr. Rigby's in what manner did you go away from his House and what was said at parting Mrs. Pratt Mr. Ashton was not there himself at first but he and Mr. Ellyot and two other Gentlemen were there afterwards and Mr. Ashton's Wife said something about Papers hove in a Hat at Court and about some bodies being chosen and one of the Gentlemen said there was nothing in that I was one that was Chosen last Year Mr. Serj. Tremain Did Ashton and Ellyot go out together from Mr. Rigby's Mrs. Pratt I did not see them go Mr. Trevor Had you any directions from Mr. Ashton to send for a Hamper or a Trunk Mrs. Pratt Yes that was at Mr. Burdett's House Mr. Trevor When was that Hamper and Trunk to be sent for Mrs. Pratt On the Wednesday Night before we went to Rigby's House Sir W.W. Do you know one William Pasely Mrs. Pratt Yes Sir W.W. Was he with them Mrs. Pratt Yes he was with them Sir W.W. What occasion brought him thither Mrs. Pratt I carryed him to Mrs. Burdett's House Mr. Trevor Pray did the Prisoner desire to see the Master of the Vessel or speak with him Mrs. Pratt Yes and when I brought him he said he liked him very well Mr. Trevor What is the Master's Name Mrs. Pratt William Paseley Mr. Serj. Tremain Had you any Discourse with Mr. Ashton's Wife after they went away Mrs. Pratt We had little discourse onely she gave me some Victuals and Drink and she said she hop'd I would not tell of her Husband Mr. Serj. Tremain What else did she say Mrs. Pratt She hoped God would deliver them out of the Lyon's Mouth Mr. Serj. Tremain Did she say any thing about Cock Crowing Mrs. Pratt Yes she said she thought she should have no good Luck for the Cock crowed Mr. Serj. Tremain Who was by in the Chamber when the Money was paid Mrs. Pratt There was the Master of the Vessel by and Mrs. Burdett Juryman My Lord I heard her say somewhat of some Papers which I do not very well understand Does she know of any Papers that the Prisoner had Mr. Serj. Tremain That was only about the Two Notes L. Ch. Just Holt. She talks of Papers being shaken in a Hat but nothing can be made of it L. C. J. Pollexfen If you would ask her any Questions before she goes now is your time to doe it Mr. Ashton My Lord I desire she may stand up again Mrs. I ask you a Question not so much in kindness to my self as Justice to another Gentleman You say Mr. Ellyot writ one of the Notes Mrs. Pratt Yes as I remember it was that to meet at Mr. Rigby's Mr. Ashton I doe it to justifie that Gentleman I take that Note upon my self and you say I hired the Ship and Mr. Ellyot was by L. Ch. Just Holt. Look you Mr. Ashton Mr. Ellyot is not now upon his Tryal it concerns you only to ask such Questions as relate to your self
deliver the Sacrament to him there Dr. Fitz-Williams No I did not Jury-M Pray Doctor were the Prayers that were used at that time altered as they are now in the Common-Prayer-Book Dr. Fitz-Williams I cannot say they were L. C. J. Polexfen Did you ever see him Drink King James's Health Dr. Fitz-Williams I do not use to Drink Healths I came here only to do an Office of Justice and Kindness to Mr. Ashton to testifie about his Religion and Conversation Mr. Serj. Tremain But answer the Question Did you ever see him drink K. James's Health Dr. Fitz-Williams I cannot remember I ever did Jury-M Was King William and Queen Mary Pray'd for in those Prayers Dr. Fitz-Williams I cannot say they were Mr. Just Eyres But the Jury-M Question was whether King William and Queen Mary were Pray'd for and whether the Prayers were as they are now altered Dr. Fitz-Williams My Lord I say I don't remember there was any Names mentioned as the Prayers are now altered Mr. Serj. Tremain That 's very well Dr. Fitz-Williams I did neither read the Prayers Sir nor Administer the Communion at that time L. C. J. Polexfen But you were not at the Prayers as they are now altered I perceive Dr. Fitz-Williams Yes I have several times Mr. Serj. Thompson Not with that Gentleman Mr. Ashton Dr. Fitz-Williams But I have been an hundred times at the Prayers as they are now altered Mr. Ashton I desire Dr. Lake who is there upon the Bench that he may be asked what he knows of me Mr. Ser. Tremain But I have one question to ask of Dr. Fitz-Williams before he goes L. C. J. Holt. What will you ask him Mr. Serj. Tremain I would ask you Sir one question Have you taken the Oaths to this King and Queen Dr. Fitz-Williams No I have not Sir that 's my Unhappiness but I know how to submit and live peaceably under them Mr. Ashton But there is one Dr. Lake that has taken them he 'll give you an account what he knows of me Dr. Fitz-Williams If any one can say I have done or acted any thing against the Government I will readily submit to be punished for it L. C. J. Holt. Well Dr. Lake what say you Dr. Lake My Lord I have known Mr. Ashton above these sixteen Years we liv'd together in the same Family several of them I always observed him to be a Person of exemplary Piety and singular Devotion he duly came to the Prayers of the Church twice a day and to the Sacrament once a Month he has taken occasion that I know several times both at St. James's and at Edinburgh to testifie his Zeal against Popery and I am apt to think that he has suffered sometimes for doing so Mr. Ashton Dr. Bursh Pray as to my Religion I beg you to give an account what you know of me particularly something you may remember of me of my perhaps over-heat against Popery Dr. Bursh My Lord I have long known Mr. Ashton the Prisoner at the Bar and till within these two years frequently conversed with him and while I did so I believed him a good Protestant and I have so many Instances of it and particularly before some upon whom his Fortune depended but as to any thing of late I can say nothing because our Conversation has ceased Mr. Serj. Thompson Dr. Bursh have you known any thing of Mr. Ashton's Conversation for two years past Dr. Bursh No Sir L. C. J. Holt. Have you any thing more Mr. Ashton Mr. Ashton No my Lord I have nothing more unless your Lordship desire any thing more of this Nature L. C. J. Holt. Call whom you will Mr. Ashton Here is one Mr. Tomlinson L. C. J. Holt. Come what say you Sir Mr. Tomlinson My Lord I waited upon Major Gen. Worden when he was Sick and there read the Prayers of the Church and Mr. Ashton was a constant Attender upon the Publick Prayers at the Visitation of the Sick and was very Devout that 's all I can say L. C. J. Holt. When was this Mr. Tomlinson It was in the Sickness of Major Gen. Worden L. C. J. Holt. How long ago was that Mr. Tomlinson It was about half a year ago L. C. J. Polexfen Were those Prayers as they are altered now or not Mr. Tomlinson It was only the Visitation of the Sick and the Collect for the Morning and Collect for the Evening because the General 's Sickness was such that he could not bear long Prayers L. C. J. Holt. Sir have you been acquainted with the Prisoner any time Mr. Tomlinson About eight Months L. C. J. Holt. Have you any more Witnesses Mr. Ashton Mr. Ashton No my Lord. L. C. J. Holt. Then I would have you to answer me this one thing why were you so desirous and used such Importunity that the Papers should be thrown over Board Mr. Ashton My Lord that is a Point I ought to have spoke to to clear my self L. C. J. Holt. It seems material and I would not have it forgot if you can answer it Mr. Ashton I humbly thank your Lordship and whatsoe'er my Fate is I cannot but own I have had a fair Tryal for my Life and I thank your Lordship for putting me in mind L. C. J. Holt. And take this other thing with it why did you desire Captain Billop to go along with you where you were going Mr. Ashton He has Sworn it my Lord that I did so but as I hope for Salvation if I were to dye immediately I do not know that I spoke to him of any such thing how was it possible that I should prevail with him or how was it likely that I should force him to go along with us when he had about twelve or fourteen Men with him Armed and we unarm'd L. C. J. Holt. Nay it was not Forcing it was but Perswading him to go Mr. Ashton My Lord I do not know any thing of it I 'll assure you but as for endeavouring to perswade him to throw the Packet over-board I must own I did endeavour to perswade him to it and I do presume there is no body in Court that had been engaged with a Person so Unfortunate that would not have done the same thing for any common Friend not knowing what the Contents of those Papers were seeing them in that Posture especially when I saw some body else so near me so uneasie and concern'd to have them seen L. C. J. Holt. Then Mr. Ashton there 's another thing which you open'd which I would have you prove you say you were to go into France upon the Affairs of Col. Worden's Family first you say Col. Worden had a great account to make up how will you make that out Mr. Ashton My Lord if your Lordship please I will prove here in Court though it is a sort of surprize upon me that there is a great Account depending I believe I may appeal to Mr. Sollicitor himself who knows that there is a Petition in the
opening to my Lord President My Lord President says he lockt them up unopened in a close Cabinet in his Closet-room where no body comes there they were that Night and the next Day he carried them intire to the King and some of them were read by the King in the Presence of my Lord President and they were all taken away again by his Lordship no more nor no less and my Lord President brought them all to the Cabinet-Council where they were read and were delivered to my Lord Sidney My Lord Sydney swears these Papers now produced are the same Papers he had from my Lord President and my Lord President swears that they are the same he received by Billop from my Lord Nottingham and my Lord Sydney markt them So that there can remain no doubt of these being the same Papers that were contained in the Pacquet that was taken out of the Bosom of Mr. Ashton Then as to the Matter of the Papers I think it is plain beyond all contradiction that the Import of them is Treasonable They shew a Design of invading the Kingdom by a Foreign Force and of Deposing the King and Queen from the Government and of setting the late King upon the Throne It is agreed as it is mentioned at a Conference between several Noblemen and Gentlemen that were of the Whigg and Tory Party as they call them that the late King was to be restored though by a French Power It was impossible for them to effect it by going plainly to work and saying in plain Words the French should invade us It was to be done in this manner The French King must pretend by all means to be our Friend and a Mediator betwixt the late King and the People of England and this was out of design plainly to get a Party of the Kingdom to joyn with them the most credulous and inconsiderate sort of People who when they should be seduced into a Belief of the French King 's great Kindness It was not doubted but there would be a Conjunction between them and the French Forces to restore the late King And to procure such a Perswasion in the People the French King was to shew himself kind to the English Protestants to appear and act another part than he had formerly done he was to permit them the Exercise of the Protestant Religion thereby to perswade many that his Persecution of his own Subjects the Hugonots was not out of any Aversion to the Protestant Religion but only to their Antimonarchical and Resisting Principles Then an Inconvenience is to be removed for they complain that they are too full of Bigottry at St. Germains and too bare-faced For they make an open Profession of Popery and speak truly what they do intend but say they if they will have the Design take effect they must be more Close and Secret For the Folly and Bigottry at St. Germains was a very great Obstruction Therefore they proposed that some Persons might be substituted as Agents to Correspond here that understood the Temper of the Nation and what would easiliest prevail with the People And a Model was to be framed at St. Germains the Protestants are to be seemingly caressed Seven or Nine to be of the late King's Councel that so we might believe that he was ours in Interest again and that we have a Relation to him And if things were carried with such cunning and subtilty they hoped to delude a great many People over into the Interest of the late King but if they went bare-faced it would cause such great Jealousies that they must totally despair of Success Yet they did not hope by these Artifices to obtain so many Friends here as might have been sufficient to accomplish their Design but they must have recourse to a forreign Force particularly a French Force For says one of the Papers Vse Foreigners to expel Foreigners that is Use French Foreigners to expel Dutch Foreigners who are our Allyes and are falsly accused by them to have trampled upon the Rights and Liberties of the Nation There is one Argument used to encourage People to assist the French in the Invasion of their own Country which I cannot omit namely That as soon as the French with a considerable Expence of Men and Mony had restored the Protestant Religion the late King to the Crown and the People to their Liberties then he would withdraw all his Forces and reap no Profit or Advantage by his Success I must confess this carries so little of Persuasion in it that it is ridiculous to think thereby to impose upon any number of Men. But notwithstanding the weakness of their Arguments it is apparent they were in good earnest the Papers give an account to the French in what state and condition our Forts were Portsmouth not man'd with above 500. and Gosport how weakly fortifyed It was a happy juncture between this and the first of March when Advice is given to make use of the Opportunity For Men cannot give but Men may use Opportunities and something was to be done forthwith and the Goods must be got in readiness particularly the Linnen and the Copper are mentioned which are mysterious and dark Expressions and you may put a Construction upon them as well as I for they are written in a style of Trade as if there were a Correspondence between two Tradesmen and the Linnen and the Copper are ordered to be brought before the 10th of March But however obscure some of these Expressions are there are others that are more plain That the French Fleet must be out in April at farthest and are to come before the Conjunction between the English and the Dutch and Jennings Strickland or Trevannian are to come from St. Mallo's in one Night and to fight the English Fleet in the Chops of the Channel and not to come so high as Beathy where they came the last Year And there is an account given in what condition and state our Navy was how many Ships what Rates how Man'd and who the Officers and then as the French were to be in readiness to come in April so they say our Fleet was not to be out till June Gentlemen There are a great many other Particulars but these are enough nay half of them were enough to make any Man guilty of Treason that was concerned in them or that had a hand in carrying or making use of them Besides there are other Letters which can import nothing but the Writer was of the late King's Interest one directed to Mr. Redding the other to Mrs. Redding and these were to go to France to let them know how zealous he was in his Duty and how the interest of the young Master increased The Letters have these Expressions That though the Family were decreased yet our Interest is increased which is yours and I speak in the Plural Number because I speak the Sentiments of my elder Brother and the rest of our Relations and desire them to
he had had more reason to complain than now he has for he has now and you see he uses it and wisely enough too the Advantage that happened to him upon my Lord Preston's Tryal and he has had time since Saturday to prepare for this days Work so that there is no hard Point upon him as to that Matter but he has had pretty good Fortune therein Next he does insinuate that he is a Protestant Gentlemen the Law does not distinguish between a Protestant Traytor and a Papist Traytor if he has committed such an Offence as by the Law is High Treason the Law does not distinguish nor may we And Protestants may serve Papists Designs though they do not directly intend it Therefore the Evidence to prove him a Protestant is nothing before you for the Matter is only whether he be guilty of this Crime or not In the Tryal of my Lord Preston then the Labour was that My Lord was not the Man that was concerned as the Bearer of this Pacquet of Letters or Writings wherein the Treason is contained but then it was Mr. Ashton the Pacquets were found about him but now it is not Mr. Ashton but my Lord Preston and this is now the Question before you that he stands upon But if so be they were all concerned in the Carriage and transporting of this Business then they are all alike guilty of Treason and therefore they cannot shuffle it from one to another Now there appears some Reason why they would not all agree to be tryed together for now it is but turning it from My Lord Preston upon Ashton and Mr. Ashton upon my Lord Preston and Elliot upon either of them and so by this means all might escape if this were sufficient to serve their turn But the Question before you is whether all these Persons are not all in all equally concerned and 't is the Evidence that must be your Guide and ours for it is not Mr. Ashton's Affirmation that he had Business to go into France and he happened unluckily to fall into these Mens Company that will be a sufficient Excuse unless he prove it It had been an easie matter for him to have proved if he had been going into France upon Business for Colonel Worden but at length that is turned off and then the pretence for going is to recover some Mony he had owing to him there and that he had payed for another Person Had he Paper of Instructions of this kind Had he any one Witness of this thing The Merchandize that he carryed out with him is of another import Where were the Notes or Bonds that he was to recover Where is the Accompt that he had to make up with any body beyond Sea There is no manner of Evidence of any such thing Next Gentlemen do but consider if the Man were so innocent as he would insinuate as if he had not gone with the rest upon this Errand how came the Man to have so heavy a Concern upon him Why should he go to take up these Papers if they were not his Brats Why should he clap them into his Bosom if he knew nothing what was in them Why was his concern so great to have them thrown overboard Gentlemen if you expect that the Hearts of Men should be proved otherwise than as Men guess by one anothers meanings by their Actions 't is impossible to convict any Man of a Crime for if his own Affirmation shall be a Defence he will never want a Defence to keep himself from being convicted But that is not what the Law gives credit to it must be Proof and Evidence that you are to judg upon But of all he pretends to he proves nothing How came he acquainted with my L. Preston Sure he was a Man sufficiently known in the World Why should he go with him and Mr. Ellyott Are they not all known Are they not Persons much of the same Disposition and much in the same Imployment He had been taken a little before he says himself and was hindred from going and he had strange ill luck if there was nothing else in the business than what he pretends Gentlemen in short if you do find by the Evidence that he was going upon a good and an honest Design and that he knew nothing of the Danger that was in these Papers and that these Persons were in by reason of these Papers and yet would go about to have these Papers concealed and endeavour to have them thrown away without knowing what was in them These are Evidences that will be good for you to go by if you have any such but to take his Affirmation because he says it when he proves nothing that is no Evidence to go by I leave it to you as my Lord has done If you are satisfied upon that Evidence that he is guilty I doubt not you know and will do your Duty and will find him so and if you have no such Evidence or any to prove the contrary that he is not guilty then you ought to find him so too Mr. Ashton I beg your pardon for one word L. Ch. J. Holt What would you say Mr. Ashton My Lord I shall reckon it a particular Favor if you will pardon me one word after your Lordship has given the Charge L. C. J. Holt Well what say you Mr. Ashton I think with Submission that there is no proof I knew or was privy to the Contents of any of these Papers L. C. J. Pollexfen Pray Mr. Ashton shew any Man any Reason if you can why did you go down and catch up these Papers if you did not know what was in them they might be for your Advantage to be shewn for any thing you pretend to know Mr. Ashton I did it for my L. Preston's Sake whose Hand was proved and he stands convicted as the Bearer of those Papers Mr. J. Eyres But you forget one thing that was plainly proved Mr. Ashton that when you importun'd Capt. Billop to throw away the Papers you used this as an Argument It would do him no good to injure three honest Gentlemen Mr. Ashton I did not say so my Lord that I know of tho indeed he has sworn it L. Ch. J. Holt Look you Mr. Ashton you have been heard as long as you did desire to speak and were askt over and over again whether you had any more You are not now saying any new Matter if you could urge any thing that had been omitted which made for your Advantage I believe the Court would indulge you tho it 〈◊〉 â—gainst the Course Mr. Ashton My Lord I say 〈…〉 â—â—thing under my Hand there is no Privity proved does Supposition 〈◊〉 a Man And is there any thing but Supposition against me There is not my Hand proved in any of the Papers I beseech your Lordship and the Jury to observe that L. Ch. J. Holt Your being in the Company and being so concerned and importunately endeavouring to have them thrown
several Memorials to shew how this Kingdom might be Invaded by the French To prove this the Evidence that has been produced and given by the King's Council has been long and consists of Two Parts Witnesses Viva Voce that have told you how Mr. Ashton designed a Voyage to France and that he hired a Ship for that purpose and several Papers were taken out of his Bosom In the first place the Witnesses tell you that about the latter end of December last Mr. Ashton and Mr. Ellyott came to Bardett's House where they met with Mrs. Pratt and Burdett having before that spoken to her about a Smack that she called the Thomas and Elizabeth Then there was a Meeting appointed between her and Mr. Ashton at the Wonder Tavern where they did Treat and Debate about the hire of it afterwards they came back to Burdett's again and there the Agreement was made betwixt the Woman and Mr. Ashton the Prisoner at the Bar to have a Hundred Pounds Ninety Three Guinies and Six Pence was fetcht down by Mr. Ashton and told out and deposited in the Hands of Mrs. Burdett then there was a Six Pence broken and one part Mrs. Burdett had and the other part Mr. Ashton had and when either the Master or Mistress Pratt should bring the part of the Six Pence that Mr. Ashton kept to Mrs. Burdett the Hundred Pounds was to be paid And this Agreement being made 't is possitively Sworn that they did ask whether there was a Hiding Place in the Vessel an Answer was made There was one and thereupon a Note was given that the Master and Mistress Pratt should go to the Seven-Stars in Covent-Garden Upon Wednesday Night they went there according to the Direction where meets Ashton and Ellyott but before that there was a Boat hired at Surrey-Stairs to carry them down to the Ship through Bridge over-against the Tower but the Tide not serving till about Ten a Clock at Night they had agreed with a Water man for Half a Crown to carry them and he was to stay till the Tide served And when they went out from Rigby's they parted Ellyott and the Master went together Mr. Ashton did not go with them but came near about the same time to Surrey-Stairs where they took Water Being aboard it was observed that all these Gentlemen were very timerous and seemed to be much frighted at the sight of any Vessel from which there was any apprehension of their being taken notice of and therefore they went down under the Quarter-Hatches which is a Place very inconvenient for such Persons where none could stand or sit upright but they were forced to lye upon the Boards or upon the Ballaâ—â—â— It seems some intimation was given that some Gentlemen had an intention to go into France to prosecute some Treasonable Design And Captain Billop being employed to pursue them which he did in a Pinnace when he came near the Vessel where they were he called to the Vessel and under pretence of Pressing Sea-men he went on Board The Master of the Vessel said he had a Protection from the Admiralty so that there was no cause for them to fear pressing nor indeed was there any for Gentlemen to fear it they being not lyable to be pressed When the Captain came near the Ship and declared his intent of coming on board these Gentlemen were gone under the Quarter-Hatches again Captain Billop coming on board and speaking about pressing of the Men and saying there was a Couple that would make good Sea-men for the King the Master shewed his Protection and then the Captain said he would search further in the Ship and so he did and then he pulls up the Boards and there he finds all these Gentlemen who were called up one after another and searcht by the Captain Gentlemen There is one of the Witnesses tells you that when they were come up he saw a Pacquet that lay in this very place under the Quarter-Hatches unto which was tyed a peice of Lead which Mr. Ashton takes up and puts in his Bosom with which the Captain being acquainted Inquiry is made by him what Mr. Ashton had there Mr. Ashton said it was his Handkerchief and nothing but that which he pulled out But Captain Billop puts his hand in his Bosom between his Coat and his Body and takes out the Pacquet and carried these Gentlemen on Board the George Frigat where they stayed till the Tyde served to bring them to White-hall But before they came on board the Frigat Mr. Ashton was very importunate with him to throw this Pacquet into the Water when they were on board the George Frigat and in the Cabin alone they continue their importunity Now say they we have you here and you are alone pray will you throw this Pacquet over-board and particularly Mr. Ashton said it would do the Captain 〈◊〉 good to injure so many Gentlemen and Mr. Ellyott would have perâ—â—ded the Captain to take the Lead that was tyed to the Pacquet and tyâ—â—â—â—o some Letters that was taken out of my Lord Preston's Pocket and throw the Pacquet over-board and then have informed the King and Council that those Letters was the Pacquet taken out of Ashton's Bosom But the Captain very honestly rejected all their Motions of that kind Truly Gentlemen my Memory will not serve me to repeat all the Particulars but I question not your Notes will bring them to your Minds Mr. Ellyott it seems was so mightily concerned at their being taken with these Papers that when they shot London-bridge he wisht the Bridge might have fallen upon them and knockt them on the Head and when they were got through he wisht a Thunder-bolt would fall down into the Boat and sink them That indeed was Mr. Ellyott and not Mr. Ashton but Mr. Ashton was as much concerned about disposing of the Pacquet as Mr. Ellyott At White-hall this Pacquet is opened and you have several Papers produced in Evidence and read to you you have heard what Evidence has been given that these are the very Papers that were in the Pacquet thus taken First of all Captain Billop tells you he carried them to my Lord Nottingham and that they lay there in his Office he withdraw indeed while my Lord Nottingham examined my Lord Preston but the Pacquet was not opened in the interim but there was only a Paper stuck on the out-side that my Lord had taken off before the Captain returned into the Room and there the Pacquet remained intire He says my Lord Nottingham opened the Pacquet and put up all the Papers that were in the Pacquet in his presence into a Cover again and sealed them up with his Seal My Lord Nottingham says positively he did put up all the Papers that were in the Pacquet again all and no more except the Cover and that he sealed up and delivered it to Captain Billop Captain Billop says he took these very Papers from my Lord Nottingham and as he received them carried them without