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

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THE ARRAIGNMENT c. OF Sir Richard Grahme Baronet Viscount PRESTON in the Kingdom of Scotland AND John Ashton Gent. Anno Regni Domini WILLIELMI Dominae MARIAE Angl. c. Secundo Die Veneris 16. die Januarii Anno Dom. 1690. The King and Queens Writ of Habeas Corpora was sent to the Governour of the Tower of London to bring up the Bodies of Sir Richard Grahme Baronet Viscount Preston in the Kingdom of Scotland John Ashton and Edmund Elliot Gent. to the Sessions-house in the Old-Baily London where they were brought between the hours of Ten and Eleven in the Forenoon and being placed at the Bar were Arraigned upon an Indictment of High-Treason found the day before by the Grand-Jury for the County of Middlesex at Hicks Hall in manner following Cl. of Arraignments SIR Richard Grahme hold up your hand Which he did and so the other two You stand indicted by the names of Sir Richard Grahme late of the Parish of St. Anne within the Liberty of Westminster in the County of Middlesex Baronet John Ashton late of the Parish of St. Paul Covent-Garden in the County aforesaid Gentleman and Edmund Elliott late of the Parish of St. James within the Liberty aforesaid in the County aforesaid Gent. for that you as false Traytors against the most Illustrious and most Excellent Princes William and Mary King and Queen of England Defenders of the Faith c. your Sovereign Lord and Lady not having the fear of God in your hearts nor weighing the duty of your Allegiance but being moved and seduced by the instigation of the Devil the cordial Love and true due and natural Obedience which every true and faithful Subject of our said Sovereign Lord and Lady the King and Queen that now are towards them our said Sovereign Lord and Lady the King and Queen should and of right ought to bear wholly withdrawing and contriving practising and with all your strength indending the Peace and Common Tranquility of this Kingdom of England to disquiet molest und disturb and War and Rebellion against our said Sovereign Lord and Lady the King and Queen that now are within this Kingdom of England to stir up move and procure and the Government of our said Lord and Lady the King and Queen of this Kingdom of England to subvert change and alter and our said Lord and Lady the King and Queen from the Title Honour and Royal Name of the Imperial Crown of this their Kingdom of England to depose and deprive and our said Lord and Lady the King and Queen to death and final destruction to bring and put you the said Sir Richard Grahme John Ashton and Edmund Elliott the Nine and twentieth day of December in the second year of the Reign of Our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes in the County aforesaid Falsly Maliciously Devillishly and Traiterously with Force and Arms c. with divers false Rebels and Traytors to the Jurors unknown did Conspire Treat of Compass Imagine and intend our said Lord and Lady the King and Queen that now are your supreme and natural Lord and Lady from the Royal State Crown Title Power and Government of their Kingdom of England to Deprive D●pose and Cast down and the same our Lord and Lady the King and Queen that now are to Kill and bring and put to Death and the Government of this Kingdom of England to Change Alter and wholly to Subvert and a miserable Slaughter among the Subjects of our said Lord and Lady the King and Queen within Their Kingdom of England to Cause and Procure and an Insurrection War and Rebellion against Our said Lord and Lady the King and Queen that now are within this Kingdom of England to Move Procure and Aid and the same your most evil wicked and Devillish Treasons and Taiterous Compassings Imaginations and Purposes aforesaid to fulfill perfect and bring to effect you the said Sir Richard Grahme John Ashton and Edmund Elliott as false Traitors then and there to wit the said Nine and twentieth day of December in the said second year of the Reign of our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes aforesaid in the County aforesaid with Force and Arms c. falsly unlawfully wickedly and traiterously did Propose Consult and Agree to Procure and Prepare great Numbers of Armed Men War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to Levy and Make And that you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the same Nine and twentieth day of December in the aforesaid second year of the Reign of our said Lord and Lady the King and Queen that now are at the Parish of St. Clement Danes aforesaid in the County aforesaid falsly maliciously and traiterously did Prepare and Compose and then and there did Cause and Procure to be Prepared and Composed several Traiterous Letters Notes M●morandums and Instructions in writing to shew and inform Lewis then and yet the French King and his Subjects then and yet Enemies of our said Lord and Lady the King and Queen that now are and very many other evil-disposed persons and false Traytors to the Jurors unknown of and concerning the Number Force and Condition of certain Ships for and on the behalf of our said Lord and Lady the King and Queen of England then and there designed and prepared for the defence of their Kingdom of England and their Enemies aforesaid to repell and resist and how some of the same Ships were Manned and of the Names of the Captains of several of the said Ships and how the Castles and Fortresses of our said Lord and Lady the King and Queen called Portsmouth South Sea and Gosport within this Kingdom of England were strengthened and fortified and how the same Castles and Fortresses into the hands and possession of Enemies and false Traytors against our said Lord and Lady the King and Queen might be taken and seized as also of the time places ways manners and means by which when and where the same Enemies of our said Lord and Lady the King and Queen this Kingdom of England might invade and infest and the same Enemies and the Ships of the Enemies of this Kingdom of England should fight against our said Lord and Lady the King and Queen and their faithful Subjects as also to procure provide prepare and obtain against our said Lord and Lady the King and Queen that now are Assistance and Armed Men our said Lord and Lady the King and Queen that now are from their Royal State and Government of this Kingdom of England to cast down and Despose and to stir up promote and procure the aforesaid Lewis the French King then and yet an
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