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
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
he shall have rid the Nation of those Foreigners that had invaded us and trampled upon the Laws So that Gentlemen here is a Paper in this Pacquet that has plainly laid open and proved the Design and shews the meaning of it was to seduce their Majesties Subjects from their Allegiance it was to be in such general Terms making general Promises hoping thereby that People would be the more easily imposed upon to renounce their Allegiance to their present Majesties But Gentlemen the Declaration imports farther that the Realm was to be invaded by Foreigners and to palliate it it is pretended that Foreigners were only to be brought in to rid the Nation of Foreigners and you know who are meant by that So that this Project was only to colour a Foreign Invasion and this Declaration was to direct them how and upon what pretences they should Invade this Kingdom Gentlemen there is no manner of doubt but this is a Treasonable Declaration and if any Person had this in his Possession and was going into France to carry with an intention there to make use of it that is Treason though it be coucht under specious Pretences of restoring People to their Liberty It was plainly a Design to Invade England by a French Army L. Preston My Lord that Paper was not found about me L. C. J. Holt. No no my Lord it was not but good my Lord give me your favour I will certainly observe every thing that is sitting but I tell you I cannot do it all at once Then Gentlemen there is another Paper found in the Pacquet that is said to be the result of a Conference that was had between divers Lords and Gentlemen as well Tories as Whiggs as they call them to prove it possible to restore the late King by French Arms and how this may be effected were Proposals made Yet still it was pretended to preserve the Protestant Religion and the Civil Administration according to Law And that it might be brought to pass the Credulous were to be imposed upon and made to believe that the French King would not conquer England for himself no but he would conquer it for the late King he would be at that vast Charge that great Expence of Men and Arms to restore King James and make no Profit of it himself And it was proposed how to seduce the People of England into a belief of the French King kindness He was to indulge the English Protestants in France and let them have the exercise of their own Religion there at their own Charges and this to satisfy the English Protestants that his Persecution of the Hugonots in France was not out of aversion to the Protestant Religion but only because of their Antimonarchical and Resisting Principles So that they were proposing among themselves what they were to do to make the People believe the French King had no dangerous Design against our Religion and Liberties and if they could meet with Persons to believe this that was a probable way thought upon in this Conference to get a great many Adherents to the French King thereby his Invasion to be facilitated and the whole Project rendred more successful There is another thing Gentlemen in this Paper and that is this they complained of the mismannagement of their Affairs at St. Germains that though they did earnestly desire the restitution of the late King yet there was always some Foolish thing or other that came from St. Germains that obstructed their Design What that Foolish thing is I can't say it does not appear but whether it were not too great a Discovery of their Zeal for Popery and the advancement of the Popish Religion is worth your consideration And something is to be done for satisfaction of the People as to that and it is advised that there should be Seven or Nine or such a Number of English Men that should go over and be received into favour at St. Germains and they should be of the Councel there and these were to be Protestants and that was to be a colour and pretence that the late King was reconciled to the Protestant Interest because he chose Protestant Counsellors and had received them at St. Germans and was advised by them This says the Paper will make the World believe he is ours and that we have gained him which was to delude a great many of the People of England that they should not be affrighted in case there should be such an Invasion of England but invited rather and encouraged to joyn with the French when they came But Gentlemen the Three last Papers that have been produced to you are Papers that do somewhat more nearly concern my Lord Preston The First Paper contains several Memorandums It begins with Lady D. 2000 l. who that Lady D. is I must leave it to you to imagine tho' perhaps it may not be hard to guess It takes notice that the English and Dutch were like to joyn and these Memorandums do also shew a design and purpose of something to be done for the prevention of that Conjunction They seem also to be Instructions to be made use of upon going into France to negotiate or transport some matters of dangerous consequence L. Preston My Lord I hope that your Lordship will observe that these Memorandums are broken kind of Notes incongruous and incoherent L. C. J. Holt. Ay my Lord they are so they are but broken things but I say still they are Memorandums that were to be used for some purpose Now I leave it to the Jury to consider of the matter of them What can be plainer than what is there expressed The French are to come in time before the Dutch and the English joyn they are to watch their opportunity and come betimes and they are to fight at the Chops of the Channel and not to come so far as Beachy L. Preston This is all but presumptive Evidence my Lord. L. C. J. Holt. I appeal to your Lordship if it was not in the Paper and I appeal to the memory of the Jury whether I misrepeat it or not The Paper mentions Gennings and Strickland and Trevannion that they were to come from St. Mallo's in one Night the King meaning the late King was not to be on Board and there were Ships to lye at Newcastle to plague London It is easy to understand what they meant Among these Memorandums it is made as a remark that the London Clergy are the worst It gives an account how Portsmouth was fortified and Gosport and what number of Men were in them and of the state and condition of our Navy what rates our Ships were and how many and who were to be the Commanders L. Preston I beg your Lordship to observe this is not Treason L. C. J. Holt. I shall tell you that my Lord by and by I am now stating the Evidence Gentlemen my Lord Preston insists upon it that these Papers were not found about him It is true they were
whatsoever they promised to themselves and their Desire of having it effected might perswade them to the contrary But Gentlemen the thing that I would mention about the Matter before you now is this Here are three Papers that by three several Witnesses acquainted with my Lords Hand-writing are testified as they believe to be his Hand-writing if so then there is an End of all for therein is a horrid deal of Treason conteined If these Instructions these Memorandums these Heads that were written down were my Lords and he did intend to go with these in a Voyage towards France that will be sufficient of it self if there were nothing else in the Case to maintain this Indictment But Gentlemen you have in the rest of the Papers that were taken a great Character of the Bearer that the Bearer had done great things that the Bearer could inform them fully of every thing and there should be full and intire Confidence put in the Bearer and a great many such Phrases But says my Lord I was not the Bearer it was Mr. Ashton that the Papers were found about it does not appear directly who the Bearer was and they were not found about me Now Gentlemen pray let us look a little how this Evidence stands Pray where was this Bundle found even upon the Gravel where my Lord Preston and Mr. Ashton lay there was it found and my Lord 's own Seal with it How in the Name of God came my Lord's Seals to be found with other Peoples Papers if they did belong to any body else How came they together in that place It may be he had a mind to leave his Seals behind him because they would discover his Quality But why should my Lord Preston have all this fear upon him Why should two Men go and take a Ship for themselves aâ—d two others and when they come to take Boat take in my Lord and his Man if they were not the two others that were designed and this to be done at Night in the Dark Why should my Lord be under such terrible Apprehensions as to creep into a hole so unfit for one of his Quality Why do you not hear from my Lord some good Account upon what occasion my Lord and his Man were going to France Or whether else my Lord was really going for somewhere or other it was plain he was going Gentlemen no Man goes into an Enemies Country without some Licence unless he go upon some ill Design Fear seldom is without some Guilt and there appears throughout the whole management of the Story that there was a great deal of Fear upon these Gentlemen Besides afterwards when he is taken and the Letters taken with him in the same Company you hear what endeavours there were to suppress the Truth even by my Lord 's desiring to have the Pacquet disposed of and my Lords Man gave one of the Seamen half a Crown to say they were going to Flanders not to France I suppose the Man knew how unfit it was to be known that they were going to France And my Lords two Companions spared for no Pains to get the Pacquet thrown over-board tho' all that my Lord said was what great kindness he would do him when it lay in his Power if he would dispose of the Pacquet I suppose that is very easily intelligible Gentlemen there is one thing which is mentioned in one of the particular Letters that I desire particularly to observe to you and that is all I shall say to you Here is a Letter in my hand that in divers places has somwhat remarkable it says Your Daughter and I must starve if this Government can make us That the Party did net repine at all for having lost all for your sake which your favour had bestowed And in another place this Letter doth say Your Daughter grows very tall and very pretty as I am told But that which I chiefly mention it for is it 's twice mentioned My Lord will tell you all my Condition how I have been used and I have told my Lord my Condition what I desire of you he thinks very Moderate And pray consider and remember that the first Article of my Lord's Paper that is taken to be under my Lord 's own Hand there is two thousand pound to the Lady D. Now if any body should put these together do they lack any great Interpreter for for my part I leave them to you Then in aother place towards the end of the Letter it is said Pray Sir ask my Lord how I have been used Now this Letter being thus taken and there is never a one of the rest that was a Lord do you think any of the rest was meant I must leave it to you If my Lord Preston had produced any Testimony to prove his own good Carriage and Behaviour towards the present Government it had been very much for his advantage and might have had great weight with you but when things appear only in this manner as they do now I must leave it to you Gentlemen 't is a Great Matter and of great Moment if those that Conspire against the Kingdom against the Protestant Religion and against the present Government may do it with impunity it will be worth the considering what the Consequence of that may be Your own Consciences require you to do Right and Justice on both sides and if you are satisfied he is Not Guilty you will find him so if you are satisfied that he is Guilty you will find him so L. Preston My Lord may I have the liberty to say any thing before the Jury go out L. C. J. Holt. You Lordship should have said what you had to say before It is contrary to the course of all proceedings in such cases to have any thing said to the Jury after the Court has summed up the Evidence but we will dispence with it What has your Lordship to say Lord Preston My Lord I humbly thank your Lordship I am not acacquainted with such Proceedings L. C. J. Holt. My Lord you know I permitted your Lordship to interrupt me as much as you wou'd which was never done before in any such Case L. C. J. Pollexfen It is contrary to the course of the Court But yet if you have any thing to say to the Court or the Jury for this once we permit it Lord Preston Gentlemen of the Jury L. C. J. Holt. My Lord what you have to say pray direct your self to the Court that we may hear what it is Lord Preston My Lord I only desire the Jury may be informed that I am a Protestant that I was baptized in the Religion of the Church of England and have always lived in it and hoped to dye in it My Lord 't is true things have been urged with Severity against me that are a little hard in making that which I hope will amount to but a Presumption to be a Proof as in the case of the Letters that are written in