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
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
Edmund Elliot as false Traitors against our Soveraign Lord and Lady King William and Queen Mary not weighing the Duty of their Allegiance the 29th of December in the Second year of their now Majesties Reign at the Parish of St. Clements Danes in this County of Middlesex did Conspire Consult and Imagine to Depose Their Majesties from the Throne and Government of these Kingdoms and to bring the King and Queen to final Death and Destruction and to Levy War within this Kingdom and procure an Invasion to be made here and that to bring their Treasons to pass they did prepare and compose and cause to be prepared and composed divers Treasonable Letters Notes Memorandums and Instructions in Writings which were to inform the French King and his Subjects and other Enemies of the King and Queen of the Number Force and Condition of Their Majesties Ships and how some of them were Mann'd and the Names of several of the Commanders of them and how the Castles and Forts of Portsmouth South-Sea and Gâ—sport within this Kingdom were fortified and how they might be Seized and Surprized by the King's Enemies as also to inform them of the time places ways and means how they might Invade the Kingdom Depose Their Majesties and Fight with their Ships against Their Majesties Ships and cause and procure great Forces to be raised against the King and Queen and fend Ships to plague the City of London and War and Rebellion within the Kingdom to procure and that they did knowingly and secretly prepare and conceal two several Bills of Exchange for the payment of Money to the King's Enemies and got these Bills of Exchange Letters Notes and Memorandums into their Custody and afterwards the 30th day of December for the Sum of One hundred pounds by them or some of them paid they did hire a Ship to carry them and the said Bills of Exchange Letters Notes Memorandums and Instructions into parts beyond the Seas to and among their Majesties Enemies and did also prepare a Boat which was to carry them to the Ship and accordingly they went into the Boat and went on Board the Ship with the Bills of Exchange and Papers aforesaid and being on Board they set Sail and made away towards France with those Bills of Exchange and Papers with intention to disperse them and to perfect their said Treasons And the Indictment further sets forth that there was and is a War between Our King and Queen and the French King and the People of those parts under his Dominions who are Enemies of the King and Queen the Prisoner together with those other two named before as false Traitors did adhere to the Enemies of the King and Queen and to bring about this Treason they did procure such Bills of Exchange Letters Notes Memorandums and Instructions and did hire such Ship and Boat to carry them and those Papers into France and did go on board the said Ship and Sailed away for France with intention to aid and assist the King's Enemies in Counsel and Intelligence by those Papers and Bills of Exchange as I before opened unto you and this is laid to be against the Duty of his Allegiance against the Peace of Their Majesties Their Crown and Dignity and against the Form of the Statute in that Case made and provided To this Indictment Gentlemen the Prisoner Pleaded he is Not Guilty and for his Tryal hath put himself upon his Country which you are if we prove him Guilty it is your Duty to find him so Mr. Sol-Gen My Lords and Gentlemen of the Jury the Indictment hath been opened to you at large and I do not doubt but you have observed it It consists of two Parts which are formed upon two several Branches of the Statute of the 25th of Edward 3. the one is for compassing and imagining the Deposing and Destruction of the King and Queen the other aiding and assisting the King and Queens Enemies Treason Gentlemen consists in the imagination of the Heart but because that imagination of the Heart can be discovered no other way but by some open Act therefore the Law doth require that some Overt Act manifesting that Intention and Imagination be assigned and proved I doubt not but you have observed that there are several Overt-Acts of both these kinds of Treason assigned in this Indictment Gentlemen the general Design of the Conspiracy as will appear by the Evidence was this The King and Queen were to be Deposed and this was to be effected by a French Army and a French Fleet. It will be easily Granted that nothing more dreadful can enter into the Imagination of an English-man than the destruction of our Fleet and the Conquest of the Kingdom by the Arms of France But yet it will be part of the Evidence that we shall offer to you that the Prisoners and others of the Conspirators seem to be of another Mind for amongst the Papers which were taken with the Prisoners you will see one which is styled The Result of a Conference wherein they pretend to shew the possibility of Restoring King James by the Power of the French King and yet to preserve the Protestant Religion and the Laws and Liberties of the Kingdom They themselves went no farther than to think it possible and I believe it will be hard to perswade any other English-man that it is possible unless one Instance could be given that the French King ever employed his Arms for setting up any Body but himself his own Religion and his own Government I never heard that he did pretend to Form any part of his Glories upon the virtue of Moderation or Self-denial And there can hardly be imagined a greater Instance of Self-denial than for the French King after he had destroyed the Dutch and English Fleets and subdu'd our Forces at Land not to make use of his Success so as to add these Three Kingdoms to his Conquests and possess himself of the uncontested Dominion of the Sea for ever but only to Intitle him at so great hazard and Expence to become a Mediator between King James and the People of England and by his Mediation to establish the Protestant Religion and the Liberties of the People And yet as absurd as this seems you will find this to be the Result of one of their Conferences I did never think it was the part of any who were of Counsel for the King in cases of this Nature to endeavour to aggravate the Crime of the Prisoners by going about to put false Colours upon Evidence or to give it more than its due weight and therefore I shall be sure to forbear any thing of that Nature But I think it my Duty to give you some Account of the Nature and Course of the Evidence to be produced to you which consisting of several sorts it will be in some sort necessary to open it that you may the more clearly apprehend it and with more ease make your Observations upon it Gentlemen we shall
the Bundle of Papers with the Lead fix'd to it When they were put on Board the Captain 's Pinnace they all pressed him much that he would let them go on shore at Gravesend pretending want of Refreshment they not having eaten and the Night having been cold but he did not think that proper nor safe but told them they should go on Board the George Frigat and refresh themselves there When they came on Board the George Frigat all the three Gentlemen and my Lord Preston in particular were very earnest with Captain Billop to dispose of the Bundle of Papers mixing extraordinary Promises with great Complements Not prevailing there when they were return'd to the Pinnace they renew'd their Sollicitations and one of them told him it would be easie to remove all Suspicion by fixing the Lead to some other Papers of little significations which were found in my Lord Preston's Pocket which he might produce and they would without difficulty pass for the Papers that were taken But the Captain was too Just to comply with this Proposal When they found he was not to be moved you will find from the Witnesses that their Promises were turned into Threats and they used another sort of Language When they were brought to Whitehall Stairs upon their Landing they gave Money to the Master and the Seamen desiring them to say they were hired to go for Flanders and not for France Gentlemen these things which I have opened carry a strong Presumption of Guilt for Englishmen especially one of that Quality of my Lord Preston to go into the Country of an Enemy without any manner of Passport and in such a manner as they could not expect but to be seized for Spies unless they were assured that their Character was so well known there that they should be look'd upon not as Persons coming to get Intelligence but to give it unless they were well assured of a good Reception when they came there But there is no occasion to leave any thing to Conjecture in this Case what is contained in these Papers makes the Design of the Voyage beyond dispute I think Gentlemen after you have heard the Evidence you will be very well satisfied that my Lord Preston and the other two who stand Indicted were equally concerned in the Papers they were all alike earnest to preserve them from being seen they all sollicited for the disposing of them and promised Rewards if they might prevail Gentlemen these Papers are of various Natures One I mentioned before is Entituled The Result of a Conference between several Lords and Gentlemen both Tories and Whigs in which it was undertaken to prove the Possibility and Methods of Restoring King James by a French Power without endangering the Protestant Religion and the Civil Administration according to the Laws of this Kingdom Another contains Heads for a Declaration to be prepared in order to be published when the French have had Success at Sea and are Landing and that is filled with such Pretences as they thought most Specious and most likely to amuse and delude the People There is another sort of these Papers which consists of Letters These Letters are directed in False Names and are not subscribed and it is not to be imagin'd it should be otherwise Yet Gentlemen though that is not the present Business the Hands of the Writers of these Letters are very well known and the Subject Matter of them will easily reveal to you for whom they were intended for though these Letters are most of them Written under divers Cants some under the Colour of Trade some of them under the Colour of a Law-Suit for the Redeeming of a Mortgage others under the Notion of a Match and a Settlement to be made upon that Match yet the real Business is so plain that you need but hear them read to see through the Disguise Though they begin generally in the Style of Merchants Writing to one another or the like yet towards the end of the Letters you will observe Expressions of Duty and Reverence terms which do not usually pass in a Correspondence between Persons of that sort sufficient to shew that somewhat else was intended to be covered in what went before Gentlemen It will appear to you that some of the Writers of these Letters were of the Number of those who were secured the last Summer when the French Fleet was upon our Coasts and you will observe they complain that by reason of that Restraint the Design was very much hindred though they have endeavoured to redeem that loss of time since their Discharge and have carried on the Business with more vigor than ever In short The design of these Letters is to importune the setting out of the French Fleet with all possible Expedition They say they must not suffer such a fit Season to be spent unprofitably That the best time is between this and the first of March to come to a good Market and if they come not before the 10th of March all will be lost In another of their Letters they say If the Suit be well sollicited and managed it may come to a final hearing before the end of Easter Term. They complain that there are several indiscreet Letters came from St. Germains that turn to the prejudice of the Design Those Letters are not enough disguis'd to deceive the People here but speak too plainly what is to be expected from themselves and from the French You will take notice that the Letters which you will hear are all Bills with high Characters of the Bearer for which reason they write in such general Terms because the Bearer was intrusted with the whole Some of the Letters say no Particulars are or need be expressed because he will inform them of every thing Others That they could not write so much as he could say and that nothing was wanting but to allow him a full and a fit Season to give an Account of all the Business and that they intirely depend upon his Account of them and their Condition And Gentlemen in one of the Letters the Bearer is styled a Lord and to whom can that be applied unless to the Prisoner at the Bar. In another Letter when they speak of sending the Copper and the Linen the Goods pretended for carrying on the Trade it is added And what the meaning of that is they must refer to the Bearer who was able to give them a particular Account I have mentioned so much of the Papers only that you might have a general Notion of them that so when you hear them read you may more readily make your Observations I assure you I have been as careful as I could not to exceed the Truth in opening any part of the Evidence But it is your part to see whether what I have opened be made out in Proof There is another Paper that gives an Account of their Majesties Fleet to be sent out this Summer and there is an Observation at the end of it
Preston My Lord I leave these things to the consideration of the Court and the Jury L. C. J. Holt. Your Lordship insists upon it first that there is no act of Treason proved in the County of Middlesex and then whether similitude of Hands be a good proof to prove these three Papers or any of them to be your hand L. Preston No body saying they see me write them if I did write them L. C. J. Pollexfen My Lord have you no Witnesses nor nothing that you would use of Evidence for yourself L. C. J. Holt. Would your Lordship disprove any thing of the matter that has been proved against you Lord Preston I must deny the whole Fact but I have no Witnesses or Evidence to offer you L. C. J. Holt. Then your Lordship has no more to say Lord Preston I have not I must leave it so with your Lordship and the Gentlemen of the Jury Mr. Sol. Gen. We shall offer nothing farther but leave it wholly to your Lordship L. C. J. Holt. Your Lordship has done then Lord Preston Your Lordship observes none of the Witnesses have declared that I was going into France nor knew any thing of it I did not hire the Ship nor any thing of that kind tho' I suppose if they had it is not Treason but your Lordship observes there is no such thing has been sworn L. C. J. Holt. My Lord as to the first matter that your Lordship makes a Question upon Whether there be any act of Treason proved in Middlesex that does depend upon the Proof of your Lordship's being concerned in the Papers for if your Lordship had an intention in carrying these Papers into France which speaks a design to Invade this Realm your Lordship took Boat in Middlesex at Surrey-Stairs in prosecution of that intention there is an Overt-act in this County of Middlesex Lord Preston Your Lordship and the Gentlemen of the Jurie observe these Papers were not found upon me L. C. J. Holt. No my Lord but if it be proved that your Lordship had an intention to carry these Papers into France and took Boat in order to go with them into France in the County of Middlesex where-ever your Lordship acted in order to that design that is Treason and there you are guilty It is a Treason complicated of several Facts done in several places Lord Preston My Lord I humbly desire to know whether they have been proved to be my Parpers L. C. J. Holt. That is a Question that must be left to the Jurie upon the Evidence L. Prest No body swears they are mine nor were they found upon me L. C. J. Holt. But what I am speaking to your Lordship is in answer to your Question about the place for you say that there is nothing proved done in the County of Middlesex now the question is whether your Lordship had a design to go to France with these Papers if you had and if your Lordship did go on Ship-board in order to it your taking Boat in Middlesex in order to go on Ship-board is a Fact done in the County of Middlesex L. Prest It is not proved by any Witnesses that I designed to go into France L. C. J. Holt. That is before the Jury upon the Evidence L. Prest I hope your Lordship and the Jury will observe 't is not proved and in the next place there are no Papers taken upon me with humble submission there is no proof of any such thing L. C. J. Holt. Well how far your Lordship was concerned in these Papers and whether you were going with them into France is to be left upon the Evidence that hath been heard to the consideration of the Jury L. Preston But I humbly submit that L. C. J. Holt. Have you any more to say L. Preston As to what I offer that nothing has been proved in Middlesex I hope your Lordship will take it to be a Point of Law and then it ought to be argued and I desire I may have Councel L. C. J. Holt. No 't is a Matter of Fact only but if you please the rest of my Lords the Judges may give you their Opinion for this is a Question upon a supposition that your Lordship was guilty of a Design of going into France and this with a purpose to depose the King and alter the Government then the Question is upon such a Supposition that you were guilty of that Design whether you were guilty in Middlesex or no. L. Preston My Lord they have not proved that design L. C. J. Holt. We do not say it is taken for granted now but 't is a Question upon a Supposition Now my Lord I 'll tell your Lordship in short my Opinion the rest of the Judges will tell you theirs I am of Opinion if your Lordship had such a Design to go with these Papers into France and these Papers were formed by you or you were privy to the Contents of them then it is plainly proved that you went into a Boat in the County of Middlesex in order to carry on this Design and that will make it a good Indictment and here is a plain Overt-act of High-Treason in Middlesex L. C. J. Pollexfen I am of the same Opinion for your Fact as to this particular Point in Law stands thus You are Indicted of High-Treason in two Points one is For Conspiring to Depose the King and Queen and alter the Government and the other is For Aiding and Assisting the French King and his Subjects declared Enemies and in open War against the King and Queen and to invite the Enemies of the Kingdom to invade the Kingdom Now this Design and this Help and Assistance are written in these Papers for they are Instructions for the carrying on of this Design You my Lord are the Person that is charged to go with these Papers to help on this Design you began your Journey in the County of Middlesex for according to the Evidence you took Water at Surrey-stairs which is in the County of Middlesex and every step you made in pursuance of this Journey is Treason where-ever it was So then here is a sufficient proof of a Fact in Middlesex L. Preston That my Lord is a Point of Law and I humbly desire your Lordship that I may have Councel in this Case It is not proved by any Body that I said I would go into France and in the next place it is not proved that I had these Papers about me there has been no Evidence given that I did take Water with an intention to go with these Papers into France L. C. J. Holt. The Jury are to be Judges of that L. Prest Then my Lord what have I done I have not done an thing within the danger of any Statute upon which I am Indicted besides my Lord what I have to offer further is this I think I ought to have two credible Witnesses to prove every Fact and I hope the Gentlemen of the Jury will consider there
is nothing but Supposition as to me and I hope I and my Family shall not be ruined upon a Supposition L. C. J. Holt. Has your Lordship any more to say L. Prest All the Judges have not given their Opinion L. C. J. Holt. The rest will give their Opinions if you desire it My Lord Chief Baron what say you L. C. Baron My Lord Preston I am called upon it seems to give my Opinion in this Case but this I take it must be left to the Jury What credit they will give to the proof your Lordship makes a Question as the proof stands Whether here be any thing done in this County here are Instructions given to the French King how to Invade England and Carry on the War against us These Instructions are contained in several Papers and these Papers in a Pacquet are carried to the Smack which Smack was hired to go to France You are found taking water at Surrey-Stairs which is in the County of Middlesex in order to go to the Smack You did go to the Smack the Papers were taken in your Company and were seen lying by your Seals and the Witnesses swear they believe some of them to be your Hand you took care to desire to have them disposed of Now how far the Jury will believe this Matter of Fact that is thus testified is left to them this seems to be the Proof and if the Jury do believe it here is a Plain Evidence of an Overt Act in the County of Middlesex L. Preston I do insist upon it with humble submission It is not proved that these Papers were taken upon me or that I did take water at Surrey-Stairs to go to France L. C. Baron That must be collected out of all the Circumstances the Credit of which is left to the Jury L. Ch. J. Holt. All the rest of my Lords the Judges are of the same opinion as they tell me Have you any more my Lord L. Preston I must submit L. C. J. Holt. Gentlemen of the Jury My Lord Preston stands Indicted for High Treason in imagining and compassing the Deposition Death and Destruction of the King and Queen and for that purpose did write or cause to be writ several treasonable Papers and Letters designed to go into France and there to correspond with the French King and his Subjects who are Enemies to the King and Queen and to carry with him those Treasonable Papers and Letters containing a Project and a formed Design how this Kingdom should be invaded by Foreigners There is another Treason in the Indictment mention'd and that is for adhering to the abetting the King's Enemies there being open War declared between the King and Queen and the French King You have heard Gentlemen a very long Evidence Witnesses have been produced viva voce and several Papers have been read to you some of the Papers that have been produced tho' they may seem misterious and canting yet they are not so very obscure and unintelligible but if you consider them well the meaning of them will appear Others of them are more express and do plainly demonstrate a Design that this King and Queen should be deposed and that there should be another Prince set upon the Throne and restored to the Government of this Kingdom Gentlemen There are two other Persons mentioned in the Indictment with my Lord and tho' my Lord is only now upon his Tryal yet the evidence which doth affect them doth also concern my Lord. You have heard how there was an Intention of some Persons to go to France and how Mr. Ashton one of the two others that stands indicted with my Lord did 〈◊〉 with one Mrs. Prat one of the Witnesses to hire a Vessel for that purpose and it was by the means of one Mr. Burdett that lives in the City they had a Meeting at Burdett's House where they treated about the Price that should be given for the Hire of this Ship to go to France but at that time they did not agree It was concluded that the Woman and Ashton and Burdett should meet at the Wonder Tavern but Mr. Burdett not being there nothing was concluded upon then After that the Woman Mr. Burdett and Ashton and Elliott met at Mrs. Burdett's the Woman insisted at first upon 150 l. After they had been treating for some time the Bargain was made to go to France for 100 l. Then the next thing considered was How this Money should be paid By agreement 93 Guinea's and 6 d. which made up the 100 l. was deposited in Mrs. Burdett's hand a Six-pence broken one part Mrs. Burdett had and the other part of the Six-pence Mr. Ashton had and when either Mrs. Pratt or the Master of the Vessel did bring back that part of the Six-pence that Ashton had to Mrs. Burdett the Money was to be paid After this Agreement they were appointed to go to the Seven Stars in Covent-Garden to the House of one Mr. Rigby and there the Woman Mrs. Pratt and the Master of the Vessel Ashton and Elliot met and they were that Night to go away and to take Water at some place near to go on Ship-bord and having stayed there till it was about ten a Clock at Night then they went away into the Strand and so into Surry-street and took Water at Surry-stairs But before that they came from Mr. Rigby's some Persons went to Surry-stairs to see for a Boat and met with that Fellow that was here produced who was a Sculler and did hire him to go through the Bridge when the Tide served and to carry some Gentlmen on Shipboard they agreed with him for half a Crown and he was to stay in an House near the Stairs until they came And at the time appointed Mr. Ashton and Mr. Elliot and the Master of the Vessel came to that place and my Lord Preston and his Man with them to take Water My Lord Preston was not at Burdett's House at the hiring of the Ship nor at Mr. Rigby's but it is proved by the Master of the Vessel that he took Water with the rest of them at Surry-stairs that he went with them on Shipboard and was to go along with them Being on Board the Ship they did appear to have some Apprehensions of Danger and passing by a Man of War my Lord Preston his Man and the other two went unto the Quarter-Hatches where they lay down to prevent themselves from being taken or discovered and they hid another time when they came near Gravesend and coming up they seeing a Boat coming towards them they hid themselves again Captain Billop who it seems was sent to apprehend them pretended he was to Press Seamen and when he came on Board the Smack he said he would Press the Mariners who answered they had a Protection But he being upon his Search pulled up the Boards of the Quarter-Hatches and there was my Lord Preston and the other Persons lying down It was not a place that was very
the first Twelve Men that appear be they who they will L. C. J. H. What you please for that matter you have your own choice Mr. Asht Whoever they are I submit to them I know them not Cl. of Arr. Swear Sir William Hedges Which was done And so were the Eleven next succeeding in the Pannel and the Names of the Twelve Sworn follow Jur. Sir William Hedges Knight John Wolstenholm Esq James Boddington Esq Thomas Johnson Esq Ralph Bucknall Esq Lucy Knightley Esq Thomas Cuthbert Esq John Herbert Esq John Tully Esq Thomas Smith Esq William Withers Esq and Daniel Thomas Esq Then the Jury were Numbered and Proclamation made for Information and Evidence in the usual manner Mr. Asht Gentlemen of the Jury if your desire Pen Ink and Paper I hope the Court will take care to provide them for you L. C. Just Holt. Ay ay let the Gentlemen of the Jury have Pen Ink and Paper Which was done Which he did Cl. of Arr. John Ashton hold up thy Hand Gentlemen you that are sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of John Ashton late of the Parish of St. Pauls Covent-Garden in the County of Middlesex Gent. For that he together with Sir Richard Grahme late of the Parish of St. Anne in the Liberty of Westminster Barronet who stands Convicted of High Treason and Edmund Ellyot late the Parish of St. James in the said Liberty Gent. For that they as false Traytors c. Prout in the Indictment mutatis mutandis and against the Form of the Statute in that Case made and provided Upon this Indictment he has been Arraigned and thereunto hath Pleaded Not Guilty and for his Tryal hath put himself upon God and the Country which Country you are your Charge is to enquire whether he be Guilty of the Felony and High Treason whereof he stands Indicted or not Guilty If you find him Guilty you are to enquire what Goods or Chattels Lands or Tenements he had at the time of the Felony and High Treason Committed or at any time since If you find him Not Guilty you are to enquire whether he fled for it If you you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Knap May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High Treason against John Ashton the Prisoner at the Bar and the Indictment Gentlemen Charges him That he as a false Traytor against their present Majesties King William and Queen Mary his Supreme and Natural Lord and Lady not weighing the Duty of his Allegiance did upon the Twenty Ninth of December last past together with Sir Richard Grahme who stands Convicted and one Edmund Ellyot and divers others ill disposed Persons unknown to the Jury did Conspire Imagine and Intend to depose and deprive the King and Queen and to bring them to Death and Destruction and to subvert and alter the Government and to cause War and Rebellion within this Kingdom against their Majesties and to bring these Intentions and Purposes to pass the Prisoner with the rest of them did prepare diver Notes Papers Letters and Memorandums in Writing which were to instruct the French King and other Enemies of the King and Queen of the number of their Majesties Men of War how they were Mann'd and the Names of the Commanders of several of them and to inform them how the Castles and Forts of Portsmouth Southsea and Gosport were fortified and how they might be surprised by the King's Enemies and of the Times Wayes and Means how they might invade the Kingdom in order to depose the King and Queen and to Procure and Incite such an Invasion and further to bring these Purposes to pass the Prisoner and the other Traytors did secretly conceal and detain in their custody several Bills of Exchange for the payment of Money to the King's Enemies and the several Letters Notes and Memorandums before mentioned which were for the purposes I before opened to you and further to bring these Purposes and Treasonable Intentions to pass they did for one Hundred Pound hire and prepare a Ship which was to carry them secretly out of this Kingdom into France with an intent there to deliver these Instructions and Memorandums and Bills of Exchange into the Hands of their Majesties Enemies and did hire a Boat to carry them to the Ship and did enter into it at St. Clements Danes within your County and rowed to the Ship and went on Board the Ship and there with the Bills of Exchange Notes and Memorandums they set sail to go to France in order to deliver them to the French King and other Enemies of the King and Queen and the Indictment does further set forth that there hath and still is a War between the French King and our King and Queen and that he and his Subjects are Enemies to the King and Queen and their Subjects and that during this War the Prisoner together with the rest that were before named were adhering to the King and Queen's Enemies in this War and in pursuance thereof did prepare such Letters and Instructions before opened and had and concealed in their custody and hired a Ship and a Boat and went into the Ship and set sail in order to go for France to aid and assist the King's Enemies there with Money Intelligence and Counsel and this is â—aid to be against the Duty of his Allegiance against the Peace of the King and Queen their Crown and Dignity and against the form of the Statute in that case made and provided To this he hath pleaded Not Guilty if we prove him Guilty you are to find him Guilty Mr. Serj. Thomps May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar stands Indicted of a very heinous Offence no less than High-Treason the greatest Offence that can be committed against any Humane Law You have heard the Particulars in the Indictment read I will not trouble you with any Repetition but go to open the Evidence according to the Steps that are obvious in the case You have heard in general the Design was to depose this King and Queen which the Law expounds to be to bring them to Death and Destruction You have heard it was to alter the Government and cause a Rebellion in the Kingdom and to bring in Foreign Power and these are laid to be the Heads of the Offences that the Prisoner stands charged with Gentlemen the first step that was made in this matter was by the Prisoner at the Bar for there was one Mr. Burdett which it seems had been one of his Acquaintance and had undertaken to bring him acquainted with a Person that could furnish him with a Ship and in order to
there is a particular Reason why you should not desire to have the Copy read because least it should prove to be your own Hand writing Mr. Ashton Pray let both be read Cl. of Peace reads The result of a Conference Mr. S. Trem. Pray attend for this is the Scheme of the whole Work Cl. of Peace reads The result of a Conference c. And the other was likewise read as before L. C. J. Pollex Pray let Mr. Ashton see that Paper The Paper was handed to Mr. Ashton being one of the Papers before read L. C. J. Pollex Mr. Ashton look upon that same Paper a little satisfy your own Mind a little whose Hand that Paper is in Look upon it well I would have you be satisfied about it Look particularly upon the latter part of it Mr. Ashton My Lord I have lookt upon it I have seen it all L. C. J. Pollex Come then give it me back again and think of it a little in your own Heart Mr. Soll. Gen. My Lord Sydney pray will your Lordship look upon this Paper L. Syd This is one of the Papers that was among the rest delivered by my Lord President at the Cabinet Mr. Soll. Gen. Pray shew it my Lord President What says your Lordship to it L. Pres This was one of the Papers I gave my Lord Sydney and was brought me in the Pacquet by Capt. Billop Cl. of Peace reads That the King would return with a Design of making an entire Conquest of his People Mr. S. Thomps Pray my Lord give me leave before it be read to acquaint the Jury what this is that they may make the better Observations upon it This Gentlemen is the Heads of a Declaration that was intended to be Published when the French came and you will see what it is when it is read Pray observe it Cl. of Peace reads That the King will return c. As before Mr. S. Trem. The next Paper is an Account which they had taken with them of the Force of the Kingdom of the Ships particularly how many in Number what Rates what were in Repair what out of Repair and what a Building Pray shew it my Lord Sydney L. Syd This is another of the Papers that I received from my Lord President and Markt at the Cabinet Mr. S. Thomps Then shew it my Lord President L. Pres This is one of the Papers that were in the Pacquet that Capt. Billop brought me Cl. of Peace reads Mr. Soll. Gen. Pray my Lord Sydney look upon these Papers and tell where your Lordship had them The Papers was shewn both to the Lord President and the Lord Sydney L. C. J. Holt. My Lord President says he received them from Capt. Billop and gave them to my Lord Sydney and my Lord Sydney says they are the same he received from my Lord President Jury-man Are those the Papers that have been read my Lord Mr. J. Eyres No but they both say the same as to those that have been read Jury-man They pray my Lord What are those Papers that are going to be read Mr. S. Trem. These are Two Letters Gentlemen that are written giving an account how the Affairs in England stood with reference to the Persons Concerns that they are written to and there is a particular Passage in one of them How their young Master prevailed in its Interest and got ground of his Adversaries If you observe them you will easily understand what is meant by them Cl. of Peace reads This is directed for Mr. Redding New-years Eve Though the Bearer of this c. As before Cl. of Peace reads This is directed for Mrs. Redding As it is impossible for me to express c. As before Mr. Soll. Gen. Now we desire my Lord Sydney and my Lord President would look upon these Papers Jury-man My Lord I desire the former part of that last Letter may be read again Which was done L. Syd These I had from my Lord President L. Pres And I had them out of the Pacquet that Capt. Billop brought me Mr. S. Trem. If your Lordship please I will open them to the Jury Here are Two Letters in one of them there is an Account given that they were heartily sorry they were disappointed and that they had not been here already but hoped they will be here as fast as they can that the Match was concluded the Settlement prepared and no doubt but the Daughters Portion would be well Secured if they would come quickly Cl. of Peace reads Dec. 31. 1690. 'T is directed for Mrs. Charlton I must not let this Bearer depart Madam c. As before Mr. S. Trem. That Letter tells you that the Daughters Portion would be well Secured this that we now produce will tell you how it shall be Raised It says the old Tenants are weary of their Master and a little Matter if he would but appear in Westminster-ball would redeem the Estate and the Cause might be brought to a final hearing before the end of Easter Term if they made haste and it were well Sollicited Cl. of Peace reads This is directed for Mr. Jackson Dec. 31. 1690. The Bearer hereof will give you c. As before Mr. Soll. Gen. We must desire my Lord President and my Lord Sydney would be pleased to look upon these Papers L. Pres I received these from Capt. Billop in the Pacquet and gave it to my Lord Sydney L. Syd These are some of the Papers I had from my Lord President Mr. S. Trem. The Letters we now produce to be read seem to be written by a Man that was involved in a great Trade that had great Projects in his Head and drawn many Schemes in his own Brain how to carry on the Trade he directs what sort of Wares he would have sent what was proper for their Markets that he had got many a new Customer and hoped they should not be disobliged that all must be sent before the First of March at least before the Tenth or the whole Summer Profits would be lost Cl. of Peace reads 31 Dec. L. C. J. Holt. Read the Superscription first Cl. of Peace There is no Subscription my Lord at all L. C. J. Holt. Well read on Cl. of Peac reads 31 Dec. The Interruption of the former Correspondence had a very ill Effect many ways c. As before Mr. S. Trem. Gentlemen doubting that that Letter might not be pressing enough here is another to the same effect Cl. of Peace reads Dec. 31. It is a Presumption incident to those that are any ways upon the Spot c. As before Mr. S. Trem. One would imagine this Letter were written by some Person that used to talk Cant that he is so ready at it Mr. Soll. Gen. Pray my Lord President what says your Lordship to these Papers L. Pres These Two Letters were in the same Bundle that Capt. Billop delivered to me and I delivered them to my Lord Sydney L. Syd These are some of the Papers I had
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
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
believe they were zealous and cordial in their Duty to Mr. Redding Now what Interpretation you will make of this I 'll leave to you Then there is another Letter to Mrs. Charlton and another to Mr. Jackson and divers other things that have been read and amongst the rest hath been read the Heads of a Declaration at large shewing what should be done and what Methods should be taken in order to the restoring the late King and deposing this And there is also mention made in a Paper how divers Persons who were to be pardoned as particularly all Justices of the Peace actually in Commission are not to be excepted Outlaws are to be pardoned Chimney-Money to be taken away and all that come in within One and Twenty Days are to be forgiven So that it is plain these Letters import a Design to depose the King and Queen and the Kingdom to be invaded by Foreigners only a little to colour the matter not to lose the pretence of a Protestant Interest altogether there was to be 5 or 6000 Swedes to be made use of in the Invasion Gentlemen if there was a Design of an Invasion be it by Papists or by Protestants if any Act was done tending thereunto it is High Treason within the Statute of 25 E. 3. For purposing and intending to depose the King and Queen manifested by any Overt-Act hath been always held to be High Treason This Gentlemen is the Sum and Substance of the Evidence that has been given at the Bar. Mr. Ashton says for himself it is true saith he my Design was to go to France I was so unfortunate as to have the Papers taken about me I did take them up but says he it is not at all proved that any one of the Papers that are now produced are my hand Which is true There is no such Proof The next thing is that Mr. Ashton being ask'd What occasion he had to go to France He says he had formerly a Relation to Coll. Worden and did transact and had the Management of his Affairs which were very great Coll. Worden died half a year ago and he enjoin'd him upon his Death-bed to go into France about settling some Accompts of his and he was desired by the Family of Coll. Worden so to do This Mr. Ashton alledges but he has not proved it 'T is very strange that if Mr. Ashton was to go to France to negotiate that Affair for Colonel Worden's Family none of that Family should be produced to prove that Coll. Worden gave him such Directions or that the Family desired him to go into France upon that account Then Mr. Ashton hath endeavoured to give another reason for his Voyage into France he affirms he had some Affairs of his own with relation to the late Queen he was concerned for her and she did owe Monies here and he paid several Debts to Tradesmen particularly 400l she owed to the Coach Harness Maker and he having paid it went over to reimburse himself The Tradesman was produced and he says Mr. Ashton did pay the Mony a Year ago but whether Mr. Ashton had Effects from the late Queen or paid it out of his own Pocket does not appear Mr. Ashton says he paid it out of his own Pocket which is very extraordinary that he should be so kind to pay what he was not obliged to pay and have no security to reimburse himself So that Gentlemen you had best consider whether there be any thing at all said or proved that can justifie Mr. Ashton's going to France or whether there be any good reason offered for it Then Ashton has called Witnesses to prove that he was alwaies a Protestant though he did live in a Popish Family where they did incourage Papists and discountenance Protestants for which he had the ill will of those he did depend upon Gentlemen all that is agreed and it is not a question in this Case whether Mr. Ashton be a Protestant or a Papist but the Question is whether he be guilty of High Treason from which the being a Protestant does not secure a Man But Gentlemen if Mr. Ashton had no Knowledg upon what design the other Persons were to go into France though he had actually gone into France it had been a Crime in this Juncture of Affairs yet not High Treason but to go on into France and carry a Treasonable Scheme of a Design and Project of an Invasion that is Treason Now the Question is whether Mr. Ashton went with such a Purpose or not you are to consider I would not lead you into any strain of the Evidence but only state it how it stands It is plain he was concerned all along in hiring the Smack and as the King's Counsel observed to you the Price was something extraordinary they were to pay 100l for the Voyage to which was added some Encouragement to the Woman that if she performed this Voyage well she might get 1000l before Lady Day and the Mony was paid by Mr. Ashton and he was taken aboard the Vessel Mr. Ashton was much concerned to secure the Papers by taking them out of the place where they lay upon the Ballast under the Quarter-Harches and after they were taken out of his Bosom he was very importunate and so often with Captain Billop to throw them over-board And why should he be so earnest and concerned unless he very well knew and was acquainted with the contents of those Papers And he gave one of the Seamen 2s 6d to say they were bound for Flanders Unless it was a matter of great Importance he went about and that was not fit to be known why should he deny it or labour to have it concealed An 100l to be paid for this Voyage was upon a joint Account as well for my Lord Preston as for Ashton and Elliot Mr. Ashton did pay the Money and he does not make it appear whose it was Gentlemen it rests upon you to consider the Evidence you have heard whether it is sufficient to induce you to believe Mr. Ashton was going into France with these Papers to carry on the Design of Deposing the King and Queen and invading the Kingdom If you are not satisfied in your Consciences that he i◠〈◊〉 then find him not Guilty On the other side if you are satisfied that he is Guilty I do not question but you will find him so L. C. J. Pollixfen Look you Gentlemen of the Jury My Lord has rightly repeated and stated the Evidence to you I shall only say but a very few Words to it Mr. Ashton as at first he did so in his Defence has complained of a very speedy Tryal and would insinuate something of Favour that he might find for that Reason It does appear he had notice of his Tryal sufficient and had Time enough to prepare for it But there is one thing extraordinary has happened to his Advantage which I would desire may be taken notice of If he had been tryed on Saturday perhaps
overboard the hiring the Vessel to go with these Treasonable Papers to an Enemies Country and the Papers found about you is Fact proved and is left to the Gentlemen of of the the Jury to consider of Mr. Ashton But does all this amount to more than Suspicion L. C. J. Holt. Look you Mr. Ashton if you speak after we have charged the Jury you will give us an Occasion of speaking to answer you the Gentlemen of the Jury are Men of Understanding they have very well observed the Evidence and I perceive they have been very extraordinary intent upon it they will be able to make a right Judgment no Question of it Mr. Ashton All that I desire is there is nothing proved upon me of my knowing what was in these Papers Mr. J. Eyres And there is that which is very considerable too that 't is plain what you say about Coll. Worden's Account is but a Pretence for which you were searcht there was not one Paper nor one bit of Account found about you nothing but this Bundle of Treasonable Papers and Letters Mr. Ashton My Lord I humbly begg you will observe what is for me as well as what is against me L. C. J. Holt. Gentlemen of the Jury do you think you shall stay out any Time the Court desires to know it because they will order themselves accordingly Juryman My Lord we do not know till we come together L. C. J. Holt. Nay take your own Time only the Court would comply with your conveniency in the Adjournment Then the Jury withdrew and the Court adjourn'd for half an Hour and when they were returned the Jury came in to give their Verdict and being called over answered to their Names Cl. of Arr. Gentlemen are you all agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. John Ashton hold up thy hand Which he did Look upon the Prisoner How say you Is he Guilty of the High Treason whereof he stands indicted or not Guilty Foreman Guilty Cl. of Arr. What Goods or Chattels c. Foreman None that we know of Maj. Richardson Look to him he is found guilty of High Treason Cl. of Arr. Then hearken to your Verdict as the Court hath recorded it You say that John Ashton is guilty of the High Treason whereof he stands Indicted but that he had no Lands nor Tenements Goods nor Chattels at the time of the High Treason committed nor at any time since to your knowledg and so you say all Jury Yes L. C. J. Pollexfen Gentlemen I think truly you have gone according to your Evidence which the Law requires you to do and that is it which will preserve us all And tho it be truly a thing that falls hard upon the particular Men that are concerned in such things yet notwithstanding we must have more consideration of the general Good and Preservation and the Support of the Government and that the Law have its due Course than of any particular Man's Case as to the hard Point of it We must look to these things or there will be no living in the 〈…〉 Sir W. Hedges My Lord we 〈…〉 of your Lordship that we may be dismist from further attendanâ—◠〈…〉 L. C. J. Pollexfen Ay. Cl. of Arr. Gentlemen you are dismist and the Court thanks you for your Service Then the Court adjourned for an Hour and then the Lord Mayor and Deputy Recorder with several of the Justices and Aldermen returned into the Court and after Proclamation for Silence Order was given to bring the Lord Preston and Mr. Ashton to the Bar. which was done The Lord Preston standing without the Bar and Mr. Ashton within Cl. of Arr. Sir Richard Grahm hold up your hand Which he did John Ashton hold up your hand Which he did My Lord Preston You stand convicted of high Treason for conspiring the Death of the King and Queens Majesties for adhering to the King's Enemies and endeavouring to subvert the Government What can you say for your self why the Court should not proceed to give Judgment against you of Death according to the Law Lord Preston 'T is true my Lord the Jury have found me guilty of the Treason assigned in the Indictment My Lord it is a Treason of a very heavy and black Nature 't is of such a Nature that if I had been conscious to my self to have deserved I should be very willing to undergo that Judgment that is like presently to pass upon me It is to endeavour to bring in the King of France to Conquer and Invade this Kingdom 't is a thought I always abhorred I love my Religion my Family my Country too well to attempt or endeavour any such thing I must appeal to your Lordship though now perhaps it is too late whether the Treason that is laid against me has been perfectly proved for in the Case of proving Hands and particularly in the Case of Collonel Sidney It was disallowed that comparison of Hands should be Evidence there ought to be at least one if not two Evidences to prove the writing of it My Lord I know this is too late I should have offered this to the Jury before but being in the Crowd and in great disorder by standing so long I had not strength or ability enough to urge it as I should I have nothing more to say in the Case but submit to that Judgment that the Law has assigned Mr. D. Recorder My Lord Preston Your Lordship knows the proceedings of the Law in such Cases there is no averring against the Verdict of the Jury they have found your Lordship guilty and the Law says that Judgment must be given upon you according to that Verdict Lord Preston Mr. Recorder I do not aver against the Verdict I own it is too late I should have offered it before and I submit to the Judgment of the Law Cl. of Arr. John Ashton hold up thy hand which he did You are in the same Case with the Prisoner last before you What can you say for your self why Judgment should not be given against you to die according to Law Mr. Ashton My Lord I would humbly desire I might have a sight of my Indictment I have some reason perhaps to believe that I am found guilty upon an Erroneous Indictment and if it be so I would desire to have Councel to argue the Errors of the Indictment Mr. D. Record You have heard it twice read in English and once in Latin and that is all that is allowed to any one in Your Case I never knew the Record of any Indictment shewn to any Prisoner at the Bar. Mr. Ashton Suppose there be any Error in it Mr. D. Record I am not to suppose any such thing if there is any it has been read to you assign it and the Court will consider of it Mr. Ashton If I can assign the Errors in the Indictment may I have the advantage of it then Mr. D. Record
ope iisdem restituti fuerimus Hoc non ita difficilè videtur modo subsidio aliquo juvemur adeò aegre ferunt grave usurpationis jugum nostri reditûs tam sparsum est desiderium Juvabit Pax Catholicos inter Principes inita aut si pacem temporis angustiae vetent Induciae quae etiam finem imponent Tragoediae in Germania inchoatae ubi Heretici in ipsis Ecclesiae visceribus haerent eaque rodunt Nihil opus verbis ubi res ipsae tam clarè loquuntur opem implorant Apostolicus S. V. zelus aliquam providebit malis parem à fiduciâ pleni Deum veneramur Beatitudini vestrae longum prosperum regimen largiatur atque pedibus ejus advoluti omni cum debito sanctitatis vestrae filiali amore atque observantiâ Apostolicam Benedictionem postulamus Datum Dublinii 26 Novemb. 1689. Dublin 26 Novemb. 1689. Translation of a Latin LETTER whereof the Copy is annexed which was then writ by King James to the Pope as 't is extracted out of the Register taken at Dublin with a Marginal Note That it was all writ with His own Hand Most Holy Father WE did by the Earl of Melfort Our Principal Secretary of State signifie to Your Holiness the Joy We had in Your Promotion to the Sacred Chair And those Letters which Your Holiness did with Your own Hand write Us were such Testimonies of Fatherly Love and of Your Tender Compassion for what We suffer that they have lessened the sense of Our Calamity and have proved of real Consolation to Us. The only source of all these Rebellions against Us is That We embraced the Catholick Faith and do not disown but that to spread the same not only in Our Three Kingdoms but over all the dispersed Colonies of Our Subjects in America was Our determination To manifest this there will need no other proof than to see how lately We have proceeded in this Kingdom for as We have frequently beaten the Rebels in small Parties which might have been one complete Victory if they had not obstinately declined to give Us Battel so We have still turn'd all to the advantage of Religion and hope very soon to see it here firmly established Nor will it look hard if but aided by some Subsidies to compass the same in Our other Dominions as soon as by God's favour We shall be restored seeing Our People do so ill bear the Usurper's Yoke and so universally long for our Return It would promote this Work if a general Peace were settled among the Catholick Princes or a Truce at least in case the time be too short for the other for this would put an end to those Calamities begun in Germany and where the Hereticks lie now gnawing in the very Bowels of the Church But what need We speak on this Subject where the things themselves are so loud and implore Your Aid The Apostolick Zeal of Your Holiness must find out Remedies fit for these Evils and in full confidence hereof We beseech God to give Your Holiness a long and happy Reign And We being with all Love and filial Observance prostrate at Your Feet do beg Your Apostolical Benediction Given at Our Castle of Dublin this 26th of November 1689. May it please your Majesty SInce the last Post not having had any new occasion of demanding Audience of the Pope I went to the Cardinal Ottoboni whom after four or five disappointments I at last found and informed him of the matter and begged his assistance with the Pope for all those Reasons which your Majesty has already seen and what else I could invent The Cardinal seemed much more willing to enter into the Matter than formerly was very glad at the News told me that he had seen Your Majesties Letter to the Pope all of your own hand That it was all their concerns that he was but the Pope's Minister and so could answer for nothing but informing him Right and that he promised to me he would do with as much affection to your Majesties Interest as I could do if I were there He complained in confidence to me that the Pope had some about him who were not so affectionate and that so he often left him well inclined and found him changed at next meeting but that in this he would do all that was in his Power He said he doubted not that I was informed of the Emperor's proceedings how angry he was at the Pope c. I told him That for those about the Pope if any of them contradicted his inclinations I humbly conceived it to be his fault who having the double Authority of Minister and Nephew might easily make the Palace too hot for any who would oppose him especially in things so just and indeed so necessary for his Interest That I was indeed informed of the Emperor's Hâ—ffing but withal knew how little that would signify if he took the right way which was to assist the King to his Throne who would be in a condition to bring Europe to Peace on just terms and not only to assist the Pope but to profit his Eminence and all his Family That I knew what a King of England could do and what the Generosity of this King would do to such as obliged him as his Eminence might do in this Conjuncture That the Emperor was lost however to them and that made it the more necessary to hold in with same so as to have a Friend in time of need That if this was true I informed him of the nearest way to put himself above what the House of Austria could do was to push on the Wheel that went easiliest and then the King on his Throne that Family would not talk so high I had all the satisfaction in words I could desire but in effect I believe nothing will be done till the news of the Rising come and then I am very confident something will be done so I pray God we may have the news of it speedily And if it be not dispatched hither before this come to your Majesties hands I would humbly beseech your Majesty to get the M. C. King to send an Express with it hither that we may make the greater impression with it in the mean time I shall after the Post comes endeavour another Audience that I may still be keeping them in mind of what it 's so much their duty to do however I am sorry that on this important occasion I should be so little useful to so good a Master but it is God's will and I must submit to it I am told how true I know not that in Ireland they begin to be sorry for their injustice to me pray God it be true and that my Example may hinder them from falling in the like with Mr. De Lauzune who will certainly carry higher than I did with them and therefore I have some Reasons to fear from the Humours he has to do with I have written to all my Friends to do their best to keep peace and that all may prefer the King's Service to their own private Interest which I hope in God they will do and that all shall go well I am sorry to hear that there was not preparation made for the reception of the French the King could do no more but send a Lieutenant-General E. Dover to take Order but alas the negligence of the Servant makes the Master suffer and it will never be well till these 〈◊〉 be punished as they deserve as I doubt not this has been if the Story be true that the fault was so great and the worse the matter is represented in France the more the King's Honour is concerned not to suffer it to pass unpunished one Example or two is necessary for the recovering of the Kingdoms for there is not one thing I stand so much in fear of as negligence in executing the King's Orders Forgive me Madam for medling in this matter but I 'll swear I cannot help it I must be concerned when I hear of any thing by which the King is prejudiced either in his Reputation or Service I humbly Pray That Almighty God may send his best Blessings upon the King your Majesty and the Prince and that you may happy together for many years in your own England and that all 〈◊〉 Subjects may rejoyce at it as heartily as I who am May it please your Majesty Your Majesties most Humble most Faithful and most Obedient Subject and Servant MELFORT Rome May 2. 1690. Lady Melfort has her most Humble Duty presented to your Majesty for which presumption she begs Most Humble Pardon FINIS
this Ship he was to hire a Ship that had a Place to hide in and so he must needs know upon what Design I say by that he must needs know that there was a Matter of great Moment which he was to transact for he was to have such a Ship as he might hide in After this Ship was hired then they met in Covent-Garden and there they take Order with the Man to go down with them to the Stairs where the Water-men was called indeed Mr. Ashton did part from them in the Way but presently after came to them at the Stairs and there came my Lord Preston and his Man who together with Ellyott that was there before I think before all Embark't in the Boat and were carried to the Ship and made all the hast away they could for France When they were there and came to a Place of Danger near a Ship of War there was care taken according as they had enquired of the Master of the Ship before that they should be hid and hid they were Afterwards when they were past that Danger when they came to the Block-House at Graves-end there they thought fit to hide again and did so and there they concealed themselves till they were surprized in that Place by Captain Billop My Lord after such time as Captain Billop had surprized them he tells you how he came down after this Smack you see what happened my Lord Preston first came up and after he had Search'd my Lord Preston Ellyott came up and he was searcht and after Mr. Ashton was once come up he went down to fetch his Hat and there was seen to take up this Bundel of Papers and there the Papers upon search were found in Mr. Ashton's Breast This being so found in his Breast you have heard what applications were made by this Gentleman to get these Papers cast Over-board and what Promises were made to the Captain and what likelihood there was of making his Fortune if he would go along with them or throw away the Pacquet You hear Gentlemen that after they came to White-hall one of the Men Swear that this Gentleman gave them Money that they should say they were not hired for France but for Flanders These Gentlemen are the several Circumstances that do appear in this Case which shew the mighty care and dilligence that was used to get those Papers suppressed that had been thus taken or to get them again into their own Custody and that is a Matter that shews how far this Gentleman was concerned in this Design and taking all these things together I think there can no greater Evidence be given that Mr. Ashton was in this contrivance that he was concerned in the Message that he was to be sent and all this business that was thus to be done was as much Guilty as my Lord Preston who now stands convicted for it And the Court will tell you Gentlemen there are no accessorys in Treason all are Principals though it be not actually proved that this Gentleman did not know all these Papers what they were yet in Case he hired a Ship for himself and the Lord whose Papers they were to go in and take such notice of the Papers as to take care of them to suppress and conceal them that is an Evidence of his knowledge of the Importance of them and if so he will be equally Guilty of the High-Treason L. C. J. Holt. I doubt that Mr. S. Thompson My Lord I would not willingly press any thing further then the Nature of the thing will bear L. C. J. Holt. Pray go on Brother we are only talking among our selves Mr. S. Thompson The next thing is this that is to be considered that after such time as these Papers came to be laid open what is it that appear among them Truly I shall not take upon me to repeat so much as the substance much less the Particulars of the several Papers but 〈◊〉 must say that there does appear to be a Formed Design of Subverting the Government of deposing this King and Queen and of bringing us all into War and Rebellion and Blood-shed all this under a pretence of Establishing the Protestant Religion and our Legal Government again tho I can see no means they had to depend upon for it but by a Popish Interest and a French Power and how far that is possible or probable to promote such an end by such means I leave to your consideration Gentlemen you have heard all the Particular Papers read here was the Resolution of a Consult and Conference where this Project was designed here were Heads of a Declaration that was to be framed to make the Credulous believe what mighty things should be done upon their New Revolution you see what Letters have been produced and cannot but easily apprehend what is the Import and Meaning of them I resolve as I said not to mention the Particulars but there is scarce One Line among them but what is Treason for it all tends to this Purpose and Design to depose the King and alter the Present Government Now upon the whole Matter Gentlemen what this Gentleman has said I confess to me seems strange he said indeed at first that he had no Defence at all or that which was very weak and so it should seem the Truth was for you see what his Defence has been He says that he went into France that he owns that he was going thither but what was it to do it was to settle some Accounts with the Family of Collonel Worden and to receive a Sum of Money that was owing to him by a Person there Gentlemen if the Design had so much Innocency in it certainly he might have had a Pass at least there was no need of hiring a Vessel at such an extravagant rate there was no necessity of hiding in this secret manner and no necessity of impossible suggestions and prefering Great Rewards for the disposing of and concealing these Papers Gentlemen You will remember many Particulars more which have not slipt your Observation I shall not take upon me to repeat them but leave them to your consideration Only this I must say That this is a Treason of a very high Nature a Treason to depose a King that has ventured all he had 〈◊〉 his Life has been in Danger and his Blood has been spilt to Establish this Government and our Religion and our Laws and yet it seems there are Men that think this may be better done by a Popish Interest and French Power which I think no body of either Wisdom or Honesty can imagin or will engage in and therefore I leave it to your determination L. C. J. Holt. Gentlemen of the Jury you understand that Mr. Ashton is now Tryed for High Treason it is mentioned in the Indictment to be for Conspiring the Death and Deposing of the King and Queen and for that purpose he did endeavour to go into France and to carry divers Proposals in Writing and
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