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
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
delivered to him were sent back by him sealed and delivered to my Ld President my Ld President brought them all to the Cabinet-Council and delivered them to my Ld Sidney and this my Ld Sidney says is one of those Papers Ld Preston My Lord I have a very great Honour for that Noble Lord and I am sure if he had not been upon his Oath he would have said that which was truth but in this condition that I am in I must crave leave to observe every thing I can for my self and I cannot but say these Papers are very oddly managed and delivered up and down from one hand to another I desire your Lordship would please to observe that these Papers are here brought after a very odd manner Mr. S. Thompson My Ld Preston you are not to sum up the Evidence to the Jury till we have done nor to make your Observations Ld C. J. Holt. Brother my Lord opposes the reading of the Paper as not well proved Ld Preston I do so my Lord and I hope your Lordship will advise me whether you do think it a sufficient Evidence and Proof of these Papers they are Papers that have been copied out and sent unsealed from hand to hand by some Mestengers from one to another and which now appear to be unsealed and some of which he that took them cannot swear to Jury-man My Lord we cannot hear one word that is said Ld Preston That is my misfortune but I am urging to my Lords the Judges whether this Paper ought to be read and I desire your Lordship to advise me whether it can be admitted as Evidence being thus oddly proved Ld C. J. Holt. It is Evidence surely my Lord but the Question is What Credit the Jury will give to this Evidence the Jury are Judges of that but certainly it is Evidence to have the Paper read Ld Preston I doubt not but your Lordship will do me Justice and I readily acquiesce in what your Lordships do appoint Ld C. J. Pollexfen Pray my Lord see how the Evidence stands about this matter first it is sworn by Billop that he took a Bundle of Papers tho 't is true the Particulars he does not undertake to swear to Well what is next why says he all that was in that Bundle I carried to my Ld Nottingham and I received from my Ld Nottingham all that I carried to him What says my my Ld Nottingham he swears I delivered back again to Capt. Billop the same Papers he delivered to me and all and no more sealed up with my Seal When he has it sealed up what does he do with it why he carries it to my Ld President Is there any possibility of creeping out of this Evidence Well he delivers them to my Ld Sidney and my Ld Sidney says this is one of those Papers Can there be a plainer Evidence than this when he says all he had he carried to my Ld Nottingham and my Ld Nottingham swears all he did receive he sent back sealed by him to my Ld President and my Ld President swears all he received so sealed he gave to my Ld Sidney and my Ld Sidney swears this is one of those Papers Ld Preston But your Lordship will please to observe they were carried to the King and they were in the hands of my Ld Marlborough L. C. J. Holt. No my Lord not out of the sight of my Lord President My Lord President says my Lord Marlborough marked some of them but they were delivered to my Lord Sydney and my Lord Sydney does say they are the same Papers that he had from my Lord President and my Lord President says they are the same that were brought him by Captain Billop from my Lord Nottingham and my Lord Nottingham swears he sealed them the same Papers all and no more than he received from Captain Billop L. C. Baron Your Lordship should observe where the defect of the Proof is and then it may be supplyed for truly put it altogether I cannot see how there could be a plainer Proof given Lord Preston My Lord I desire to be heard as to this my Lord President was pleased to say that some of them were delivered to the King L. C. J. Holt. No they were shewn to the King but my Lord President was by all the while the King did read them Lord Preston My Lord where a Mans Life lyes at stake and all that is dear to him your Lordship will certainly allow him to make what observations he can for himself L. C. J. Holt. Ay in Gods Name by all means You shall have all the Liberty you can desire Mr. Soll. Gen. My Lord we desire my Lord President will be pleased to look upon those Papers Which was done Lord President This is one of the Papers that I received from Captain Billop and which I shewed to the King and which I brought to the Cabinet Council and this is another of the Papers Lord Preston Pray my Lord was your Lordship by when His Majesty read those Letters Lord President Yes my Lord I was Lord Preston My Lord I ask it for this end to know whether they were out of your Lordships sight Lord President No never I was in the Kings Cabinet His Majesty read some of them and then put them up again and gave them me and I delivered them at the Cabinet Council to my Lord Sydney Mr. Soll. Gen. My Lord we desire this Paper may be read L. C. J. Holt. Read it Clerk of the Peace Reads The result of a Conference between some Lords and Gentlemen both Tories and Whigs in which it was undertaken to prove the possibility and method of restoring by a Fr. Power without endangering the Protestant Religion and Civil Administration according to the Laws of this Kingdom 1. F. Must either Oblige or Conquer us If the last he will find few helps here but a bloodyer resistance then ever the Romans Saxons or Normans found It being incredible how unanimous and obstinate that very thought renders the People so that it may make us a heap of ruin but no Nation that can ever help or import any thing to F. 2. If K. L. desires to oblige Vs and make the Work easie that he may be at leisure to ply the Empire or Italy or to have an advantagious Peace he must take off the frightful Character we have of him and shew us he has no such design as returning our Offended K. a Conqueror upon us but that he can and will be our Friend and Mediator upon which terms he will find that many Lords and Gentlemen will speedily shew themselves to his Satisfaction especially if he makes haste and looses no approaching Opportunity 3. If he incline to this sort of Sense he must over-rule the Bigotry of St. G. and dispose their Minds to think of those Methods that are more likely to gain the Nation for there is one silly thing or other daily done there that comes to our notice here
L. C. J. Holt. No neither my Lord Sidney nor Mr. Bridgman said so I suppose the Jury are apprehensive of the matter I would not mislead them I 'll assure you nor do your Lordship any manner of Injury in the World Lord Preston No my Lord I see it well enough that your Lordship wou'd not I am for my Life and beg your Lordships pardon for my interrupting of you L. C. J. Holt. Gentlemen the next thing is to consider Whether my Lord Preston be answerable for these Papers or a Party in this Treason First Gentlemen I would have you to consider that there was the hiring of a Vessel for France It is true my Lord Preston was not present at the bargain but you observe that my Lord Preston his Servant Ashton and Elliot took Water at Surry-stairs on purpose to go on Board that Smack Now Gentlemen Whether or no you can intend any other ways than that my Lord Preston was privy to the hiring of this Vessel though he was not present at the hiring of it for how should my Lord Preston be ready to take Water with them at Surry-stairs Can you imagine my Lord came there by chance and took a suddain Resolution If you can imagine that he came only to go on Shipboard without knowing the Previous Design truly you imagine a very great thing for my Lords advantage It is plain he went voluntary without Compulsion truly I think the Evidence is very strong to induce you to believe he was privy to this design and that he did know of hiring the Vessel Lord Preston I hope your Lordship will observe at the same time that I was never seen before we took Boat L. C. J. Holt. My Lord I have observed it and I lay that weight upon the Evidence that I think it will naturally bear and no more and leave it to the Jury to consider whether your Lordship was privy to the Design or no when they weight the Circumstances of the Evidence together Lord Preston I hope I shall not be condemned upon Presumption and Argument L. C. J. Holt. What weight the Evidence has they will consider And then Gentlemen there is another thing that I would observe Why should my Lord Preston a Noble Man a Person of his Honour and Quality put himself in such a place as he was found in and that twice It must sure be out of an Apprehension of some Danger As for the Seamen they were secure enough they were not frightned because they thought they were protected and my Lord Preston knew he was not lyable to be Prest the Master of the Vessel tells you they were fearful and therefore hid themselves in a place they could not stand in nor sit in there was the the Gravel and Ballast it was uneasie to them dangerous to their Health to be there Gentlemen why do Men avoid the light and put themselves under covert unless they have some evil design Persons that are innocent seek not obscurity The Seals were found there and my Lord does not deny they were his Seals Lord Preston I do not deny that I hope it is no Crime to have such Seals L. C. J. Holt. Ay but says my Lord that does not affect because the Papers were not found about me but were found about Ashton Gentlemen if you can imagine my Lord Preston had a different Design from the rest of the Company that were with him then you may acquit my Lord and find him Not Guilty But it is left to you to consider whether he had not the same Design with them Besides there 's mention made in one of the Letters My Lord and there was no other Lord but he and here are Papers proved to be my Lord 's own hand containing several of the matters of which he stands Indicted and he would have had the Captain to have disposed of the Papers Now Gentlemen what account does my Lord give you where he was going it seems they did pretend at the time they were taken and they would have had the Master of the Vessel said that their design was for Flanders but the Witnesses tell you positively That the Vessell was hired for France Truly Gentlemen I must leave the matter to your Consideration whether my Lord be Guilty of this Design or Not Guilty There is another thing that my Lord has urged for I would not willingly omit any thing material on the one side or the other he says his Indictment is laid in the County of Middlesex but the Papers were not taken there the Ship they went on board lay at Anchor in Surrey and when they were taken it was in the County of Kent and so there is no Proof of Treason in Middlesex Ay but Gentlemen give me leave to tell you if you are satisfied upon this Evidence that my Lord was privy to this Design contained in these Papers and was going with them into France there to excite an Invasion of this Kingdom to Depose the King and Queen and make use of the Papers to that end then every step he took in order to it is High Treason where-ever he went his taking Water at Surry-Stairs in the County of Middlesex will be as much High-Treason as the going a Ship-board in Surrey or being found on Ship-board in Kent where the Papers were taken Gentlemen I have failed of recollecting several of the Particulars of the Evidence because they are many and you will not depend upon my Recollection of things so very incoherent as some Parts of the Evidence in the Papers are but upon your own Notes and Observations If you do think having heard this Evidence That my Lord was not concerned in this Matter That my Lord had no Design to go into France with these Papers but that he was an utter Stranger to all these things then you are to acquit my Lord. But if you believe my Lord was privy to and knew of the hiring of this Vessel and that he went to carry on the Design conteined in these Papers and that he wrote some of these Papers and with the others he was acquainted then you are to find him guilty L. C. J. Pollexfen My Lord if you please I would observe one thing to the Jury L. C. J. Holt. Ay by all Means my Lord. L. C. J. Pollexfen Gentlemen of the Jury I shall say but a few Words to you because indeed my Lord has summ'd up the Evidence very fully for matter of Law I am fully of Opinion there never was a more Black nor Horrible Treason than is in this Plot that is now discovered for I think Englishmen have no greater Enemies than the French and the Papists and you see this is a Plot to bring in both and therefore I think there was never any thing of greater Consequence to the Government and the Nation than to have this Plot detected and punished tho' perhaps never any thing was more improbable than this same Plot that it should ever take effect