no longer then Munday and you have had convenient Notice L. Preston Truly my Lord I think it is hard when my Life and Fortune and all are concerned that I should be hurried on to a Tryal only because the Court is streightened in point of time and yet that is the only Reason that I can perceive why such haste is made I desire a little more time to prepare my self and I think it very hard I should be denied I must submit it to your Lordships If you will not allow me time I cannot make my Defence as I would L. C. J. Holt. My Lord as to the shortness of the time that is no Objection you have had convenient Notice as much Notice as the Law requires and as much time as without particular cause shewn hath here at any time been given in such a Case If indeed there had been any particular Reason offered for putting off the Tryal and you had made it appear by Oath the Court possibly might have put off the Tryal but because your Lordship only suggested you wanted a Witness naming neither Person nor Place or Matter such Witness should prove they are of Opinion no cause appears for such delay of your Tryal L. Preston My Lord I assure you I am not prepared for my Tryal L. C. J. Holt. My Lord the Court over-ruled this Matter yesterday it cannot be put off Mr. Sol. Gen. My Lord I would humbly offer your Lordship one thing before the Jury be called and sworn By the Law these Gentlemen at the Bar have the Privilege to challenge peremptorily to the Number of 35 which is so great a Number that if each of them severally take advantage of it as they may do by Law and God forbid they should be denied any advantage the Law gives them it will be next to impossibile to have a sufficient Number of Jurors appear so as that we may proceed in the Tryal L. Preston Truly my Lord we don't hear what Mr. Sollicitor says L. C. J. Holt. Do you not Then I 'll tell you what he says when he has done Go on Mr. Sollicitor Mr. Sol. Gen. My Lord all that I would know of them is Whether they intend to take the Advantage that the Law gives them of single and particular Challenges for then they must be tryed severally Or whether they will be content that the same Persons that are challenged by any one shall stand challenged for all three I leave it to them to take their own choice let them do what they please in it L. C. J. Holt. My Lord Preston Mr. Sollicitor tells you what the Law is that every one of you may challenge Five and thirty without Cause and if the Court should proceed to try you all together and every one of you should challenge Five and thirty perhaps a sufficient Number will be wanting to try you the Number challenged will then amount to 105 in all If so be you agree in your Challenges that what one challenges shall be challenged by the other two then the Court will go on and try you all together otherwise they will be forced to sever you therefore he desires to know whether you will joyn or sever in your Challenges Mr. Sol. Gen. Take your own choice Gentlemen and do what you think best L. Preston My Lord the Matter of Challenging is so great an Advantage to a Man upon his Life that for my part I must insist upon that which the Law gives me to challenge as many for my self as I think fit to the Number that the Law allows me L. C. J. Holt. My Lord Preston says he will as 't is fit he should take all Advantages he can What says Mr. Ashton to it Mr. Ashton My Lord I expect the same Advantage L. C. J. Holt. You must have it it is not proposed to preclude you from any Advantage that the Law allows you If you insist upon that Advantage you must have it and then you must be tryed severally Mr. Sol. Gen. Then my Lord since they are pleased to declare they will sever in their Challenges we must desire to sever them in their Tryal and to begin with the Tryal of My Lord Preston Mr. Ashton My Lord I desire the Liberty to be by when my Lord is tryed L. C. J. Holt. No no that is not to be permitted Mr. Serj. Tompson If you had joyned in your Challenges then you had been tryed all together L. C. J. Pollexfen That Advantage you lose by severing in your Challenges you lose the Assistance of each other at your Tryal L. C. J. Holt. That is the consequence but do as you please set them by L. C. J. Pollexfen It may be they do not so well weigh the consequence therefore call them again Gentlemen Do you consider the consequence of your not joyning in your Challenges You must not be by if my Lord Preston be tryed by himself but must withdraw and thereby you will lose the Advantage of helping one another Mr. Elliot My Lord I desire to be tryed alone Mr. Ashton And so do I my Lord. L. C. J. Holt. Then Captain Richardson take them away Afterwards the Court was informed that Mr. Elliot desired to be tryed with my Lord Preston and thereupon they were called again L. C. J. Holt. Gentlemen Do you desire to be tryed alone or with my Lord Preston Mr. Elliot My Lord if you please I desire to be tryed with my Lord. Mr. Sol. Gen. Does Mr. Ashton desire it too Mr. Ashton No my Lord I desire to be tryed by my self Mr. Sol. Gen. Then we will try my Lord Preston by himself L. C. J. Holt. Mr. Elliot the King's Council do not think fit to try you with my Lord Preston without Mr. Ashton and unless you will all joyn you must all be tryed severally Mr. Elliot I can only answer for my self Mr. Ashton I am for being tryed alone L. C. J. Holt. Then my Lord Preston must be tryed alone The other two were carried back to Newgate and the Lord Preston was bid by the Clerk to look to his Challenges Cl. of Ar. Sir Goddard Nelthorpe Baronet Challenged Sir Thomas Cooke Kt. Challenged Sir William Hedges Kt. Challenged James Boddington Esq Challenged Thomas Johnson Esq Challenged Ralph Bucknal Esq Challenged Craven Peyton Esq L. Preston I do not except against him Cl. of Arr. Then swear Mr. Peyton Which was done Lucy Knightley Esq Challenged Scory Barker Esq Challenged Thomas Cuthbert Esq Challenged Alban Chaire Esq Challenged John Herbert Esq Challenged Hugh Squire Esq L. Preston I have nothing to say to him Sworn C. of Arr. John Tully Esq Challenged George Ford Esq L. Preston I do not challenge him Sworn Cl. of Arr. Henry Whitchcot Esq Challenged John Crosse Esq Not appeared Thomas Smith Esq Challenged William Withers Esq Challenged Richard Cradeck Esq Mr. Cradeck My Lord I know not how I came to be summoned upon this Jury for I am no Freeholder L. C. J. Holt.
Then set him aside Cl. of Arr. John Cane Esq Challenged William Jacomb Esq Mr. Jacomb My Lord I am no Freeholder L. C. J. Holt. How long have you not been a Freeholder Mr. Jacomb Near this Four Months L. C. J. Holt. Give him his Oath Which was done Have you no Freehold in the County of Middlesex in your own Right nor in the Right of your Wife Mr. Jacomb No my Lord. L. C. J. Holt. Then you must go on to the next Cl. of Arr. Joseph Dawson Esq Mr. Dawson My Lord I am an ancient Man and not fit to serve upon the Jury L. C. J. Holt. Well now you are here for this time serve we will excuse you hereafter Mr. Sol. Gen. My Lord we challenge him for the King L. Preston My Lord I desire to know when any one is challenged for the King whether they must not shew cause L. C. J. Holt. By and by if there be not enough they shall shew cause L. C. J. Pollexfen You shall have all that the Law allows you certainly my Lord. Cl. of Arr. Thomas Austin Esq Not appeared Richard Paget Esq L. Preston Has this Gentleman any Freehold Mr. Paget Yes my Lord I have in the County of Middlesex L. Preston I do not except against him Mr. Serj. Tremain My Lord we challenge him for the King L. Preston My Lord I humbly desire they may shew their Cause L. C. J. Holt. My Lord Cause is not to be shewn by the Kings Counsel till all the Panel be gone through and then if there be not Twelve left to try then they are bound to shew Cause that is the Law L. Preston My Lord it is a thing of a very tender concern to me I desire to know If it be not usual that they should assign the Cause when they Challenge any for the King For if it be not according to Law it may be a prejudice to me and I desire I may have Counsel heard to that Point L. C. J. Holt. My Lord shall we assign Counsel to dispute Matters not disputable Tthere is not any more clear Case in all our Law than that If your Lordship please you shall have a Book to read that the King is not bound to shew Cause till the Panel is perus'd L. Preston Then I don't insist upon it Cl. of Arr. Walter Bridal Esq Challenged Samuel-Hodgkins Esq Challenged Thomas Elton Esq L. Preston I do not challenge him Mr. Serj. Tremain Then we challenge him for the King Cl. of Arr. Arthur Bayly Esq L. Preston I have nothing to say against him Sworn Cl. of Arr. John Milner Esq Not appeared Richard Page Esq L. Preston I do not except against him Mr. Serj. Thomson Then we challenge him for the King Cl. of Arr. Richard Marsh Esq Mr. Marsh My Lord I desire to be excused I am not fit to serve upon a Jury L. C. J. Holt. Why Mr. Marsh I am thick of hearing L. C. J. Holt. Methinks you hear me very well Mr. Marsh Truly my Lord I do not hear well L. C. J. Holt. Well you may spare him if there be enough L. Preston My Lord I do not challenge him I desire he may be sworn Mr. Serj. Tremain We challenge him for the King Cl. of Arr. Thomas Harriot Esq Challenged Nath. Wall Esq L. Preston I do not except against him Mr. Sol. Gen. We challenge him for the King Cl. of Arr. Matthew Browne Gent. L. Preston I do not challenge him Mr. Serj. Tremain We challenge him for the King Cl. of Arr. Thomas Crosse Gent. Not appeared Robert Bredon Gent. L. Preston I have nothing to say against him Sworn Cl of Arr. James Partherick Gent. Challenged John Bayly Gent. Challenged William Bourne Gent. Challenged Henry Gerrard Gent. Challenged Richard Cooper Gent. L. Preston I say nothing to him Mr. Serj. Thomson I challenge him for the King Cl. of Arr. John Bignal L. Preston I do not challenge him Sworn Cl. of Arr. James Firne Gent. L. Preston I do not challenge him Sworn Cl. of Arr. Robert Longland Gent. Challenged Edmund Salter Gent. Challenged John Hâ—wlet Gent. Challenged Richard Fitz-Gerald L. Preston I do not except against him Mr. Serj. Tremain We challenge him for the King Cl. of Arr. John Owting Gent. L. Preston I do not except against him Sworn Cl. of Arr. Mark Lawne L. Preston I do not challenge him Sworn Cl. of Arr. Thomas Battle Not appeared Francis Chapman Gent. Challenged Gilbert Vrwin Gent. Challenged Richard Bealing Gent. Challenged Edward Fuller Gent. L. Preston I do not Challenge him Sworn Cl. of Ar. John Collins Gent. L. Preston I don't Challenge him Sworn Cl. of Ar. Thomas Hollings L. Preston I have nothing to say against him Mr. Ser. Tremain We Challenge him for the King Cl. of Ar. William Silcock Gent. L. Preston I do not Challenge him M. Serj. Tremain We Challenge him for the King Cl. of Ar. John Preston Gent. Challenged Thomas Wright Gent. Challenged Benjamin Boultby Gent. L. Preston I do not Challenge him Sworn Then they were counted and the Twelve Sworn were those whose Names follow JURORS Craven Peyton Esq Hugh Squire Esq George Ford Esq Arthur Bailey Esq Robert Breedon Gent. John Bignal Gent. James Ferne Gent. John Owting Gent. Mark Lawn Gent. Edward Fuller Gent. John Collins Gent. Benjamin Boultby Gent. Then Proclamation for Information and Evidence was made as usual Cl. of Ar. Sir Richard Grahme Hold up your Hand which he did Gentlemen you that are Sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Sir Sir Richard Grahme late of the Parish of St. Anne within the Liberty of Westminster Baronet together with John Ashton c. prout in the Indictment mutatis mutandis and against the form of the Statute in that Case made and provided upon this Indictment he hath been Arraigned and thereunto hath pleaded Not Guilty and for his Tryal hath put himself upon God and his Country which Country you are your Charge is to enquire whether he be Guilty of this Felony and High Treason whereof he stands Indicted or Not Guilty if you find that he is 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 find that hefled 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. Knapp May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High Treason against my Lord Preston who is Indicted by the Name of Sir Richard Grahme Baronet and stands now Prisoner before you at the Bar and the Indictment sets forth that the Prisoner together with one John Ashton and one
THE ARRAIGNMENT c. OF Sir Richard Grahme Baronet Viscount PRESTON in the Kingdom of Scotland AND John Ashton Gent. Anno Regni Domini WILLIELMI Dominae MARIAE Angl. c. Secundo Die Veneris 16. die Januarii Anno Dom. 1690. The King and Queens Writ of Habeas Corpora was sent to the Governour of the Tower of London to bring up the Bodies of Sir Richard Grahme Baronet Viscount Preston in the Kingdom of Scotland John Ashton and Edmund Elliot Gent. to the Sessions-house in the Old-Baily London where they were brought between the hours of Ten and Eleven in the Forenoon and being placed at the Bar were Arraigned upon an Indictment of High-Treason found the day before by the Grand-Jury for the County of Middlesex at Hicks Hall in manner following Cl. of Arraignments SIR Richard Grahme hold up your hand Which he did and so the other two You stand indicted by the names of Sir Richard Grahme late of the Parish of St. Anne within the Liberty of Westminster in the County of Middlesex Baronet John Ashton late of the Parish of St. Paul Covent-Garden in the County aforesaid Gentleman and Edmund Elliott late of the Parish of St. James within the Liberty aforesaid in the County aforesaid Gent. for that you as false Traytors against the most Illustrious and most Excellent Princes William and Mary King and Queen of England Defenders of the Faith c. your Sovereign Lord and Lady not having the fear of God in your hearts nor weighing the duty of your Allegiance but being moved and seduced by the instigation of the Devil the cordial Love and true due and natural Obedience which every true and faithful Subject of our said Sovereign Lord and Lady the King and Queen that now are towards them our said Sovereign Lord and Lady the King and Queen should and of right ought to bear wholly withdrawing and contriving practising and with all your strength indending the Peace and Common Tranquility of this Kingdom of England to disquiet molest und disturb and War and Rebellion against our said Sovereign Lord and Lady the King and Queen that now are within this Kingdom of England to stir up move and procure and the Government of our said Lord and Lady the King and Queen of this Kingdom of England to subvert change and alter and our said Lord and Lady the King and Queen from the Title Honour and Royal Name of the Imperial Crown of this their Kingdom of England to depose and deprive and our said Lord and Lady the King and Queen to death and final destruction to bring and put you the said Sir Richard Grahme John Ashton and Edmund Elliott the Nine and twentieth day of December in the second year of the Reign of Our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes in the County aforesaid Falsly Maliciously Devillishly and Traiterously with Force and Arms c. with divers false Rebels and Traytors to the Jurors unknown did Conspire Treat of Compass Imagine and intend our said Lord and Lady the King and Queen that now are your supreme and natural Lord and Lady from the Royal State Crown Title Power and Government of their Kingdom of England to Deprive Dâ—pose and Cast down and the same our Lord and Lady the King and Queen that now are to Kill and bring and put to Death and the Government of this Kingdom of England to Change Alter and wholly to Subvert and a miserable Slaughter among the Subjects of our said Lord and Lady the King and Queen within Their Kingdom of England to Cause and Procure and an Insurrection War and Rebellion against Our said Lord and Lady the King and Queen that now are within this Kingdom of England to Move Procure and Aid and the same your most evil wicked and Devillish Treasons and Taiterous Compassings Imaginations and Purposes aforesaid to fulfill perfect and bring to effect you the said Sir Richard Grahme John Ashton and Edmund Elliott as false Traitors then and there to wit the said Nine and twentieth day of December in the said second year of the Reign of our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes aforesaid in the County aforesaid with Force and Arms c. falsly unlawfully wickedly and traiterously did Propose Consult and Agree to Procure and Prepare great Numbers of Armed Men War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to Levy and Make And that you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the same Nine and twentieth day of December in the aforesaid second year of the Reign of our said Lord and Lady the King and Queen that now are at the Parish of St. Clement Danes aforesaid in the County aforesaid falsly maliciously and traiterously did Prepare and Compose and then and there did Cause and Procure to be Prepared and Composed several Traiterous Letters Notes Mâ—morandums and Instructions in writing to shew and inform Lewis then and yet the French King and his Subjects then and yet Enemies of our said Lord and Lady the King and Queen that now are and very many other evil-disposed persons and false Traytors to the Jurors unknown of and concerning the Number Force and Condition of certain Ships for and on the behalf of our said Lord and Lady the King and Queen of England then and there designed and prepared for the defence of their Kingdom of England and their Enemies aforesaid to repell and resist and how some of the same Ships were Manned and of the Names of the Captains of several of the said Ships and how the Castles and Fortresses of our said Lord and Lady the King and Queen called Portsmouth South Sea and Gosport within this Kingdom of England were strengthened and fortified and how the same Castles and Fortresses into the hands and possession of Enemies and false Traytors against our said Lord and Lady the King and Queen might be taken and seized as also of the time places ways manners and means by which when and where the same Enemies of our said Lord and Lady the King and Queen this Kingdom of England might invade and infest and the same Enemies and the Ships of the Enemies of this Kingdom of England should fight against our said Lord and Lady the King and Queen and their faithful Subjects as also to procure provide prepare and obtain against our said Lord and Lady the King and Queen that now are Assistance and Armed Men our said Lord and Lady the King and Queen that now are from their Royal State and Government of this Kingdom of England to cast down and Despose and to stir up promote and procure the aforesaid Lewis the French King then and yet an
Enemy of our said Lord and Lady the King and Queen this Kingdom of England to Invade and to send Ships within this Kingdom of England the City of London of our said Lord and Lady the King and Queen that now are to Plague as also to cause very many Subjects of our said Lord and Lady the King and Queen that now are to Rise and War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to move procure make and levy And you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the same day and year at the aforesaid Parish of St. Clement Danes in the County of Middlesex of and for the same your Treasons and Traiterous Compassings Imaginations and Purposes aforesaid to execute fulfill perfect and bring to effect into your Hands Custody and Possession then and there Secretly Knowingly Vnlawfully and Traiterously did obtain procure detain had concealed and kept two several Bills of Exchange then before made for the Payment of several Sums of Money to the Enemies of our said Lord and Lady the King and Queen that now are as also very many Traiterous Letters Notes Memorandums and Instructions in Writings then and there composed and prepared with that intent to shew and inform Lewis then and yet the French King and his Subjects then and yet Enemies of our said Lord and Lady the King and Queen that now are and very many other Evil Disposed Persons and False Traytors to the Jurors unknown of and concerning the Number Force and Condition of the Ships for and on the behalf of them our said Lord and Lady the King and Queen of England then and there designed and prepared for the Defence of Their Kingdom of England and to Repell and Resist their Enemies and how some of the same Ships were Manned and of the Names of the Captains of divers of the same Ships and how the Castles and Fortresses of our said Lord and Lady the King and Queen called Portsmouth Southsea and Gosport within this Kingdom of England were Strengthned and Fortified and how the same Castles and Forts into the Hands and Possession of Enemies and false Traytors against our said Lord and Lady the King and Queen might be taken and seized as also the Times Places Ways Manners and Means by which when and where the same Enemies of our said Lord and Lady the King and Queen this Kingdom of England might Invade and Infest and the Enemies and Ships of the Enemies of this Kingdom of England should Fight against the same our Lord and Lady the King and Queen of England and their faithful Subjects as also to procure provide prepare and obtain against our said Lord and Lady the King and Queen Assistance and Armed Men to Invade this Kingdom of England and our said Lord and Lady the King and Queen that now are from their Royal State and Government of this Kingdom of England to cast down and depose and to stir up promote and procure the aforesaid Lewis the French King then and yet an Enemy of our said Lord and Lady the King and Queen to Invade this Kingdom of England and to send Ships within this Kingdom of England the City of London of our said Lord and Lady the King and Queen to plague as also to cause very many Subjects of our said Lord and Lady the King and Queen to Rise and War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to move procure make and levy And you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the Thirtieth day of December now last past at the aforesaid Parish of St. Clement Danes in the County of Middlesex concerning and for the same your Treasons and Traiterous Compassings Imaginations and Purposes aforesaid to execute fulfill perfect and bring to Effect for One Hundred Pounds in Moneys numbred by you the said Sir Richard Grahme John Ashton and Edmund Elliott then and there paid and deposited unlawfully and Traiterously did hire and prepare and then and there did cause and procure to be hired and prepared a certain Ship and three Men you the said Sir Richard Grahme John Ashton and Edmund Elliott with the said Bills of Exchange and the aforesaid Traiterous Letters Notes Memorandums and Instructions in Writing into the Hands Custody and Possession of you the said Sir Richard Grahme John Ashton and Edmund Elliot secretly unlawfully and traiterously kept concealed and detained from this Kingdom of England unto and into France in Parts beyond the Seas then and yet under the Rule and Government of the said Lewis the French King then and yet an Enemy of our said Lord and Lady the King and Queen secretly to carry and transport with that intent the said Bills of Exchange Traiterous Letters Notes and Memorandums and Instructions in Writing there in parts beyond the Seas to the Enemies of our said Lord and Lady the King and Queen and other Evil-disposed Persons to deliver and disperse And the said most wicked Treasons and Traiterous Compassings and Imaginations aforesaid to fulfil perfect and bring to effect as also to cause promote and procure the aforesaid Enemies of our said Lord and Lady the King and Queen to invade this Kingdom of England with Ships and Armed Men. And you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the 30th Day of December now last past at the aforesaid Parish of St. Clement Danes in the County aforesaid concerning and for the same your Treasons and Traiterous Compassings Imaginations and Purposes aforesaid to execute and fulfil maliciously traiterously and advisedly then and there and diverse other days and times as well before as after took upon your selves to very many other Traytors to be aiding and assisting in the execution of the Treasons and Traiterous Compassings Imaginations and Purposes aforesaid and then and there to wit the same 30th day of December now last past at the Parish of St. Clement Danes in the County aforesaid maliciously secretly and traiterously did hire and prepare and then and there did cause and procure to be hired and prepared a certain Boat and one Man to the Jurors aforesaid unknown you the said Sir Richard Grahme John Ashton and Edmund Elliott from thence to and into the aforesaid Ship so as aforesaid hired and prepared to carry and convey And you the said Sir Richard Grahme John Ashton and Edmund Elliott maliciously and traiterously into the same Boat then and there did enter and your selves from thence in and by that same Boat unto and into the Ship aforesaid then and there unlawfully and traiterously did cause and procure to be carried with the intention aforesaid And you the said Sir Richard Grahme John Ashton and Edmund Elliott with the same Bills of Exchange and the aforesaid traiterous Letters Notes Memorandums and Instructions in Writing and in your Hands Custody and
Possession then and there in and with the Ship aforesaid did sail and depart towards the aforesaid Kingdom of France in Parts beyond the Seas the same your most wicked evil and traiterous Intentions Purposes Compassings and Imaginations aforesaid to fulfil perfect and promote against the Duty of your Allegiance against the Peace of our said Lord and Lady the King and Queen that now are their Crown and Dignity and against the Form of the Statute in that Case made and provided And the Indictment further sets forth that long before the aforesaid Nine aud Twentieth day of December now last past open War between our said Lord and Lady the King and Queen and the aforesaid Lewis the French King was begun declared and waged and yet is Which said Lewis the French King and his Subjects and the men of those parts then and yet were and are Enemies to our said Lord and Lady the King and Queen that now are and to their Kingdom of England And that in the time of the aforesaid War between them our said Lord and Lady the King and Queen and the aforesaid Lewis the French King you the said Sir Richard Grahme John Ashton and Edmund Ellyott being Subjects of our said Lord and Lady the King and Queen that now are as false Traitors against our said Lord and Lady the King and Queen during the War aforesaid to wit the Nine and Twentieth day of December in the Second year of the Reign of our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes aforesaid in the County aforesaid with force and Arms c. To the aforesaid Enemies of our said Lord and Lady the King and Queen that now are unlawfully and Traiterously were adhereing and assisting and in Execution and performance of the same adhering you the said Sir Richard Grahme John Ashton and Edmund Ellyott then and there to wit the same Nine and Twentieth day of December in the Second year of the Reign of our said Lord and Lady the King and Queen that now are abovesaid at the aforesaid Parish of St. Clement Danes in the County aforesaid falsly Maliciously and Traiterously did prepare and compose and then and there did cause and procure to be prepared and composed as also into your Custody and Possession then and there unlawfully secretly and Traiterously did obtain detain conceal and keep divers traiterous Letters Notes Memorandums and Instructions in writing to shew and inform the aforesaid Lewis then and yet the French King and his Subjects then and yet Enemies of our said Lord and Lady the King and Queen that now are of and concerning the Number Force and Condition of certain Ships for and on the behalf of our said Lord and Lady the King and Queen of England then and there designed and preparing for their defence of their Kingdom of England and their Enemies aforesaid to repel and resist and how some of the same Ships were manned and of the Names of several of the Captains of the said Ships and how the Castles and Frotresses of our said Lord and Lady the King and Queen called Portsmouth Southsea and fortified and Gosport within this Kingdom of England were strengthened and how those same Castles and Fortresses into the hands and possession of the said Enemies of our said Lord and Lady the King and Queen might be taken and Seized as also of the Time Places Ways Manners and Means by which when and where the same Enemies of our said Lord and Lady the King and Queen that now are this Kingdom of England might invade and Infest and they the said Enemies and the Ships of the said Enemies of this Kingdom of England should fight against our said Lord and Lady the King and Queen and their faithful Subjects And that during the War aforesaid to wit the aforesaid Thirtieth day of December now last past you the said Sir Richard Grahme John Ashton and Edmund Ellyott at the aforesaid Parish of St. Clements Danes in the County aforesaid unlawfully and Traiterously did hire and prepare and then and there did cause and procure to be hired and prepared a certain Ship and three men you the said Sir Richard Grahme John Ashton and Edmund Ellyot with the same Traiterous Letters Notes Memorandums and Instructions in writing from this Kingdom of England unto and into France in parts beyond the Seas then and there under the Rule and Government of the aforefaid Lewis the French King then and yet an Enemy of our said Lord and Lady the King and Queen secretly during the War aforesaid to carry and transport to the intent the same Traiterous Letters Notes Memorandums and Instructions in writing there in parts beyond the Seas to the aforesaid Enemies of our said Lord and Lady the King and Queen that now are to deliver and disperse during the War aforesaid in aid of the said Enemies of our said Lord and Lady the King and Queen in the War aforesaid And that you the said Sir Richard Grahme John Ashton and Edmund Ellyott during the War aforesaid to wit the aforesaid thirtieth day of December now last past at the Parish of St. Clement Danes in the County aforesaid concerning and for the same your Treasons and traiterous Adhereings and purposes aforesaid to execute and fulfil maliciously traiterously and advisedly then and there did hire and prepare and then and there did cause and procure to be hired and prepared a certain Boat and one man to the Jurors unknown you the said Sir Richard Grahme John Ashton and Edmund Ellyott from thence to and into the Ship aforesaid by you as aforesaid hired and prepared to carry and convey And that you the said Sir Richard Grahme John Ashton and Edmund Ellyott maliciously and traiterously into the same Boat then and there did enter and your selves from thence secretly in and by the same Boat unto and into the same Ship then and there did cause and procure to be carried in prosecution of the adhereing aforesaid And you the said Sir Richard Grahme John Ashton and Edmund Ellyott then and there with the same traiterous Letters Notes Memorandums and Instructions in writing in your custody and possession being during the War aforesaid to wit the same day and year in and with the Ship aforesaid did sail and depart towards the aforesaid Kingdom of France to the intent the same traiterous Letters Notes Memorandums and Instructions in writing in parts beyond the Seas to the said Enemies of our said Lord and Lady the King and Queen that now are to deliver concerning and for Aid Intelligence and Counsel by you the said Sir Richard Grahme John Ashton and Edmund Ellyott to the same Enemies of our said Lord and Lady the King and Queen that now are to give and yeild during the War aforesaid against the Duty of your Allegiance against the peace of our said Soveraign Lord and Lady the
King and Queen that now are their Crown and Dignity and against the Form of the Statute in that case made and provided How say you Sir Richard Grahme are you guilty of this Felony and High Treason whereof you stand indicted or not guilty L. Preston My Lord I have something humbly to offer to your Lordships L. C. J. Holt. What is it your Lordship would say L. Preston My Lord I find I stand indicted by the name of Sir Richard Grahme Baronet but I do take my self to be intitled to another way of Trial as being a Peer of England by vertue of a Patent before the Vote of Abdication was made and it was in a time when all your Processes and all your Writs went in the late King's Name and all Officers acted by vertue of his Commissions My Lord This is a matter that concerns me in point of Life Estate Posterity and all that 's dear to me and therefore I desire to know whether your Lordships think fit to allow me my Peerage I offer it my Lord with all the respect and modesty imaginable L. C. J. Holt. My Lord I apprehend your Lordship to offer against your being tried here that you are a Peer L. Preston I take my self to be so my Lord. L. C. J. Holt. My Lord you must make that out to the Court. L. Preston I told your Lordships the Ground of my Claim and Apprehension it is from a Patent I received before the Vote of Abdication when all Commissions and all Process and all the Courts of Judicature run in that Name L. C. J. Holt. Where is that Patent my Lord L. Preston It is in the Hands of the House of Lords L. C. J. Holt. My Lord Preston we cannot take notice of that Patent if your Lordship plead that you were made a Peer by a Patent under the Great Seal of England you must produce it under the Great Seal that the Court may see what it is and whether it be sufficient to justifie your Plea L. Preston I hope your Lordship and this Court will enable me to do that by sending an Order to the Clerk of the House of Lords to bring the Patent hither for it is in his hands L. C. J. Holt. My Lord that is not in our power If your Lordship take your self to be a Peer and would thereby stop this Court from proceeding to try you you must be ready to make it out L. Preston I am ready to make it out if I had my Patent here that would make it out Certainly there is some Authority now in being I humbly offer it with all submission and respect that may order the Clerk of the House of Lords to attend this Court and produce this Patent L. C. J. Holt. My Lord Preston we are not to enable you to plead to the Jurisdiction of the Court. L. Preston My Lord I offer it with all respect to the Court I am concerned in it for my Life and my All and if that be overruled this I hope you will do before you go on you will hear me by my Counsel L. C. J. Holt. My Lord it is nothing that you have said for if your Lordship plead this Plea to the Jurisdiction of the Court it ought not to be received without shewing your Patent L. Preston My Lord I desire my Counsel to be heard to this matter L. C. J. Holt. I know your Lordship has had the benefit of Counsel and I know your Counsel must tell you that what you say goes for nothing unless you put in your Plea and produce your Patent that the Court may judge upon it Mr. Sol. Gen. My Lord I have observed what my Lord Preston has mentioned L. Preston Pray Mr. Sollicitor will you speak out that I may hear what you say Mr. Soll. Gen. My Lord I say I have taken notice of what your Lordship has offered It has been most truly observed by the Court that it is your Lordships part to make good your Plea and it ought not to be expected that any Court should help a Person to plead to its Jurisdiction But because it should not be pretended that an advantage was taken against the Prisoner for a defect in point of form or that any thing was insisted on which should have the least appearance of a hardship and that we may proceed in the most clear and unexceptionable manner that can be I must beg leave to observe to your Lordship and the Court how far this matter which my Lord Preston has insisted on has been debated and determined in another place L. C. J. Holt. So on Mr. Sollicitor M. Soll Gen. My Lord upon the 11 of Nov. 1689. My L. Preston did make some claim in the House of Lords that he was a Peer of the Realm the House of Lords demanding of him upon what he founded his pretence he said he claimed by Letters Patents from the late King James which passed the Great Seal before the time of the Vote of Abdication The Lords required that those Letters Patents should be produced which being done and my L. Preston insisting upon his claim to be a Peer of England the Lords thought fit that day to commit my Lord Preston to the custody of the Black Rod. The next day being the 12th of November upon solemn debate of the validity of these Letters Patents and consulting with the Judges then present the Lords nemine contradicente did adjudge and declare those Letters Patents to be void and null And by another Order of the same date they did order Mr. Attorney General to prosecute my Lord Preston in the King's Bench for a High Misdemeanor in presuming to claim Peerage by those Letters Patents And by a third it was ordered that the Letters Patents should remain in Custody of the Clerk of the Parliament Thus you see my Lord this matter hath had already a solemn determination in a Court which had the most proper Conusance and Jurisdiction of Claims in this Nature And they having pronounced their Judgment I did not think it would have been urged again in this place I thought it proper to mention these things to shew how it comes to pass that my Lord Preston has not his Letters Patents to produce and to satisfy every man that there is no hardship put upon my Lord Preston by Trying him here when he ought to be Tried by another Judicature The Lords have given Judgment against these Letters Patents and have Ordered that they shall remain in Custody of the Clerk of Parliament and my L. Preston is not a stranger to these transactions and therefore if my Lords Council had been of opinion he could have made any use of them they would have inform'd him he must have taken another course to have got them and could not expect this Court should make an Order for him contrary to the Order of the House of Lords to take the Letters Patents out of the hands of the Clerk of the Parliament
I have always known it denied L. Preston Your Lordship will give me leave to say what your Lordship must needs know much better than I there is a Statute in the 46 of Edw. 3. that doth order a Copy of any Record to any Prisoner or other Person if he demand it And it has been granted as I am informed in other Cases particularly in the Case of Colonel Sidney L. C. J. Holt. No my Lord it was denied in Colonel Sidneys Case L. Preston If I mistake I beg your Lordships pardon It is a Reason in a late Law made for the Reversal of Mr. Cornishes Attainder The Parliament do there say that it was not a legal Tryal because he had not a Copy of the Indictment and time given him to prepare for his defence L. C. J. Holt. Truly my Lord I do not know how that matter stands That Reversal of Mr. Cornishes Attainder is but a private Act of Parliament I never saw it nor heard it read nor can we take notice of it But your Lordship is to be Tryed by the same methods of Law that all Persons that have gone before you have always been it has always been the course that the Prisoner should not have a Copy of his Indictment Col. Sidney had it not and I remember in the Case of Sir Hen. Vane in the year 1662 he demanded a Copy of the Indictment and it was denyed him and it has been constantly denyed ever since in all such Cases L. Preston I humbly desire to know whether it was not granted in the Case of my Lord Russel L. C. J. Holt. No indeed my Lord my Lord Russel had it not I can take it upon me to say that for I know all the proceedings in that Cause L. C. J. Pollexfen No my Lord never any Man had it in all my experience L. C. J. Holt. Some of us that are here were of Council for my Lord Russel at that time and we did not advise him to demand a Copy of the Indictment for we knew he could not have it by Law L. Preston I am very tender of taking up your Lordships time unnecessarily but it stands me upon to do all I can to defend my self may not I have my Counsel heard to that point because if it be a point of Law though your Lordships are of Counsel for the Prisoner yet I beg that I may have my Counsel heard to argue it L. C. J. Holt. To what point would you have your Counsel heard L. Preston To that point whether I may not have a Copy of my Indictment according to the 46. of Ed. 3. that is the point I would have my Counsel heard to L. C. J. Holt. There is no such Statute as your Lordship mentions that gives the Prisoner a Copy of his Indictment Mr. Jones If your Lordship please to hear me for my L. Preston L. C. J. Holt. Nay Mr. Jones you are mistaken in this matter If my Lord himself will shew that there is any such Statute we will consider of it and if it be a matter that requires debate we may assign my Lord Counsel to argue it but till then Counsel are not to be heard My L. Preston if your Lordship can shew us that Statute pray do L. Preston My Lord I desire none if it be not so L. C. J. Holt. I have heard a discourse concerning such a Statute but I could never find it L. Preston I suppose my Sollicitor is here with it there is such a Statute my Lord. L. C. J. Pollexfen The Court over ruled it in the Case of Sir H. Vane L. C. J. Holt. And so it was I remember in another Case and in none of the Trials that have been since King Charles the Second came in was ever a Copy given that I know or heard of Mr. Soll. Gen. My Lord this Statute that my L. Preston mentions the 46 of Ed. 3. is printed at large in the Preface to my Lord Cokes 3d. Report and has been insisted upon in several Cases in the Kings Bench where the Prisoner has desired a Copy of his Indictment but a Copy has been alwayes denied and this Statute has been taken to extend only to Records which may be Evidence for the Subject L. C. J. Pollexfen 'T was alwayes ruled that it did not extent to this matter L. C. J. Holt. My Lord 't is a misconstruction of that Statute that your Lordship thinks that it gives the Prisoner a Copy of his Indictment For that Statute sayes that all persons shall be free to make use of the Publick Records and take Copies of them because oftentimes the Records are Evidences of Mens Estates and their Titles L. Preston My Lord an Indictment I suppose is a Record L. C. J. Holt. But not such a Record as is within the intent of that Statute L. Preston My Lord I am tender of taking up your Lordships time but since all that is dear to me is at stake I desire to this point I may be heard by Counsel L C. J. Pollexfen My Lord I am satisfied you have had Counsel with you I have heard a great many Does any one of them tell you that this has been done If ever an one of them will come and shew us when it haseen done you say something but I dare say none of them will or can Mr. Jones there is as like as any body but I believe he will not say it ever was done L. Preston My Lord I cannot say my Counsel has told me so but I have read such a Statute my self for it stands me upon it and I believe there is such a Statute and it will be produced before your Lordships If your Lordships will insist upon not allowing me a Copy I desire I may be heard to it by my Counsel for I take it to be a point of Law with humble submission to your Lordships L. C. J. Holt. My Lord we must not hear Counsel to debate plain points that have no manner of Question in them It has been alwayes disallowed and 't is a setled point at Law and as plain as any whatsoever that no Copy of an Indictment ought to be allowed to a Prisoner in Felony or Treason L. Preston My Lord there is a Statute that sayes it shall be allowed to all Persons to have Copies of Records as well for as against the King and certainly the Indictment is a Record and a Record of great consequence to me at this time and though my Counsel has not told me when it was done yet those that I have advised with do say that the Statute is express L. C. Baron If any doubtful words be in such a Statute yet the constant practice must expound it and since it has been so often denied nay always the law is now settled that it is not within the meaning of that Statute L. C. J. Holt. We must go in the way of our Predecessors we received the law from them and must not
it was but a still Tide and therefore I would try if I could overtake them for I thought they could not be got far there being little or no Wind so I went down to the Place where the Vessel lay and she was gone and I enquired of several Smacks that lay there but could hear nothing and I rowed as low as Limas Reach and about Black Wall and Limas Reach I came up to a Smack that I supposed was she and I cry'd out Ho the Smack and they answered me So I asked them if I did not bring a Fare a-board that Smack a while a go then they said no I told them I had brought a Fare on Board some Smack that lay about Horsleydown and Pickle-herring Stairs and they had got two Coats of mine which I had forgotten and it had a Pennant up when they went on Board but this had none so I rowed on further till I came as far as Berking Sherf and I thought there being so little Wind that none could be gone beyond me and therefore waited to see a Smack with a Pennant coming down but I could not meet with it and there I lay all Night in my Wastcoat and the next day I came back to Greenwich and as I came along I went on Board several Vessels to enquire because I took her for an Attendant upon a Man of War but I could not hear of my Clothes till last Friday was Seven-night two Watermen came and brought me the Clothes I lost L. C. J. Then you have your Clothes again Betsworth Yes I have Mr. Serj. Thompson Pray look upon that Gentleman there my Lord Preston are you sure that he was one of them that was in your Boat Betsworth I can't tell that ever I saw him in my Life before Mr. Serj. Tremayn You Pasely I ask you was my Lord Preston one of the Gentlemen the Waterman brought on Board your Smack Pasely Yes he was Mr. Serj. Tremayn Is that the Waterman Pasely Truly my Lord I can't tell but the Waterman's Coat was left on Board Mr. Serj. Tremayn Then let me ask you another Question Had you a Pennant Pasely Yes I had when I came on Board Mr. Serj. Tremayn Did you take in your Pennant Pasely Yes I did afterwards Mr. Serj. Tremayn Why did you take it in Pasely They asked me if there was a Pennant and I told them yes and they bid me take it in Mr. Serj. Tremayn Who bid you take it in Pasely Ellyot did so we took it down Mr. Serj. Thompson Will my Lord ask Betsworth any Questions L. Preston No I have nothing to say to him Mr. Serj. Tremayn What did they carry a-board with them Pasely Pasely They had nothing a-board but the Trunk and Hamper that were brought down before from Burdet's House and there was nothing brought in the Boat but only a Leather Bag. Mr. Serj. Tremayn Then set up Fisher I think his Name is John Fisher You were one of the Seamen that did belong to the Smack I think Fisher Yes I was Mr. Serj. Thompson Pray then tell us who were brought thither and what happened upon it Fisher About six Hours before they came on board us our Master came himself on Board and took me along with him but whither I was to go then I did not know He carryed me to a House in the City and there gave me a small Trunk to carry and a Hamper to a Porter and we went away with them and he bid us at Billing sgate carry them a-board which we did L. C. J. Holt. When was the Trunk and Hamper brought on board Fisher About six or seven a Clock at night on Wednesday I think L. C. J. Holt. Well and what followed Fisher My Lord and Mr. Ashton and Mr. Ellyot and my Lords man and the Master came on Board between eleven and twelve There were no more came on Board that I know of but we were asleep when they came on board and immediately our Master ordered us to hale up the Anchor Now there was but little Wind stirring and by that time we were faln down as low as half-way Tree it being still Flood we could go no farther so there we were ordered to stop and we lay by till morning and about eight in the morning we weighed Anchor again and about nine when we came to the George Man of War they hid they desired to go down into the Quarters and we laid the Hatches upon them Mr. Serj. Tremayn What kind of place is it that they hid in Fisher They could not stand upright nor sit upright but they must lie along or lean upon their Elbows So when when we were got below the Ship they came up again into the Cabbin And when we came at Gravesend near the Block House then they hid again till we were below the Block-House and then we spyed a Boat coming which made them to keep below and there they continued till Captain Billop took them Mr. Serj. Tremayn Were they all four there Fisher Yes all four Mr. Serj. Tremayn After they were taken what said they Fisher After such time as they were taken and come up to Whitehall Stairs Captain Ashton gave me a Half-Crown-piece and bid me say they were going to Flanders and not to France Mr. Serj. Tremain But whether were you going Fisher Truly I did not know where we were to go till since we came on Shoar I understood nothing till they hid and then indeed I thought we were going to France Mr. Serj. Tremayn When did any Body tell you you were to go to France Fisher Since we came on Shoar Mr. Serj. Thompson Will my Lord ask him any Questions L. Preston No. Mr. Serj. Tremayn Then the next Witness we call is one Amonds Pray tell us what you know of this Matter Amonds May it please you my Lord I know nothing concerning my Masters Business but all that I know of this Business is That they came on Board about Twelve a Clock at Night and I was then asleep in the Cabin and hearing some come on Board and my Master call I looked out and there were Three or four Centlemen and my Master and he ordered us to set sail immediately and make our way down as fast as we could there was little or no Wind so that when we came down to the half way Tree we were forced to come to an Anchor and there we rid at Anchor till it was broad day when there was a brave Gale to the Westward and by that time we got down to Long Reach about Nine a Clock we came to the George Frigat a Man of War and they understanding that desired to hide these Gentlemen L. C. J. Holt. What Gentlemen Amonds My Lord Preston Mr. Ashton and Mr. Ellyot and the other Gentleman that was with them L. C. J. Pollexfen Look upon my Lord there was he one Amonds Yes that Gentleman was one L. C. J. Holt. Well go on Amonds And so Sir after
we were passed the Frigat they came up again and did not design to go down any more till they see some other danger When we came almost to Gravesend they went down again When we were past the Block-house I was at the Helm and they were resolving to go to Dinner and bid that Man my Fellow to reach them some Victuals out of the Hamper And while he was reaching them some Victuals I see the Pinnace coming towards us sayd I here is a Pinnace coming a-board says my Lord and they we must go down again and hide and so they did go down again we apprehended that they were coming a-Board to press us and they had no mind to be seen When the Pinnace came near they waved to us in this manner as much as to bid us stay so we laid the Sail by and staid for them till they came up and when the Captain came on Board says he this is worth our coming on Board here are a couple of brisk Seamen will do the King Service I must have them I think says he I hope not so Noble Captain says he have you any thing to keep your selves clear Yes says our Master I am sorry for that says the Captain what is it says the Master I have a Protection says the Captain let us see your Protection so the Master pulls out his Protection and shews it Well says the Captain I must look a little further and away he goes into the Cabin and takes up the Hatches where these Gentlemen were says the Captain Hye hye who is here Turn out says he but I suppose they did not make so much hast as the Captain expected so he called some of his men on Board and when they came on Board my Lord came out and the rest of the Gentlemen and says my Lord to the Captain I hope you will be so kind as not to take any thing from us Says he I' ll meddle with nothing but Papers 't is Papers I look for and put his Hands in both his Pockets and pulled out Papers and put them into his own Pocket but whether they were new or old I can't tell and there was a Watch likewise but that he gave my Lord again and said I' ll meddle with nothing but Papers then he searcht Mr. Ellyot and Mr. Ashton was the last that came out and there was one of my Lords Watermen in the Cabin with him and says he an please you Noble Captain That Gentleman puts something in his Bosom Says the Captain What did you put in your Bosom Sir nothing says he but my Handkerchief L. C. J. Holt. Who said so Amonds Mr. Ashton and shews him his Handkerchief and afterwards the Captain put his Hand in Mr. Ashton's Bosom and pulled it out Mr. Serj. Thompson What did he pull out Amonds A Roul of Papers with a Piece of Lead to it Mr. Serj. Thompson Did you see the Lead fix'd to the Papers Amonds I did see it fix'd to the Packthred that tyed the Papers Mr. Serj. Tremayn What sort of Place is it in which they were taken Amonds They could not sit nor stand upright in it Mr. Serj. Tremayn Had you any money given you Amonds I had half a Crown given me by my Lord's man L. C. J. Holt. Who was it gave you the money Amonds It was my Lord's man he that was on Board the Ship he gave me half a Crown in Whitehall and said I should say we were bound for Flanders and not for France but who the half Crown came from I can't tell my Lord said nothing to me at all Mr. Serj. Tremayn Did you hear any Discourse as they came down Amond No I did not mind any thing of discourse for I never came among them unless it were at the Hour of Watching L. Preston Pray did I say any thing to you at Whitehall L. C. J. Holt. My Lord your way is to propose your Questions to the Court and they will ask them for you L. Preston My Lord I desire to ask him if I said any thing to him at Whitehall L. C. J. Holt. What say you Did my Lord Preston say any thing to you at Whitehall Amond No my Lord he never said any thing to me at all it was his man that gave me the half Crown and spoke to me L. C. J. Holt. Will your Lordship ask him any other Questions L. Preston No my Lord. L. C. J. Holt. Then call your next Witness Mr. Serj. Tremayn Swear Captain Billop Which was done Mr. Serj. Thompson Come Captain Billop Pray will you tell my Lord and Jury where you did apprehend my Lord Preston and the Circumstances of what happened at their taking Capt. Billop Sir I met with them at the upper end of the Hope Mr. Serj. Thompson Pray give us an Account from the beginning to the end what passed how you came with the Boat and all that hapned at that time Capt. Billop About Two a Clock or between One and Two upon the last of December my Lord Danby came to me at one of the Doors of the House of Lords and told me his Father would speak with me and he carried me to my Lord Linsey's Chamber where immediately my Lord President came and told me there were some Persons that were going for France about Business of dangerous Consequence and he desired me to use some means to get them apprehended I then proposed what I should have to enable me for the Undertaking My Lord Danby said there was such a Boat that he would procure for me and my Lord President gave me a Letter to another Person who was to instruct me further about this Matter My Lord Danby got the Boat ready and some Men and Arms in it but I thought there was not Arms enough so I borrow'd some Arms of my Lord Lucas and about Eleven a Clock as near as I remember we put off from Tower Wharf it being very calm I thought we should be swifter than any Vessel and should have the advantage of them all and therefore run down as far as Graves End and I brought several Vessels by the Lee in which time I pressed some Barkin men two or three of them and amongst them one that knew the Vessels that lay in the River having been on Board several and we did board divers and took out some men having a Press Warant and he that I had taken of the Barkin men after we had passed by several Vessels seeing this Vessel sailing told me that was the Thomas and Elizabeth whereupon we made up to them and waving towards them they staid for us when we came up there was standing by the Master two lusty Sailors and I told him I would take but one of them he said he had a Protection I bid him shew it me when I was come on Board and had looked upon his Protection I told him I must look a little further and I went down into the Cabin and took up the Hatches
by my Lord Marlborough and all by my Ld Sidney Ld Preston Your Lordship will please to observe this my Ld Nottingham was pleased to say he opened no Papers till I was called in and examined and then Capt. Billop withdrew Now my Lord I don't know whether the Captain can say that these were the very same Papers that he took in the Smack L. C. J. Holt. Capt. Billop says that he saw the Papers opened by my Lord Nottingham Capt. Billop My Ld Preston observes a thing that is very right my Lord that after I had delivered the Pacquet to my Ld Nottingham while my Lord was examined I withdrew but my Ld Nottingham has given your Lordship an Account that he had not opened the Pacquet then but only the small Letter or Note that lay apart from the rest But my Lord the Pacquet was in the same condition when I came in again upon the Table as when I left it my Ld Nottingham as I believe had not opened that Pacquet for I found it just as I left it upon the Table L. C. J. Pollexfen My Ld Nottingham says he delivered back to Capt. Billop all the Papers that he received from him they were never out of my Lord Nottingham's presence nor were they opened as my Lord says but in Billop's presence nor opened till after my Lord's Examination except the little Paper that was stuck in and was loose upon taking away the Lead Mr. Sol. Gen. Pray swear Mr. Bridgeman which was done Mr. Serj. Tremain Pray when you received the Bundle of Papers from my Ld Sidney to whom were they carried and to whom were they delivered Mr. Bridgman My Ld Sidney gave me these Papers to have them copied and I copied some of them with my own Hand the others I delivered to Mr. Poultney and were copied in my presence in the Office They were never out of my sight and as soon as ever they were copied I carried them back to my Ld Sidney and delivered them to him my self Ld Preston Were any of them taken from you Sir Mr. Bridgeman My Lord I say I copied some of them my self the others were copied in my sight and presence in the Office Mr. Serj. Thompson Pray Sir let me ask you one Question Were the same Papers that were delivered to you by my Ld Sidney redelivered back again and altered Mr. Bridgman I am very sure I gave them all the same back again because I read them every one before they were copied Mr. Serj. Thompson Did you observe my Ld Sidney had marked them before you had them Mr. Bridgeman Yes they were all marked before I had them Ld Preston My Lord I desire to ask Mr. Bridgeman this Question Pray Sir Were they sealed up when you sent them to my Ld Sidney Mr. Bridgeman No they were not sealed they were tied up but about the Seals I remember when I was in my Ld Sidney's Office Ld C. J. Holt. The Question is ask'd you Whether you carried them back sealed or no Mr. Bridgeman No. They were not sealed when they were delivered to me but I can safely swear they were never out of my Custody till I delivered them back again for vvhat I did not copy my self were copied in my sight Mr. S. Thompson But your Lordship is pleased to observe they were all mark'd by my Ld Sidney before they were delivered unto him Mr. Sol. Gen. Then my Lord we have done with our living Witnesses for the present and will read the Papers Mr. Bridgeman One thing my Lord I do remember as soon as my Lord Sidney received the Papers back again he looked over every one of them and read them and looked upon the Marks Ld Preston If your Lordship please I would beg the favour to ask one Question of my Ld Sidney Pray my Lord did your Lordship number the Papers Ld Sidney No my Lord I did not number them Ld Preston But your Lordship says upon your Oath and Honour that those are the very Marks upon them that your Lordship set there Mr. Sol. Gen. We are indeed to produce them and then we shall ask that particular Question Ld C. J. Holt. My Ld Sidney will see them and then he will answer your Lordship's Question Ld C. J. Pollexfen My Ld Preston my Ld Nottingham is here a Witness and his Occasions call him away have you a mind to ask him any more Questions Ld Preston No my Lord. Ld C. J. Pollexfen What say you Gentlemen have you any further occasion for my Lord Nottingham Mr. Sol. Gen. My Lord we must beg his Lordship's Patience we do not know what occasion there may be I desire this Paper may be shewn to my Ld Sidney which was done Ld Sidney That is my mark that Paper I know is one of the Papers Mr. S. Tremain Here are two of them one of these is the Copy of the other both were taken in the same Packet the one is fairer written than the other Mr. Sol. Gen. Gentlemen the Paper we are now offering to you is that which I mentioned before it is the Result of a Conference there were two of them taken in this Bundle the one of them seems to be the first Draught the other is a Copy more fairly written but I think they are both in effect the same however they were both taken in the same Pacquet and you shall hear them read Ld Preston My Lord I desire that before it be read it may be shewn to Capt. Billop to know whether it be the very Paper that he took Ld. C. J. Holt. Ay let Capt. Billop look upon it Capt. Billop My Lord I do not remember that Paper Ld Preston Your Lordship observes that Capt. Billop cannot swear that this was one of the Papers that he took Capt. Billop All the Papers that I looked into I marked and all the Papers that I mark'd I can swear to and no others Ld C. J. Pollexfen Did you look into all the Papers Capt. Billop No I did not Ld C. J. Holt. But he swears all that he brought to my Ld Nottingham were sealed up by my Ld Nottingham and carried by him from my Ld Nottingham to my Ld President and my Ld President swears he delivered them all to my Ld Sidney and my Ld Sidney swears this is one of those Papers Ld Preston Certainly my Lord 's swearing to a Paper in this manner cannot be a good Proof my Circumstances my Lord are very hard and your Lordship I have heard ought to be of Counsel for me in any Point of Law and my Lord I humbly desire to know whether this can be a Proof of a Paper that he says was taken in a Pacquet and yet he can't swear it Ld C. J. Holt. My Lord he does not swear that this was one of the Papers but the Question is Whether all these Witnesses together do not prove it You see how the Evidence runs All the Papers taken were delivered to my Ld Nottingham All that were
to know whether Captain Billop Signed that Paper or no. L. C. J. Holt No he did not sign half of them but unless it be proved you ought to take it for granted that it is not Signed by him Lord Preston My Lord I think it fit the Jury should be satisfied in any scruple they raise L. C. J. Holt They asked this Question Whether Captain Billop did sign the Paper and I told them Capt. Billop did not say so and therefore they are to take it for granted that he did not Juryman My Lord We take this last Paper that was read to be a Paper that was delivered in the Bundle taken from Mr. Ashton to my Lord Nottingham but not Signed by Capt. Billop L. C. J. Pollexfen Then you take it right Mr. Sol. Gen. Then the next Paper that we produce is a List of the English Fleet that these Gentlemen were carrying over into France Lord Preston That is printed and to be found in every Coffee-House Mr. Serj. Tremain Shew that Paper to Capt. Billop Which was done Can you take it upon your Oath Captain That that Paper was in the Pacquet that was taken in Mr. Ashtons Bosom C. Billop That Paper I have marked and that Paper I swear was in the Pacquet I took away from Mr. Ashton aboard the Smack L. C. J. Holt You are sure of it C. Billop Yes my Lord. L. C. J. Holt Then read it Clerk of the Peace Reads SHIPS Rates Ships In Repair Not Building 1 8 5 3 Â 2 12 11 1 Â 3 35 34 1 Â 4 38 34 4 4 5 14 14 Â 1 6 9 9 Â Â Fireships 25 25 Â 8 Bomb. Vessels 1 1 Â Â Ketches 1 1 Â 8 Â 143 134 9 21 Brought in by Admiral Russel to the House of Commons Decemb. 24th 90. the Fleet whereof 60 Dutch Memorandum The new Ships Building are Expected will be ready to be lanched by the end of March. Mr. Serj. Tremani Pray shew this Paper to Capt. Billop Which was done Pray was that Paper there among the others that were taken with these Gent. Capt. Billop Yes it was Mr. Sol. Gen. Can you take it upon your Oath that that Paper was in the Pacquet that was in Mr. Ashton's Bosom Capt. Billop Yes my Lord I can Mr. Serj. Tremani Pray shew him that Paper too Which was done Mr. Sol. Gen. And can you take upon you to say That that was one of the Papers in the Pacquet C. Billop Yes it was Mr. Sol. Gen. My Lord We desire these may be read Clerk of the Peace Reads New-Years Eve And it is directed for Mr. Redding Sir Though the Bearer of this will do us the Justice to assure you we are as full of Duty as unfeignedly and unconcernedly yours as your self could wish yet this Gentleman has undertaken You will forgive the Presumption if I do my self the Honour to give you this fresh assurance in a few words which I hope we do by our Accounts I shall omit no Occasions not neglecting the least and making Zealous Wishes for the greatest to shew our selves such as we ought to be Sir I speak in the Plural because I write my Elder Brothers Sentiments as well as my Own and the rest of the Family though lessened in Number yet if we are not mightily out in our Accounts we are growing in Our Interest that is in yours He that delivers this will I hope intirely to your satisfaction represent us and me in particular as with all the Devotion imaginable and unchangeable Affection Yours God grant the happiest New Year Mr. Serj. Tremani Read the other Paper Cl. of Peace This is dated Dec. 31. 1690. I must not let this Bearer depart Madam without assuring you Mr. Sol. Gen. Hold Sir Don't Read that yet Here shew this Paper to Captain Billop Which was done What say you Captain Billop Is that one of the Papers taken from Mr. Ashton Capt. Billop Yes This is one that I read and marked Mr. Sol. Gen. Then Read it Cl. of Peace Reads This is Directed for Mrs. Redding As 't is impossible for me to express that Extraordinary great satisfaction it gave me this time Twelve Month when I had the Honour to receive that Mark of your Favour and Goodness under your own hand So I have lived in some pain for an Opportunity to write you my humblest acknowledgments and truest Duty from which by the Grace of God I am no more capable of swerving than of renouncing my hopes of Heaven I say this in behalf of my Elder Brother and the rest of my nearest Relations as well as for my self You may intirely depend upon us not only for a constant adherence to so well chosen a Principle but for our utmost Activity to promote your Interest which are inseparable from our own I need come to no particulars by this Bearer who can and will tell you our whole heart and I wish you could see them how sincerely they are devoted to your Service God grant you a most happy New Year and many very many and very happy Our young Master hath all our best Wishes he daily gains more Friends and we get ground of his Adversaries New-Years-Eve Mr. Sol. Gen. Now read your other Paper of the 31. Dec. 1690. Cl. of Peace Reads December 31. 1690. I must not let this Bearer depart Madam without assuring you of my best respects I have written by him to a Friend of yours but depend upon you to give my Note credit Though my Creditors were no Friends to the Match which has been so long in treaty for your Relations have been very hard upon me this last Summer yet as soon as I could go safely abroad I persued the business and do beg you to believe that no Endeavours of mine shall be wanting to perfect the Settlement You once put me in hopes of seeing you before this Christmas Your Friends are sorry for the Disappointment Pray lose no more time than is of absolute necessity The Bearer will tell you all things may be now easily sittled if the right way be taken I long to hear how your young Daughter does she will find many Friends and I hope her Portion will be well secured God send you a happy New-Year and that I may be merry with you before it be far spent and I beseech you keep me in the good Opinion of your Friend I will always make good what I promised to you It is directed for Mrs. Charlton Juryman My Lord I desire to know what that is directed to Cl. of Peace 't is Directed to Mrs. Charlton Mr. Serj. Tremani Shew Capt. Billop those two Papers Which was done What say you to them Captain Capt. Billop My Mark is on the outside but there is nothing written in that I believe it is taken of from the Inner Paper Lord Preston Pray my Lord is this any proof I beseech you for Gods sake to have a Regard to a Mans Life Mr. Sol. Gen. Pray
shew the Paper to my Lord Sidney Which was done Lord Sidney This was one of the Papers I received from my Lord President Mr. Sol. Gen. Then we must beg my Lord President would be pleased to look on it Which was done Lord President This was one of the Papers brought me by Capt. Billop from my Lord Nottinghams in that Bundle Lord Preston Capt. Billop does not know the Paper though his Mark be to it L. C. J. Pollexfen It is not indeed very material whether he does or no because he did not read all but I would observe that 't is sworn by my Lord Sidney that this was delivered to him by my Lord President and sworn by my Lord President that he had it in that Bundle from Capt. Billop Lord Preston But my Lord It does shew that there may be some alteration in the Papers because he having marked it and marking none but what he read he does not now own that to be the Paper Mr. Sol. Gen. Pray will your Lordship be pleased to take it as it is These are two Papers the one is only the Cover the other is the Writing Capt. Billop has only marked the Cover and not the Writing but my Lord Sidney he has marked the Paper it self as delivered him by my Lord President and my Lord President has given you an account that it is one of the Papers he received in that Bundle from Capt. Billop Lord Preston I only mark That there may be alterations made in these Papers since they were taken Mr. Serj. Tremani Pray Read it Cl. of Peace December 31. 1690. It is Directed to Mr. Jackson The Bearer can give you so full an account of all things relating to your Estate here that I need not have troubled you at this time but that I am desirous to lay hold of any Opportunity I think safe to assure you of my Service and that I will never quit your Interest whatever the rest of the Freeholders do Your Adversary has been so hard to his Neighbours that he has extremly disobliged all the old Tenents and a little matter would redeem the whole Estate if you would appear in Westminster-Hall your self the best Council have a good Opinion of your Title and will zealously pursue your Instructions I only beg you wou'd hasten them to us and that you will appear your self assoon as is possible no time should be lost and the Cause may be brought to a final hearing before the end of Easter Term if it be well sollicited I heartily wish you a happy New Year and beg you to tell Mr. Charlton that I long to know wherein I may serve him and that I will follow his Directions to the utmost while I live God keep you and yours Lord Preston Pray Sir To whom is that Letter Directed Cl. of Peace To Mr. Jackson my Lord. Mr. Serj. Tremani Pray shew that Paper to my Lord Sidney Which was done Lord Sidney This is one of the Papers I received from my Lord President Then it was shewn to my Lord President Lord President This is one of the same Papers that I received â—n the Bundle from Capt. Billop L. C. J. Holt Read it Clerk of Peace Reads 31 December The Interruption of the former Correspondency had a very ill Effect many ways but for that reason no Opportunity ought now to be lost and I hope this will prove a happy one In Trade as well as in Government Schemes must be laid for there is no living from hand to mouth any more in Commerce than in the Politicks Lay therefore your designs probably and pursue them diligently and with Vigour though it be a hazardous time yet by ventring boldly where venturing is adviseable it often returns great profit There is nothing more to be said but to give the Bearer fit and full Seasons to tell what he knows both as to Goods fit for our Market and when and where to be sent the Sea will quickly grow so troublesome that unless you dispatch what you intend for us you will loose a great opportunity of advantage I hope the account he has to give of our Negotiations here with the Merchants that deal with us especially those that have lately brought us their custom will both encourage a larger Trade and excite the utmost diligence I will say nothing of my self It shall be enough that I can live in the good Opinion of one I bear so great a reverence and affection for but for this honest Factor I must own I can hardly say enough Truth and Boldness are excellent qualities in a Servant and he has shewn both as Occasion has required him to shew them I have but one word to add and pray take it as the truest mark of unalterable respect chuse well but have to do but with a few for a multitude may give but can never keep Counsel I shall with more impatience then becomes me wait the result of this and it will be a great mark of goodness to let us have it the best and safest way Once more let not the Season spend unprofitably for a more likely one can hardly come than between this and the 1st of March. Interpret this I pray as no private Interest of my own or partial motion of any other Person It is my Sense my Duty and my Friendship which will not let me prevaricate nor suffer those I love and honour to loose so happy and pressing an occasion of advantage With the best Wishes I close up this and am c. Lord Preston Pray my Lord who is that Paper directed to L. C. J. Pollexfen This is directed to no body at all Mr. Soll. Gen. Shew that Paper to my Lord Sydney Which was done Lord Sydney This was one of the Papers I had from my Lord President Then it was shewn to the Lord President Lord President This is one of the Papers I had from Captain Billop L. C. J. Holt. Read it Clerk of the Peace Reads This is Dated December 31. but is not directed to any Body at all IT is a presumption incident to those that are any where upon the spot to think that they know better then those that are not what is fittest to be done in any Occurrence This makes me say That now is the time to make large advantages by Trading the Sea being freer then two Months past or we can hope it will be two Months hence This Gentleman is well instructed in our Markets and what the Goods are we want and when and where they should be sent It is most earnestly desired that this happy opportunity may not be lost espeally by the late Vndertakers and I would not for much they should receive the least disgust They are somewhat positive in their termes but they also say they will be good and constant Customers and I have more than once seen the mischief of over-rateing and over-staying the Market Opportunities are to be used they cannot be given by Men. The
Bearer needs nothing from me to recommend him but he is deserving in our Opinion here and many will take their measures by the usage he finds there and indeed the pressing posture of our Trading Affairs will not permit more Experiments If the several Parcels arrive not that have been promised before the 10th of March at furthest especially the Copper and Linnen of which the Bearer will be more particular I am satisfied we shall loose this Summers profit I am the more pressing because I am well assured of what I write and if ever I judged right it is upon this occasion I have said nothing of another Gentleman that takes this Opportunity to see those parts but he has shewn a zeal and a sincerity in this affair equal to most Jo. is not yet gone by a misfortune but he will follow with a good Postscript in this affair Of my self I will say nothing I hope I need not for no body without Vanity can be more sincerely and affectionately a Friend and Servant to the Company than my self I writ at large yesterday and cannot write what the hand that gives this can say and therefore will write no more but that with the greatest Respect I am c. Mr. Serj. Tremani Pray shew this Paper to my Lord Sydney Which was done Lord Sydney This is one of those Papers I received from my Lord President Then it was shewn to the Lord President Lord President This was one of the Papers in the Bundle I received from Capt. Billop L. C. J. Holt. Then read it Clerk of the Peace Reads SIR I vow to you I do not repine at having lost all for your sake which I got by your favour but it grieves me extreamly that there is not that left which can secure me from being troublesome to you for that is the thing in the World I would not be I have told my Lord my condition What I desire of you he thinks very moderate I hope you will Pray Sir be not backward in setling my little affair for I have deserved your Care Your Daughter and I must starve if this Government can make us I hope our Interests are not divided that is you have an equal tenderness at least for both If you think fit to speak what I would have you to this Bearer he will give me a just account of it You know he is obliged to be my Friend and I believe him grateful since he ventures so boldly for you He brings with him some merry Papers Adieu for I dare write no more but pray send a Messenger on purpose to me that I may know exactly what you will do and would have me do If you send upon no other business there will be no danger Pray Sir ask my Lord and he will tell you how I have been used and upon what account I believe you know it not Decem. the 29th Your Daughter is very well very tall and very pretty as I am told L. C. J. Pollexfen That is not directed to any body neither Mr. Serj. Tremani Pray then shew these Papers to my Lord Sydney and my Lord President which was done They were two L. C. J. Pollexfen These Papers my Lord Sydney swears he received from my Lord President and my Lord President swears he received them in the Bundle from Billop Mr. Serj. Thompson We pray they may be read Clerk of the Peace Dec. 31. 90. WAs my Condition more desperate and uneasie then it is I desire no greater satisfaction then to have done my Duty to so good a Master I wish it was of more use to him that is not my fault nor of those I have acted with Let it be looked into what has been foretold both as to Engl. Scot. and Irel. and see if most of it is not come to pass already and the rest will follow if not prevented I wish it may also be considered what usage we have met with from men imployed and how they have left your Business and Friends how they managed it you will know from all hands things they could not do nor durst not undertake were better undone then not done by them Men in this Place and in these Times must have some Courage as well as Sence to do any thing with People here It is not my own ill usage makes me say this but my concern for one I wish the best to in the World and will give my proofs of this upon all occasions I need not enlarge since all our Grievances are known to him that brings this For my own part I will stay here so long as I can be safe if with ne're so great trouble but it would be some Comfort to know Men when driven from hence may be so therefore the reports of Peoples usage are terrible as well as of the indiscretion of St. Germ. Family we feel the smart of it by ridiculous Letters falling daily into the hands of the Government Their Master and Mistress are little obliged by it no more then we If there is any thing Sir you do particularly command me or depend upon me for let me know it I cannot undertake much nor furnish more I have still helped every Body and paid to every thing I could and if a twelve month ago my condition was what I then represented you best know if it has been mended Vse and considering that of others makes me grow more contented and if the prospect of misery to us all was any satisfaction that is now plainly seen Pray God bless us all by restoring every Man his own and you with long Life He that gives you this hath furnisht for your use to me c. Two Hundred Pounds which I desire may be repaid Mr. Soll. Gen. Read the 'tother it is in the same hand and was enclosed in the former Clerk of the Peace Reads I only beg Madam no ill malicious Report may take any place in your Thoughts in regard to me I value your good Opinion and will endeavour to deserve it I can do little towards but wish most heartily for your Happiness I know no Interest Madam but my Masters and yours nor do I think they are to be made two If you command me any thing I will faithfully obey you as I have ever done him We all here depend upon this Bearers accounts of us and our Condition His Faith and Courage hath been enough experienced Mr. Serj. Tremani Here is another Paper shew that to C. Billop Which was done Capt. Billop This Paper I did mark and this was one that was in the Bundle L. C. J. Pillexfen What is it Brother pray open it Mr. Serj. Tremani 'T is a draught of a Cipher with an Alphabet of Names for carrying on the Correspondence Mr. Serj. Thompson Your Lordship observes these matters were designed to be carryed on under several sorts of Cants L. C. J. Holt. What says Captain Billop to that Paper Capt. Billop That was one of the Papers that I read at
in the Monk keeps and fortifies Hull King not to be on Board the Fleet Foolish Letters from St. G's taken every day in the D. Post and read in Council about June England 67 great Ships Dutch 60 commanded 36 to us 24 to act by themselves Russel in the Britania Admiral Killegrew the Blue the Duke Ashby the Royal James Delaval the Soveraign Vice-Admiral Blue Carter the Vanguard Those who shall not oppose or resist him to be pardoned Not 21 days coming in or shall not help the P. of O. 600000 l. to the States of Holland No Taxes in his Time and the K. of Fr. will require nothing Chimney-Money to be taken away not excepting Outlaws Scotland let know whether the King will come or not soon and acquaint him with the weakness of the Pr. Councel 3 Dashes or the like of F. of That 's some kind Answer Mr. East Merchant of Bristol to be kept till called for William St from Amsterdam Alexander England George Scotland Dorset Cornwallis Mountague Stamford Shrewsbury Macclesfield Monmouth Devonshire In Feb. the K. come to Scotland endeavour to unite the Episc and Presbit Parties A less sum not interfere with the Fr. K. from Highlanders Campaigns land at Leith the Scotch Army not a French one 5000 good Suedish Foot the reputation of a Protestant Ally two Months to settle Scotland a Commission given to me from Mr. P. For Fl. hinder Eng. and D. from joyning two Vessels of 150 l. price for Pensilvania for 13 or 14 Months Ormond and Brandon disobliged about the Guards To have 1200 Seamen from Denmark and Holland To save Cambell To be left at the Ship in Sheets Westminster Flanders R Scotch Ships in New-Castle Harbour to plague London The Modest Enquiry the Bishops Answer Not the Chilling of them But satisfying of Friends To tell him that to Protect Friends and so soon as Forreigners are gone he will dismiss his The Woman that was with the K. in Ireland and sent Commission to Stafford and failing not to be sent again her Friends live in Covent Garden Private Letters not Protesting Lords against the Usurper Three of Five against the Vacancy of the Crown Beauford Newcastle Thanet Sawyer Lutwich Pemberton Levintz Winnington Mountague Shore London Clergy the worst we have their Wishes and they their Oaths K. Betrayed by J. Porter Seymour said it Lord Nottingham says there will be a Peace with Fr. and the K. left out Bring Forreigners to drive out Forreigners then dismiss them leave all to a Free Parliament No Justices of Peace c. actually in Commission to be Criminal L. C. J. Holt. Well Gentlemen have you any more Evidence Mr. Serj. Tremain My Lord we shall now prove these Papers to be my Lord Preston's own Hand Pray call Mr. Warr Mr. Townesend Sir Henry Johnson and Mr. Bland Mr. Townesend sworn Mr. Serj. Thompson Pray shew Mr. Townesend that Paper Which was done Pray Sir whose Hand-writing is that Mr. Townesend I believe this to be my Lord Preston's Hand I did not see him write it L. C. J. Pollexfen Are you well acquainted with my Lord Preston's hand Mr. Townesend I have seen his Lordship's Hand sometimes L. C. J. Pollexfen How often Mr. Townesend Not very often but I have seen it sometimes Mr. Serj. Thompson Pray were you a Clark in any Office Mr. Townesend Yes I am in the Office of the great Wardrobe where I have had occasion to see his Lordship's Hand sometimes and I believe this to be his Hand Mr. Serj. Thompson Look upon the t'other two Mr. Townesend I do believe these three Papers are my L. Preston's hand Mr. Serj. Tremain Those are the three Papers that have been read last which he says are my Lord's Hand Mr. Townesend I do believe it Sir Mr. Serj. Tremain Pray look upon that Paper with the little one within it Do you know whose Hand that is Mr. Townesend I did not see it written Sir Mr. S. Tremain Do you believe you know who writ it by the Hand Mr. Townesend The latter part looks like my Lord Preston's Hand but I cannot well say any thing to the other it is written so small Mr. Serj. Tremain Then swear Mr. Bland Which was done Mr. Serj. Thompson Give him the Papers We ask you Mr. Bland Whether you were well acquainted with my Lord Preston's Hand Mr. Bland I have seen my Lord's Hand sometimes Mr. Serj. Thompson Have you looked upon those Papers Sir Mr. Bland Yes I have Mr. Serj. Thompson Pray whos 's Hand are they Mr. Bland I do believe these three Papers are my L. Preston's Hand-writing Mr. Serj. Tremain Then we pray Mr. Warr may be sworn Which was done Mr. Serj. Tremain Do you know my Lord Preston's Hand Mr. Warr. I have seen my Lord Preston write but not very often most commonly it was only his Name but I have seen him write some Letters too Mr. Serj. Tremain Pray Sir look upon those Papers whose Hand are they do you believe Mr. Warr. This Paper seems to be like my Lord 's Preston's Hand the other I cannot say much of because that which I commonly saw him write was a large fair Hand and this is a little Hand Mr. Serj. Tremain Pray Mr. Warr look upon these Seals whose Seals were they Mr. Warr. I believe the Seals to be my Lord Preston's one of them was his Seal when Secretary of State Mr. Serj. Thompson You were under him in that Office were you not Mr. Warr. Yes my Lord I was Mr. S. Tremain Now my Lord we have done with our Evidence and shall rest here till we here what my Lord Preston says to it L. C. J. Holt. My Lord Preston you have heard what has been said concerning the matter you have been Indicted for What has your Lordship to say for yourself L. C. J. Pollexfen If the Gentlemen of the Jury desire to see the Seals they may have them The Seals were shewn to the Jury Mr. Sol. Gen. My Lord we have done for the present L. C. J. Holt. Then if your Lordship please you may make your Defence L. Preston My Lord in the first place I must refer myself again to my Indictment for I find my Lord that the Treasons of which I am accused were none of them done in the County of Middlesex and they are laid to be done within this County I find nothing of that kind proved upon me to be done here for any Memorandums that they say may be in that hand I hope the Gentlemen of the Jury will consider that there was nothing followed upon any of these things that may be found in those Papers And in the next place I desire to know whether they are sufficiently proved to be mine that is whether similitude of Hands is proof or not against me in such a case I humbly offer these things to your Lordship and hope your Lordship and the Jury will consider of it L. C. J. Holt. Is this your Lordship's Defence my Lord L.
whatsoever they promised to themselves and their Desire of having it effected might perswade them to the contrary But Gentlemen the thing that I would mention about the Matter before you now is this Here are three Papers that by three several Witnesses acquainted with my Lords Hand-writing are testified as they believe to be his Hand-writing if so then there is an End of all for therein is a horrid deal of Treason conteined If these Instructions these Memorandums these Heads that were written down were my Lords and he did intend to go with these in a Voyage towards France that will be sufficient of it self if there were nothing else in the Case to maintain this Indictment But Gentlemen you have in the rest of the Papers that were taken a great Character of the Bearer that the Bearer had done great things that the Bearer could inform them fully of every thing and there should be full and intire Confidence put in the Bearer and a great many such Phrases But says my Lord I was not the Bearer it was Mr. Ashton that the Papers were found about it does not appear directly who the Bearer was and they were not found about me Now Gentlemen pray let us look a little how this Evidence stands Pray where was this Bundle found even upon the Gravel where my Lord Preston and Mr. Ashton lay there was it found and my Lord 's own Seal with it How in the Name of God came my Lord's Seals to be found with other Peoples Papers if they did belong to any body else How came they together in that place It may be he had a mind to leave his Seals behind him because they would discover his Quality But why should my Lord Preston have all this fear upon him Why should two Men go and take a Ship for themselves aâ—d two others and when they come to take Boat take in my Lord and his Man if they were not the two others that were designed and this to be done at Night in the Dark Why should my Lord be under such terrible Apprehensions as to creep into a hole so unfit for one of his Quality Why do you not hear from my Lord some good Account upon what occasion my Lord and his Man were going to France Or whether else my Lord was really going for somewhere or other it was plain he was going Gentlemen no Man goes into an Enemies Country without some Licence unless he go upon some ill Design Fear seldom is without some Guilt and there appears throughout the whole management of the Story that there was a great deal of Fear upon these Gentlemen Besides afterwards when he is taken and the Letters taken with him in the same Company you hear what endeavours there were to suppress the Truth even by my Lord 's desiring to have the Pacquet disposed of and my Lords Man gave one of the Seamen half a Crown to say they were going to Flanders not to France I suppose the Man knew how unfit it was to be known that they were going to France And my Lords two Companions spared for no Pains to get the Pacquet thrown over-board tho' all that my Lord said was what great kindness he would do him when it lay in his Power if he would dispose of the Pacquet I suppose that is very easily intelligible Gentlemen there is one thing which is mentioned in one of the particular Letters that I desire particularly to observe to you and that is all I shall say to you Here is a Letter in my hand that in divers places has somwhat remarkable it says Your Daughter and I must starve if this Government can make us That the Party did net repine at all for having lost all for your sake which your favour had bestowed And in another place this Letter doth say Your Daughter grows very tall and very pretty as I am told But that which I chiefly mention it for is it 's twice mentioned My Lord will tell you all my Condition how I have been used and I have told my Lord my Condition what I desire of you he thinks very Moderate And pray consider and remember that the first Article of my Lord's Paper that is taken to be under my Lord 's own Hand there is two thousand pound to the Lady D. Now if any body should put these together do they lack any great Interpreter for for my part I leave them to you Then in aother place towards the end of the Letter it is said Pray Sir ask my Lord how I have been used Now this Letter being thus taken and there is never a one of the rest that was a Lord do you think any of the rest was meant I must leave it to you If my Lord Preston had produced any Testimony to prove his own good Carriage and Behaviour towards the present Government it had been very much for his advantage and might have had great weight with you but when things appear only in this manner as they do now I must leave it to you Gentlemen 't is a Great Matter and of great Moment if those that Conspire against the Kingdom against the Protestant Religion and against the present Government may do it with impunity it will be worth the considering what the Consequence of that may be Your own Consciences require you to do Right and Justice on both sides and if you are satisfied he is Not Guilty you will find him so if you are satisfied that he is Guilty you will find him so L. Preston My Lord may I have the liberty to say any thing before the Jury go out L. C. J. Holt. You Lordship should have said what you had to say before It is contrary to the course of all proceedings in such cases to have any thing said to the Jury after the Court has summed up the Evidence but we will dispence with it What has your Lordship to say Lord Preston My Lord I humbly thank your Lordship I am not acacquainted with such Proceedings L. C. J. Holt. My Lord you know I permitted your Lordship to interrupt me as much as you wou'd which was never done before in any such Case L. C. J. Pollexfen It is contrary to the course of the Court But yet if you have any thing to say to the Court or the Jury for this once we permit it Lord Preston Gentlemen of the Jury L. C. J. Holt. My Lord what you have to say pray direct your self to the Court that we may hear what it is Lord Preston My Lord I only desire the Jury may be informed that I am a Protestant that I was baptized in the Religion of the Church of England and have always lived in it and hoped to dye in it My Lord 't is true things have been urged with Severity against me that are a little hard in making that which I hope will amount to but a Presumption to be a Proof as in the case of the Letters that are written in
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
that one Mrs. Pratt that had the management of the Smack which belonged to her Husband she by Burdett's means was brought to Burdett's House where met Mr. Ashton the Prisoner at the Bar and they had some Treaties about the hiring of a Ship the purpose declared by the Prisoner then was to hire a Ship to go to any part of France and he would give a considerable Reward for it he said it was for himself and Three more They did not come to any conclusion about hiring the Ship then but there was an Appointment made to have the Master of the Ship to meet with them at the Wonder Tavern in Ludgate-street and in order to that Paseley that is the Master and the Woman came there and met with Mr. Ashton but because Mr. Burdett was not there they came only to this proposal one Hundred and Fifty Pound was demanded for the Hire of this Vessel but there being no conclusion then made they thought it better to do it at Burdett's House and about a day after they came to Mr. Burdett's and then it hapned that Ellyot one of the Persons that is Indicted but not one before you came thither too and at that time it was agreed to give one Hundred Pound for the Hire of the Ship Ninety Three Guineys were deposited in Mrs Burdett's Hands and there was a Token past betwixt them by the breaking of a Sixpence one part whereof was to lye with Mr. Ashton and the other with Mrs. Burdett and whenever the Master of the Vessel brought back the broken piece of Sixpence that Mr. Ashton had then was she to pay the Money that being the sign that they had attained their Ends and were safely landed in France The next step they take is this They appoint to meet at the Seven Stars in Covent-Garden thither the Master of the Vessel and the Woman were to come and that was near the time that very day that they designed to go dowâ— and there was Mr. Ashton and Mr. Ellyot but the other Person did not appear as yet there the Sea-men were Ordered to go along with them and thence they went down to the Water side to Surrey Stairs and the Waterman was called and in the mean time came my Lord Preston and his Man to them and they four did go in that Boat by the Direction of the Master and were carryed on Board his Smack After they came on Board for I would note the particular Circumstances they were very apprehensive of Danger for they knew what they went about their own Guilt gave them Reason of Fear and when they came near a Man of War which lay at Anchor in Long-Reach in the River they desired the Master to hide them that they might be safe from any Search and they were hid and put close under the Hatches for some time afterwards when they came to another place of Danger it was by the Block-Houses at Graves-end as they apprehended there they desired to be hid again and so they were put in that place where they were in very difficult Circumstances under the Hatches and there they remained till a Pinnace that had been sent to enquire after them came and Boarded this same Vessel Upon its Boarding of them the Captain made a search and found these Gentlemen My Lord Preston Mr. Ashton and Mr. Ellyot and I suppose his Man also all hid under the Hatches Then the next thing which is observable Gentlemen and the Great Matter that will shew where the Treason was is this there was a Bundle of Papers that was on Board ready prepared if they had not been surprized but could have had an Opportunity for it to have been cast Over-Board and there was Lead fixt to it to have sunk it and Mr. Ashton the Prisoner at the Bar was the Person that concealed this Bundle of Papers betwixt his Body and his Coat and from thence it was taken by the Captain that took them When they were so taken the Captain according to his Duty was bringing the Prisoners to Whitehall they desired to go on Shore at Graves-End but the Captain did not think that so fit but carryed them on Board the George Frigot and then you will hear these Gentlemen did fall into a Treaty with the Captain to suppress these Papers and one Instance I remember they did tell him that since there were a parcel of Papers that he had taken out of my Lord Preston's Pocket he might take off the Lead and fix it to those Papers and sink the others and what should he have for it they promised him great Rewards they told him he might be a Great Man he had an Opportunity of making his Fortune and when that would not do they used many Threatnings to him all which will appear in the several Circumstances that the Witnesses will tell you of I come Gentlemen in the last place to shew you That all the whole Conspiracy all this Treason did lye hid under this Bundle of Papers that were taken from Mr. Ashton and so he might very well be afraid of having them opened for there you will find a formed Design to alter this Government by a French Power and Assistance and they contain so many Particulars that in regard I would not do the King's Evidence injury on the one hand nor the Prisoner on the other I will forbear repeating the Particular Instances Gentlemen You will have all the Letters and Papers Read but in the General I must needs say you will find it manifest that there is a black and wicked Conspiracy to introduce a Foreign Power to Establish the Protestant Religion and that by a Popish Interest and to settle our Laws Liberties and Properties by a French Army And let them pretend what they will for the Protestant Religion when you hear these Papers read no body will imagine it was to any other purpose if the Plot had taken Effect but to have what Religion what Laws the French King had pleased to impose upon us If the Prisoner be Guilty Gentlemen of these Matters I know you will do your Duty but if he be not Guilty God forbid that you should find him Guilty L. Ch. J. Holt. Call your Witnesses Brother Mr. Serj. Thompson We begin with Mrs. Pratt She was Sworn Sir W. Wil. Look you Mrs. Pratt here is now another Gentlemen at the Bar to be Tryed against whom you are called as a Witness Mrs. Pratt Yes my Lord. Sir W. Wil. Pray hear what we ask you Pray do you give the Court and the Jury an account what Treaty you have had with that Gentleman about a Vessel to go to France and what was done in it Mrs. Pratt If it please you my Lord I was sent for to Mr. Burdett's House in Queen-street by Cheap-side to know whether he could have a Smack to go for France I told him yes I could help him to one he told me there were two or three Gentlemen bound for France as Merchants to
What is said now concerning Mr. Ellyot goes for nothing against him Mr. Ashton My Lord I doe it only to doe him Justice L. Ch. Just Holt. But you are to ask Questions only for your self Mr. Ashton Remember good Woman you are upon your Oath and have a care of forswearing your self my Bloud is at stake Mrs. Pratt I am sure I say nothing but the Truth Mr. Ashton Did I ever speak to you of going to France Mrs. Pratt Yes you did Mr. Ashton As I hope for Salvation I did not Mrs. Pratt And another thing you told me more if I help'd this well away you would help me to the earning of a 1000 l. before Lady-day Mr. Ashton Gentlemen as to what was said of that kind of helping her to a 1000 l. is no great matter to the thing in Hand for if I was minded to go out of the Kingdom it was necessary to use all Arguments I could to persuade her to help me to go away L. Ch. Just Holt. Mr. Ashton you must stay your time before you speak to the Jury make your Observations upon the Evidence to your self you shall be heard at large all that you can say in your proper time Mr. Ashton I do assure my self my Lord of all the favour that can be shewn to a Man in my Circumstances L. Ch. Just. Holt. You shall have all that is just I do assure you Mr. Ashton My Lord I am glad in the Circumstances I am in that I am to be tryed before your Lordship But good Woman by Virtue of the Oath that you have taken did I ever speak to you directly or indirectly of going to France Mrs. Pratt Yes and you askt for a hole to hide what you might have occasion to keep secret Mr. Ashton But I ask you about going to France did I speak to you about going to France Mrs. Pratt Yes you did Mr. Ashton Then as I hope to be sav'd I never spoke directly or indirectly of going to France to her Mrs. Pratt You were not to go for Holland nor Flanders I am sure Mr. Ashton Nay I did take it for granted that you did know before I met you that we were to go to France but I never spoke to you of it in my Life that I am sure of but I only urge this to let your Lordship know that Woman has forgotten her self L. Ch. Just Pollixfen Mr. Ashton You will have all lawfull favour but your time for arguing upon the Evidence is not come Mr. Serj. Thompson You must ask your Questions now and make your Observations afterwards you must reserve your self for that till after we have done Mr. Ashton But then my Lord I shall have too many things for my Memory to retain and therefore I beg leave as they occur to my Memory now and as the Witnesses go along to make my Observations Mr. Ser. Tremain Mrs. Pratt Pray when the Vessel was hired and you were told it was to go to France what Persons did Mr. Ashton say were to go with him Mrs. Pratt Three Persons he said were to go but he did not name them Mr. Serj. Tremain Then set up William Paseley Which was done Sir W. Williams What can you say of any for the hiring of a Vessel Paseley I did not know the Vessel was hired before I came thither Mr. Serj. Thompson Prithee tell us what thou does know Paseley The Woman came to me when I was at Billingsgate and said I must go a little way along with her and as we were going she told me it was to go to Mr. Burdett's in Queen-street and when we came there Ellyot and Ashton were not within But by that time we had been there a little while in came Mr. Ashton and presently after him Mr. Ellyot and Mr. Ashton bid the Woman give him the Money out of the place where it was Juryman My Lord we do not hear him Sir W. Williams Pray begin again and speak out Pasely I met with this Woman at Billingsgate and she told me I must go a little away along with her L. Ch. Just Holt. That Woman name her Pasely Mrs. Pratt and I went along with her and askt her where she was going she said up into Queen-street And coming to Queen-street we went to Mr. Burdett's House I was never there in my Life before When I came there Ashton nor Ellyot were either of them there after a little while in came Ashton and presently after in came Ellyot and he went up Stairs into the Bed-Chamber and being in the Bed-Chamber they brought the Money out rolled up in a half sheet of Paper set up an edge and told it out at the Window L. Ch. Just Holt. Who told it Paseley Ashton told the Money out and after the Money was told he pulled out two pieces of a Six-pence and when he had pulled out the two pieces of Six-pence he gives one half to this Mrs. Burdett and the other half he kept himself and he bid her pay this same Money when the other half Six-pence that Ashton kept came to this Woman to match that which she had and after the Money was told we stayed but a small while there and came down Stairs and when we came down Stairs we went down to Billingsgate I think John Fisher was there and we carried away with us a Trunk and a Hamper John Fisher carryed the Trunk and another Man the Hamper and after that we had carryed the things on Board I came up to the House again and after I came up to the House they directed us to go to the Seven Stars in the little Piazza there was a Note written to direct us which ordered us to go thither betwixt 10 and 11 at Night When we came there I think there was neither of them there at present but by that time we had been there a small space in they both came and sat down and a Gentleman came in and said the Cock crowed and therefore they should have no good luck And then they talkt about Papers being tossed in a Hat I dont know what and in came two Gentlemen more just before we went away to see them and after those Gentlemen had seen them they staid but a little while Says Ellyot to me Master come along with me so I went along with him and we came to Surrey Stairs and on the Corner on the left hand there was an Ale-house He called the Waterman out of the Ale-house and he bid me go before and I went down and by the time that I had gotten down the Waterman came and halled his Wherry to and I went in and by that time I was gotten to the Stern down came Ashby and Ellyot and my Lord and his Man L. C. Just Holt. You mean Ashton not Ashby Paseley Yes my Lord that is the Man And after they had got into the Wherry and were seated they bid the Waterman put off from Land and so we went through Bridge and after
we were through Bridge we got on board the Smack and they got into the Cabin and when they were got into the Cabin I called my Men and bid them hale up the Anchor and they did so it proved to be but little Wind but that Tide we got below half-way Tree and were forc'd there to drop our Anchor and stay till the next Morning the next Morning we weighed Anchor and by that time it was Nine a Clock we got to Long-Reach where lay the George Man of War and there they hid Mr. Soll. Gen. And how was the hiding pray Mr. Paseley It was down in the Quarters under the Hatches Mr. Soll. Gen. Why did they hide Paseley We reckoned they would come on Board a Pressing and they bid me show my Protection Mr. Serj. Tremain Did they desire to be hid Paseley Yes and after we came by the George Man of War they came up again and remained afterwards in the Cabin till we came almost to Gravesend a little before we came to Gravesend they all hid again and when they were hid remained hid all I think but only Ellyot I think he popt up and they were resolved to go eat their Victuals but then I told them there was a Barge a coming and so he went down again and there they remained till they were taken for the Barge was on Board presently and found them there Mr. Serj. Tremain What kind of place was it that they were hid in Paseley They could not sit nor stand upright in it but lay all along or lean'd on their Elbows L. C. Just Holt. What did they lie upon there pray Paseley There was Ballast and slit Deal a top of the Ballast Mr. Serj. Thompson Well what happened when the Captain came on board Paseley When Captain Billop came on board Master says he you have got a couple of stout young Men I must press them or to that effect I hope not so Captain said I. Why what have you to shew says he I told him I had a Protection Let me see it says he So I shew him my Protection and he looks in it Well says he Master I must look farther and went to rights to the Place where they lay and found them lying all together After they were taken and were come out Captain Billop commanded them into his Boat and commanded me and my two Men to go into the Barge afterwards he set his Man on shoar at Hungerford Stairs and when we came to Whitehall Bridge the Gate was not opened and we stayed a little while at Whitehall Bridge and when we came a shoar Ellyot gave me half a Crown and bid me say when I came upon my Examination that we were bound for Flanders and not for France Mr. Serj. Tremain Where were you bound for pray Paseley They examined me in the Chamber when they paid the Money if I knew they went to France and I told them yes very well M. S. Thompson Did they desire you to go to any particular Port in France Paseley No we were to touch at any Place we could Sir W. Williams Did they mention any thing of Flanders to you Pasely No they did not L. C. Just Holt. Did any body mention going to France to you Paseley Yes they did They askt me whether I could carry them to France safe L. C. Just Holt. Who did ask you that Paseley Ellyot or Ashton one of the two I cannot directly say which but if I be not mistaken it was Ashton Mr. Serj. Tremain When you came from Rigby's at the Seven Stars Who came away with you Paseley Ashton and Ellyot Mr. Serj. Tremain Did Ellyot and Ashton both come out with you Paseley Yes they did Mr. Serj. Tremain And did they part after they were come out Paseley Yes Ashton did go away from us presently after we were come out Mr. Serj. Thompson When you came on Board had you any Discourse with Ashton about going to France Paseley No not that I remember L. C. Just Holt. Did you go on foot from the Seven Stars Paseley Yes L. C. Just Holt. And did they part after you came out Paseley Yes they did L. C. Just Holt. And who went with you did you say Paseley Ellyot came with me L. C. Just Holt. Whither went Mr. Ashton then Paseley I cannot tell my Lord. Mr. Soll. Gen. What did he say to you when he went from you Paseley He bid me go along with Ellyot L. C. Just Holt. Was Mr. Ashton there as soon as you Paseley Not quite but by that time the Waterman had got the Boat to the shoar and I in the Stern they were all come down L. C. Just Holt. When Ashton came who came along with him Paseley I saw them all upon the Stair-head I was in the Boat when they came I never saw my Lord till he was upon the Stairs Juryman My Lord I desire to ask him What the Summ of Money was that was paid at Burdett's Pasely It was 93 Guineas and six Pence L. C. Just Holt. Who brought it Paseley It was laid down in the Window L. C. Just Holt. But I ask you who brought it Paseley I did see Ashton bring it and lay it down in the Window and he told it out and put it up again and gave it to Mrs. Burdett Juryman My Lord I desire to know what is the usual Rate to go to Flanders What may a Smack and three Men deserve Paseley Truly I cannot tell I never went upon my own account in my life L. C. Just Holt. Mrs. Pratt what say you what is the usual Rate to go to Flanders or Holland Mrs. Pratt I believe they may go for a matter of 20 l. or 30 l. L. C. Just Holt. You hear them Gentlemen what they say Juryman Yes but my Lord he says he gave them notice the Barge was a coming I desire to ask him Did he know there was a design to search him or no Paseley Sir I knew that there was a search for Seamen L. C. Just Holt. But did you know there was to be a search in order to the taking these Gentlemen on board you For that is the Question I believe the Jury wou'd ask you Pasely No I did not know it Mr. Soll. Gen. But you say these Gentlemen desired to be hid Pasely Yes Mr. Soll. Gen. And you hid them according to their desire Pasely Yes Mr. Serj. Tremain Before you went on Board had you any discourse of hiding did they ask you for a place to hide in Paseley Yes they did Mr. Serj. Tremain Who did Paseley Ashton and Ellyot both askt if there were a place in the Ship to hide them and I told them yes there was L. C. Just Pollexfen Mr. Ashton will you ask him any Questions Mr. Ashton My Lord I desire to ask him this Question Did we desire you to come and hide us or did you desire us to go down Paseley You desired this of us that if we saw any Man of
War's Boat we would tell you that you might be hid Mr. Serj. Tremain Pray repeat that over again did they desire you to give them Information when any Boat was coming that they might hide or did you desire them to hide your Self Paseley They desired it of me Mr. Serj. Thompson Then set up Charles Betsworth Mr. Serj Tremain Before Betsworth is examined I would ask Pasely one Question was there any Coat left on board you Pasely Yes there were two Coats of the Waterman's left on Board and I took them and lockt them up Mr. Serj. Tremain Is that the Man that owned the Coats Paseley Yes it is Sir Will. Williams Then Betsworth will you give an Account of what you know against the Prisoner at the Bar Betsworth I cannot tell my Lord I never saw the Gentleman in my life before that I know of Sir Will. Williams Prethee hear Friend tell what you know of carrying any Gentlemen on Board the Smack Betsworth If it please your Lordship I was going home from our Stairs about 7 or 8 a Clock in the Evening that is from Surrey-Stairs and a Gentleman called Sculler Said I to him Sir where do you go says he As far as the Tower said I. 'T is against Tide I cannot go it will be ten a Clock before it be high Water Says he will you go with us at that time Said I what will you give me Will you give me half a Crown then I 'll carry you down for I cannot stay out so late for nothing Yes says he I will give it you Then I came and brought my Boat to the Shoar he asked me then what my Name was I told him Charles Betsworth Says he will you be sure to stay till we come Yes said I if you will be sure to come and if I be not here I will be at such a House an Ale-house that was there by the sign of the Swan So I staid and carryed a Fare or two over the Water and about 11 a Clock comes a Gentleman down and calls Charles and I went out a doors down towards my Boat and there comes one Gentleman down and a kind of a Seaman as I thought and the Seaman went into the Stern and the Gentleman sate at the Back-board and there was three Gentlemen more came down the Stairs into the Boat one had a whitish Cloak and the other a loose Coat and they brought a leather Bag that would hold about a Peck so I put off with them and rowed down the River and all that I heard them say was when we came under the Temple says one of the Gentlemen when do you hear the King goes away Says another of them he goes away a Tuesday and when we got through Bridg one of the Gentlemen askt where the Vessel lay and the Man in the Stern said on Southwark side over against the Tower and when we came a little below Battle-bridge near Pickle-Herring-Stairs the Master said there lies the Vessel and it had a long Pendant and a top Sail loose so they paid me before they came on Board and when they were got a Board away rowed I and when I came to Land and take out my Sculls and things there I mist my Cloths and I rowed after them thinking they could not be got far but when I came to the place where they went on Board the Vessel was gone and I rowed down as low as Limehouse-Reach and in Black-Hall-Reach I overtook a Vessel which I thought was the Vessel I askt them who they belonged to and they said they came from Horseliedown and I made answer I brought two Fares on Board a Vessel at Pickle-Herring-Stairs and had forgot to take my Cloths that they had they made answer I brought no Fare on Board them so I rowed on farther beyond Barkinshelf and because there was no Wind I thought none could have gone beyond that Place and therefore resolved to row back again when it was Flood and I rowed up to Greenwich but could not meet with the Vessel and I heard nothing of my Cloths till last Friday was Seaven-night I had my Cloths brought me Sir Will. Williams Can you say this Gentleman Mr. Ashton the Prisoner at the Bar was one of them that you carryed on Board the Smack Betsworth No I know never a one of them Mr. Serj. Tremain But you say the Persons that you took in at Surrey-Stairs carryed away your Cloths with them Betsworth Yes Sir Mr. Serj. Tremain Then I ask you Paseley Is that one of the Persons that he brought on Board your Smack Paseley Yes he was Mr. Serj. Tremain How many came on Board the Smack Paseley Four My Lord Preston Mr. Ashton Mr. Ellyot and my Lord Preston's Man Mr. Serj. Tremain Did you take in your Pendant Paseley Yes I did Mr. Serj. Tremain When did you take it in Paseley Assoon as we weighed Anchor Mr. Serj. Tremain How came you to take it in Paseley Ellyot spoke to me to take it in L. C. Just Holt. Look you Pasely you were by when the Ship was hired Paseley Yes I was by when the Money was paid L. C. Just Holt. Did they mention how many were to go in the Smack Paseley He said they were three of them not four as I remember that were to go Sir Will. Williams Will you ask him any think Mr. Ashton Mr. Ashton No Sir But I desire the Woman may not go out of Court L. C. Just Holt. No no she shall stay M. S. Thompson Then call John Fisher and James Amonds Fisher stood up Sir Will. Williams Pray do you acquaint the Court and the Jury what you know of this matter whether you carryed any things on Board the Smack and what and who came on Board and what hapned Fisher My Lord a matter of six Hours before they came on Board my Master carryed me a Shoar and brought me to Mr. Burdett's House and gave me a Trunk and I went with it and another Man with a Hamper and brought them on Board and about 11 or 12 a Clock my Master comes and brings Mr. Ashton and the other aboard and he bid me go forward and heave up the Anchor and so I did and we went down the River but we could go but a little way because there was no Wind and when we came to Half-way-tree the Tide Turning we were forced to cast Anchor again and stay till the Morning and in the Morning we weighed Anchor again about 8 a Clock and about 9 we came into Long-reach where lay the George Man of War and then Mr. Ashton and they hid and when we came below them again they came up again till we came almost near the Block-Houses at Gravesend and there they hid again and Mr. Ashton I think came up afterwards and bid me go down to the Hamper and fetch them up some Victuals for their Dinner and I went down and fetcht up some Beef and Mr. Ashton took hold of it
they were gotten up and past Gravesend this Man was sent for Victuals for them and so he fetch'd them some Roast Beef and some other things and just as the Roast Beef was going into the Cabin said I Here comes a Barge off to press So when I cried The Barge was a coming they took the Victuals down into the Quarters and there lay they and the Victuals a top of them And when the Barge came near us the Captain waved his Hat to command us to lie by Said I We must lie by for the Barge is coming up to us And we clapp'd the Helâ—â—-a-lee and lay by and after we were laid by the Barge came on Board us Says the Captain of the Barge You have got a couple of likely good Men Master said he Ay says the Master but I hope you won't press them Says the Captain Have you got any thing to keep you clear Yes if it please you noble Captain I have got a Protection I am sorry for that says he and comes on Board for he stay'd all this time in the Barge and smiling upon him he comes on Board and says he Come let 's see your Protection And the Master shew'd it him and he read it Says the Captain I must look a little farther And he goes into the Cabin and took up the Hatches and there lay all these Gentlemen They were something longer a coming up than he would have had them so says the Captain to his Men in the Barge Come on Board and see who is here And so some of his Men did come on Board and to the best of my remembrance my Lord was the first Man that came up And when my Lord came up the Captain run his Hands into his Coat-Pockets to feel for Papers as I suppose and my Lord desired the Captain to be kind and take nothing away Says he I 'll take nothing but Papers 't is Papers I look for And he pull'd out a Watch and gave it him again After that Ellyot came out and whether he found any thing upon Mr. Ellyot or no I cannot tell Mr. Ashton was the last that came up and when he came up a Water-man of the Captain 's calls to him and says That Gentleman that came up last has put something in his Bosom but what I can't tell So the Captain took Mr. Ashton by the Arm and turn'd him about and says he What did you put in your Bosom Says Mr. Ashton Nothing but my Handkerchief and pull'd out his Handkerchief and shew'd him Then the Captain put his Hand in and pull'd out Papers with a piece of Lead tied to them And that is all that I saw Mr. S. Tremain But tell us what happen'd afterwards Amonds When that was done the Captain commanded us all into his Barge and I row'd and some of the rest row'd it being cold Weather till we came up to London After we came up to London they did not say any thing to me because I was a rowing till then It seems they did give them some Money but they gave me none not till I came into Whitehall and then my Lord's Man came to me and call'd me a one side says he Here 's Half a Crown will serve you to Night and be sure when you come to be examined that you say you were bound for Flanders and not for France and you will be taken farther care of to Morrow Mr. S. Tremain What manner of place is that Quarter-Hatches Amonds They could neither fit nor stand upright in it Mr. S. Thompson What did they lie upon Amonds There were three or four flit Deals that were laid over the Ballast but it seems they had shuffl'd 'em on the one side when they were taken for the Ballast lay open Mr. S. Tremain Did the Water-man that brought these Men on Board you leave his Coat there Amonds I did not see the Boat nor the Water-man and therefore I am not able to say any thing about it Mr. Sol. Gen. How came the Pendant to be taken down Amonds I can't tell that I was in the Skiff when it was taken down Jury-man My Lord I do not very well understand how the Papers came to be taken away from Mr. Ashton L. C. J. Holt. He tells you Mr. Ashton was seen to put his Hand with something into his Bosom and being tax'd with it he said it was his Handkerchief and the Captain put in his Hand and pull'd out a Bundle of Papers Jury-man Did he see Ashton take away the Papers from any other place Amonds No an 't please your Honour I did not see them till they were taken out of his Bosom L. C. J. Holt. Did you see Captain Billop take the Papers from out of Mr. Ashton's Coat Amonds Yes I did L. C. J. Holt. Where were they before they spy'd the Barge a coming Amonds If it please your Honour I heard 'em talk I thought they had been up but it seems there was but one of 'em up when they said The Barge was coming a-board I was at the Helm and heard 'em talk L. C. J. Holt. Then you knew nothing of these Papers but when you saw 'em taken out of Ashton's Bosom Amonds No my Lord. Sir Wi. Williams If you will ask him any thing Mr. Ashton now you may Mr. Ashton Pray Friend Had not I been up first and search'd before the Papers were taken Amonds Not as I know of Mr. Ashton Did not I go down into the Hold to take my Hat and call to you and desired that I might go down for my Hat Amonds I can't tell for when I saw the Papers taken from you I was in the Stern I was not down Mr. Ashton Had not I been search'd first Amonds Not that I know of till you were in the Stern Mr. S. Thompson Then swear Captain Billop Which was done he standing up by the Sheriff Mr. S. Tremain Captain I suppose you may be heard from that place Mr. Ashton My Lord I desire the Witness may come down else I shall not be able to distinguish what he says It is the proper place for him I think L. C. J. Holt. Let him come down Mr. Ashton I humbly desire my Lord that the Witnesses may all be obliged to stay in Court L. C. J. Holt. Let them all stay Sir Wi. Williams You are sworn Sir Are you not Capt. Billop Yes I am Sir Wi. Williams Then pray will you give an Account where you took these Persons how you took 'em what you found and how you disposed of it Capt. Billop Must I begin from the Beginning Sir Wi. Williams Yes Tell your whole Knowledge in Order of Time as it fell out Capt. Billop What from the Time I went out Mr. S. Thompson Make it as short as you can Sir Wi. Williams Yes you must tell all for you speak now to a new Jury and here is another Prisoner at the Bar to be tried C. Billop The last of December about Two-a-Clock or between
One and Two my Lord of Danby came to me at one of the Doors of the House of Lords and told me his Father must speak with me and he carry'd me up to my Lord Linsey's Chamber and in a little time my Lord President came there and told me he heard there were divers Persons that had Papers of dangerous Consequence and were going to France and desired me to use my Skill for my seizing and securing of the Papers I began then to talk of what was proper for such an Undertaking and I told my Lord I thought the best way was to go to Woolwich or Depâ—ford and to take a Man of War's Pinnace with us Upon that my Lord of Danby being by said he knew of a Boat that he could have which was my Lord Duke of Grafton's and my Lady Dutchess had lent it him and he would go and get it ready Upon this my Lord President said he would give me a Note of the Name of the Vessel and where she went out and likewise a Letter to another Person that would instruct me farther and shew me the Vessel accordingly my Lord President gave me the Letter and I went away to look for the Person but could not find him My Lord Danby came to Tower-Wharf himself with the Boat and I left a Man there to bring me word when the Boat came up at the Place where I was and Captain Stringer and Sir Thomas Taylor came there to me After my Lord of Danby had told me what I had in the Boat I told him I thought there were not Arms enough and therefore it were best to go to the Tower to borrow some Arms from thence When we came to the Tower my Lord Lucas was not come in and when I had staid a little time he did come in And when I had acquainted him with my business he sent for an Officer of the Guard and there we borrowed some Arms a Blunderbuss of his and a Carbine and the like and about Eleven-a-Clock or somewhat past we put off from Tower-Wharf It was calm and we rowed down towards Gravesend and we went aboard a Vessel or two but was not willing to lose much time because I was resolved to take them before they were gotten too far So we rowed away for Gravesend where I refresh'd my Men and afterwards went down into the Hope and I did judge that no Vessel that could come from London that Tide could be a-head of me I went on board several Vessels that lay in the River in order unto the pressing of Men and I went on board all sorts of Vessels because I would give no Suspicion of what I was about and having been on board of several I pressed two or three Barkin Men and one particularly that knew all the Vessels upon the River and I made him to row very near to me that I might talk to him I had got the Names of a great many Smacks and gave it out that I would press a Smack to carry for a Tender to my Ship when the Fleet went out and naming this Smack that I was to go to search I told him I heard such a Smack sailed well and I had Thoughts of pressing her he told me She was old but said I She will serve a Summer well enough and that is it I intend to press if I can find her Says he I 'll shew you her I know her when I see her so we went on board several Vessels as we went along And as we were rowing along before we came to the Nest Point by Tilbury Fort we saw several Smacks coming down the River and when we came about the Point the headmost Smack of all the Fellow lookt out and said Yonder is the Thomas and Elizabeth Then I called to one of my Men to wave and bring them to lie by which they did and they lay by till I came on board When I came on board I saw two lusty Men stand by the Master said I Master you have got two good lusty Fellows that would serve the King but I 'll be kind and civil to you I 'll take but one Says the Master I hope not so for I have a Protection and with that I came on board and took his Protection in my Hand and read it As soon as I had read it I ask'd him if he had no more Men upon Deck than what I saw He said No then said I I must look a little farther And I went into the Quarters and took up the Scuttle and the Hatches and I saw some Gentlemen lie Oh said I What a pretty Posture is this Where are we a going Gentlemen you must turn out The first that came to hand was my Lord Preston but I did not know him then nor some time after I was in the Boat with him So I took hold of him and help'd him up and when he was up said I Sir I must search you Says he I hope you will take nothing from me Nothing said I but Papers So I search'd all his Pockets and as I found any Papers I put them into my own Coat-pocket And I took his Watch and pull'd it out and gave it him again After that I had search'd him came up Mr Ellyot the first Man and the next was Mr. Ashton who crouded up while Ellyot came up in his Night-Cap I think Mr. Ashton you had your Night-Cap on So Mr. Ashton goes down again and puts on a Periwig I think but coming up again one of my Sea-men sees him take something and put it into his Bosom He follows Mr. Ashton quick and pulls me by the Coat and says he That Gentleman has got something in his Bosom So I took hold of him and turned him round said I Mr. Ashton what have you got in your Bosom Nothing says he but a Handkercheif and immediately he put his Hand into his Bosom and pluck'd out the Handkercheif and shew'd me As soon as he had pulled out the Handkercheif I put my Hand into his Bosom and there I met with the Pacquet that had the Lead affixed to 't and pulling it out I clapp'd it into my own Pocket for I thought that was the Matter of Moment that I was to secure So I ordered them to go into the Boat and the Master of the Vessel to let go his Anchor and two Men I left in the Vessel whom I ordered to search and to secure what they found till farther Order and I left two Musquets with them And after we were in the Boat they desired to have somethings handed in which I gave Order for a Hamper and a Night-bag and away we put off from the Vessel and rowed up it was against Tide and very cold Weather In a little time Mr. Ellyot called one of the Gentlemen My Lord then I whispered him and ask'd him who that Lord was and he told me It was my Lord Preston Then I saluted my Lord and my Lord was pleased to say
he was very well satisfied they were fallen into the Hands of a Civil Gentleman So rowing up against Tide and it being a Westerly Wind which blow'd very fresh My Lord desired that I would let them stop at Gravesend till the Tide turned that they might refresh themselves I begged his Pardon and said there was a Ship in Long Reach the George-Frigot and we would stop there and I did not doubt but I would command the great Cabin for his Accommodation and there he might have any thing that he wanted My Lord seemed contented with it but before we came on Board the Man of War there happened a great deal of Discourse betwixt us of several things Sir Wi. Williams Pray repeat it as well as you can remember what Discourse happened Capt. Billop Truly my Lord Preston being cold and the Hamper standing by says he Captain Billop we have not eaten we will eat if you will and there was a piece of Bief at the top of the Hamper and Bottles of Wine and I opened the Hamper sitting fairest for it and handed out the Beef the Bread and the Bottles and after we had eaten what we would my Lord ordered the rest to be given to the Men that were the Boats Crew and after we had done this and taken out a Bottle or two and shut up the Hamper again my Lord Preston drank to me once or twice and seem'd very well satisfy'd and pleas'd with his Usage He told me he was sensible of my Civilities and if ever it lay in his Power he would not forget me So we drank again and talk'd again but before we came to the Ship My Lord Preston told me that if ever it lay in his Power he would be sure to make an acknowledgment of the Civility I had shew'd him And to the best of my Memory he had this Expression If there ever was any thing he could serve me in he would do it with all his Heart if I would but dispose of the Packet Mr. S. Thompson What would Mr. Ashton have had you done What did he say to you Capt. Billop Mr. Ashton said it would do me no good to injure so many Gentlemen and desired me that I would throw the Packet over-board Mr. S. Tremain What did he mean by so many Gentlemen Capt. Billop My Lord I cannot tell but that was his Expression Mr. S. Tremain Who desired you to throw the Packet over-board Capt. Billop Mr. Ashton did several times Mr. S. Tremain What did he say to you What Arguments did he use Capt. Billop My Lord it was so many times over and so much mixture of Discourse we had that I am not able to tell the Particulars L. C. J. Holt. But what Arguments did he use Capt. Billop I don't know that he used any more great Arguments more than what I have told you already L. C. J. Holt. Say that again that you said before Capt. Billop He said 't would do me no good to injure so many Gentlemen Prethee Captain Billop says he throw it over-board Mr. S. Tremain What did he say farther Capt. Billop I 'll tell you if you 'll give me leave Mr. Ashton did say a little after this with a great deal of Insinuation Captain Billop What if you should turn about and go along with us No Mr. Ashton said I that I cannot do Says Mr. Ellyot Prethee throw the Packet over-board This they did as we came up the River and 't is the most that I can remember till we came on board the George and when we came on board the George Ellyot called me into the Steerage and desired me of all Love that I would dispose of the Packet And he said that now I had an Opportunity to make my self as rich and as great as I would and no body could see it if I did throw it away While I was in the Ship Mr. Ashton my Lord and Mr. Ellyot were with me in the Steerage Said I I shall be taken notice of to be whispering pray forbear Ashton then spoke to me again to desire me to throw the Packet over board by this time the Victuals was handed in and there we eat and drank and my Lord smoked a Pipe of Tobacco before the Tide turned and when the Tide made we went into the Boat again and rowed up towards London and they were using these sorts of Arguments over and over again And once Mr. Ellyot I think 't was to the best of my remembrance told me Now you have it in your Power to make your Fortune and may be as great a Man and as rich a Man as you can desire And Mr. Ashton said some Words something to the same purpose Prethee said he throw it over-board What Good will it do you So I refusing of it as I did many times Mr. Ellyot told me that I might take the Letters that were taken in my Lord Preston's Pocket and tye the Lead to them and throw the Packet over-board No said I Mr. Ellyot Sure you would take the King's Council to be a very odd sort of Men that they cannot find out such a thing as this Prethee dear Billop said he throw it over-board Many times whispering me in the Ear and so did Mr. Ashton many times saying You may do us a great Kindness in it And we drank and had several Intermissions and they at me again and I denied them and they desisted and then they at it again And Mr. Ellyot then told me Prethee dear Billop throw it over-board Said I Mr. Ellyot If I should be so great a Villain to do such a thing if ever it was your Day would you trust me again Put it to be your own Case Says he You have Gentlemen to deal withal But said I I will never put it into your Power Mr. Ellyot seem'd to be angry at this and said Every Dog had his Day Said I I hope never to see it your day But I pray forbear this Discourse let me beg that of you for I do not desire to be provoked to use you otherwise than a Gentleman And after that they never urged me more to throw the Packet over-board But Mr. Ellyot was angry and very much disturbed and wished a Thunderbolt might strike the Boat and sink it So I brought them up through London-Bridge and they said no more about the Packet but Ellyot wished that London-Bridge might have fallen on our Heads At length I brought them to Whitehall and I put my Man a-shore at Hungerford-stairs that he might get before and give the Porter notice at Whitehall-Bridge that he might open the Gate I brought my Lord Preston and the rest to the Bridge and while I was arming my Men to guard them up to my Lord Nottingham's Office I suppose they then took the Opportunity to give the Men Money getting near to them I know nothing of that But I carried them up to my Lord Nottingham's and there I delivered them and the Packet to my
Lord. After some time the Packet lay upon the Table and my Lord Nottingham sends me for my Lord Preston When my Lord Preston came in I withdrew without bidding and the Packet lay upon the Table unopen'd And when my Lord Preston came out I went in on my self and the Packet lay in the same Place and Posture and not open'd And I stay'd while Mr. Ashton was call'd in and my Lord Nottingham ask'd him a great many Questions Mr. Ashton Pray repeat those Questions Captain Billop and what Answers I made Capt. Billop Truly my Memory does not serve me to remember all of them and I was in a very uneasie Condition at that time and would much rather have been in my Bed than any where else For the Night before I went down I had a Plaster of Spanish Flies â—ut to my Back and they had raised a great Blister and it had not been dressed so long that the Napkin that was applied stuck so to it that the Flesh was jagged and I was in a great deal of Pain so that I did not mind so much as I should have done at another time what was said Mr. Ashton But pray Captain remember as much as you can what pass'd Capt. Billop But I 'll tell you what I remember I remember my Lord Nottingham asked who I took the Packet from And you owned I took it from you Sir Wi. Williams Pray Mr. Ashton give us leave to have done with him and then you shall ask him what you please Pray go on Captain Billop Capt. Billop Then my Lord Nottingham sent for Mr. Ellyot in and ask'd him whither he was going And he said For Flanders My Lord asked him what he was going there for He said He was going to seek his Bread he was turned out of all at home and he had rather go abroad to seek his Bread than stay at home to starve Mr. S. Tremain Was this the Lead that you took fix'd to the Packet Capt. Billop Yes Sir that is the Lead Mr. S. Tremain Did you take that Lead with the Packet out of Mr. Ashton's Bosom Capt. Billop This was tied fast to the Packet that was taken out of Mr. Ashton's Bosom These honest Men saw me take it Sir Wi. Williams Now if you have a mind to ask him any Questions you may Mr. Ashton Pray Captain Billop Did not you search me before you took the Packet upon me Capt. Billop No not that I remember Mr. Ashton Had not you taken some other Papers from me before Capt. Billop No Sir I took none from you but the Packet Mr. Ashton Pray recollect your self for perhaps my Life may turn upon it You are as much a Witness for me as for the King you are to swear the Truth and the whole Truth Capt. Billop And I will do you all the Justice I can I will assure you L. C. J. Holt. Answer his Question Captain Billop Mr. Ashton Was not I the first Man that spoke to you after we came up Capt. Billop No Mr. Ellyot was the first Man that spoke to me that I knew Mr. Ashton Did not I ask you to give me leave to go down for my Hat Capt. Billop Truly I don't remember that Mr. Ashton Did not you reply That the Man should go down and fetch my Hat Capt. Billop 'T is likely I might but I don't remember it Mr. Ashton Had not you search'd me then and taken Papers from me Capt. Billop No Mr. Ashton for upon the Oath that I have taken I took no Papers that I remember but the Papers that I took out of my Lord Preston's Pocket and the Packet that I took out of your Bosom for my Lord Nottingham ask'd me if that Packet was all the Letters I took I told him No and shew'd him the Papers I took out of my Lord Preston's Pocket and they prov'd to be of no Consequence and my Lord Nottingham gave them me again and I carried them to my Lord Preston Mr. Ashton Did not I go down into the Hole for my Hat Capt. Billop I believe you might Mr. Ashton And was it not after that that you took the Papers out of my Breast Capt. Billop Yes I believe it was Mr. Ashton Where is your Man that call'd to you and said I put something in my Breast Capt. Billop Here he is by me if you would ask him any thing Mr. Ashton You say I spoke to you about disposing of these Papers Pray from the Time that we came into your Boat before we came on Board the George Man of War did I speak to you Capt. Billop Yes of the Packet you did You said What Good would it do me to injure so many Gentlemen Mr. Ashton There pass'd no more than general Discourse before we came on Board Capt. Billop Yes Mr. Ashton I 'll tell you another thing you put me in mind of When you saw that though you were so eager with me nothing would prevail you said I know Captain Billop and have known him many Years and nothing will prevail on him if he have no mind to it And I know if he will serve us he will serve us generously and like a Gentleman Sir Wi. Williams Speak that again Capt. Billop He said I know Captain Billop if he will serve us he will do it generously and like a Gentleman L. C. J. Holt. Who said so Capt. Billop Mr. Ashton Mr. Ashton Did I speak to you to dispose of the Papers after we came from on Board the Ship I suppose you remember it was cold and the Tilt was call'd for to be lay'd over us and I fell asleep and you know I never wak'd nor spoke till I came to London-Bridge Capt. Billop Yes yes we had the Tilt over us L. C. J. Holt. Pray speak your Questions out that we may hear 'em Mr. Ashton Capt. Billop Mr. Ashton did go to sleep a great while but he had many times urg'd me and spoke to me to throw the Papers over-board L. C. J. Holt. Who was it that told you Every Dog had his Day Capt. Billop That was Ellyot Sir Wi. Williams Was there any Discourse about Turning of the Tide Capt. Billop Mr. Ellyot said You have now an Opportunity to make your own Fortune and you may be as great and as rich as you please for 't is impossible the Tide can run long this way Mr. Serj. Tremain Did Mr. Ashton say any thing about going along with them Capt. Billop Yes You may remember Mr. Ashton that you said Come go along with us you may do as well there or better than you do here Mr. S. Tremain Did he tell you where you were to go with ' em Capt. Billop No Sir nor I did not ask him the Question Mr. Ashton Pray When did you give my Lord Nottingham these Papers Capt. Billop Do you mean that Bundle that I took out of your Bosom Mr. Ashton Yes Capt. Billop As soon as ever I follow'd my Lord Nottingham into his Room
I pull'd 'em out and gave 'em him Mr. Ashton Did not you go out of my Lord Nottingham's Room and give my Lord Nottingham some loose Papers Capt. Billop Yes Mr. Ashton After this Was not my Lord Preston call'd in to be examin'd Capt. Billop Yes Mr. Ashton How long was my Lord Preston in the Room while you were out Capt. Billop I can't tell very well Mr. Ashton Pray Sir answer that Question Capt. Billop I believe it might be half a quarter of an Hour I do not think it was much more Mr. Ashton I believe you must remember some sort of Discourse that was betwixt you and Captain Ellyot even to a Quarrel almost And did you not speak to my Lord Nottingham's Servants to fetch your Hat out of my Lord Nottingham's Room Capt. Billop Yes I do remember that Mr. Ashton This must be a good considerable Time It was all the Time that my Lord Preston was within with my Lord Nottingham that you were out Capt. Billop Yes it was Mr. Ashton And all that while was not the Bundle of Papers out of your sight Capt. Billop It lay upon the Table Mr. Ashton Pray answer my Question Was it not out of your sight Capt. Billop Yes it was L. C. J. Holt. Yes yes it must be for he was out of the Room Mr. S. Tremain When you came into the Room did you find the Papers in the same Condition Capt. Billop Yes they were unopen'd except that my Lord had taken off the Lead and a little Paper fell loose from the rest Mr. Ashton Pray take notice of that Gentlemen L. C. J. Holt. But pray don't infer more from thence than it will bear Mr. Ashton It seems some of the Papers were taken out L. C. J. Holt. He does not say any such Thing that some of the Papers were taken out Mr. Ashton He says Something was cut and some Papers fell out C. Billop There was a little Paper or two tyed to the great Pacquet L. C. J. Holt. What became of them C. Billop They we cut loose but not opened Mr. Ashton How can you tell they were not opened C. Billop Because I stood by when they were cut Mr. Ashton But how can you tell that for you see the little Papers taken and they were loose from the others C. Billop They were taken from the great Bundle before I went out Mr. Ashton Had not my Lord opened those Papers before you came in C. Billop No. Mr. Ashton How can you tell that C. Billop I tell you as near as I can judge they lay in the same Posture that I left them in Mr. Ashton Was the Pacquet sealed when you took it C. Billop No but it was tyed There were several Letters in it that were sealed it was tyed up very hard Mr. Ashton I do not Question but my Lord Nottingham will do me the Justice to say how long he was in the Room L. C. J. Holt. You must not Comment nor make your Observations till your proper time Jury-man Pray my Lord I desire he may be asked who was with my Lord Nottingham when my Lord Preston was there C. Billop There was no Body else then Jury-man Then 't is not probable they were altered before Capt. Billop came in Mr. Ashton But I hope Probabilities shall not be Evidence to condemn any Man Jury-man Those Two little Papers you speak of were they severed from the Pacquet C. Billop I cannot tell whether they were or no they seemed loose upon untying the Bundle L. C. J. Holt. Were they cut in your presence C. Billop Indeed my Lord I cannot say that I did see them cut Mr. Ashton Pray take notice of that Gentlemen of the Jury L. C. J. Holt. They are Twelve honest Gentlemen they will do you right L. C. J. Pollexfen Observe what the Witness says he says That he does not remember that they were cut in his presence but he does not say they were not Mr. Ashton If he does not swear they were it is reasonable to conclude they were not cut in his presence L. C. J. Holt. He says the great Pacquet was not opened the Two little Papers were loose from the rest of the great Bundle C. Billop There might be Two or Three of them less or more I cannot tell Mr. S. Thompson You will be further satisfied in this Matter upon my Lord Nottingham's Evidence I suppose Mr. S. Tremain We have done with Capt. Billop for the present Pray call Johnson Who was Sworn Sir W. Williams Were you at the taking of that Gentleman and the others in the Smack Johnson Yes I was Sir W. Will. Then pray give an Account of the Matter how it was Johnson We went down in a Pleasure Boat and went to the Tower went set through Bridge against Tyde my Lord of Danby was with us and when we came to Tower Wharf there they went to the Tower for Arms and we stayed till Ebbing Water and Rowed to Graves-end and when we came to Graves-end we went on Board several Ships and I thought we were going a Pressing and we stayed at Graves-end the time of the writing of a Letter and then we went both into the Boat again and Rowed after a Smack that had gained of us but that not being the Smack we turned back again and then it was high Water And when we came to the upper end of the Hope we saw several Smacks coming and there was a Fisher-man on Board that said that was the Smack the Captain enquired after that was coming down there and when they came on Board the Captain said there were two or three brave Men and he hoped he could spare one of them and the Master said he hoped he would take none of them because they had a Protection which he shewed to the Captain Then the Captain went in and bid me take some small Arms and go on Board with him and told the Master he must look a little further and the Boards were taken up and I saw a great piece of roast Beef and under that my Lord Preston and Mr. Ellyot and this Gentleman Mr. Ashton My Lord Preston came up first and Mr. Ellyot next to him and I see this Gentleman take up something and put it into his Bosom and I told the Captain of it and he asked him what it was and he said nothing but his Handkerchief and plucked out the Handkerchief but the Captain put his Hand into the Bosom and pulled out something else L. C. J. Holt. What was it Johnson It was a parcel of Papers tied up with a piece of Lead tied to it for I came up close after him and see him take it up Sir W. Will. What else were there found with the Papers was not there some Seals Johnson That was afterwards but when the Captain asked him what he had gotten in his Bosom he pulled out his Handkerchief and said nothing but his Handkerchief but the Captain took the other Papers out of his
Bosom and so I went down and there were the Two Seals and I took them up and when I came up Ellyot had a pair of Black Whiskers on and he borrowed a pair of Scissers and cut them off and said he should remember me again if ever he lived he should know me by my Tooth being out And coming up into Long-reach Ellyot was a cold and got to the Oar and Rowed and said you row as if you were Rowing to Prison and he wished that a Thunder Bolt might drop into the Boat and that London-bridge might drop down upon his Head And when we came up to Whitehall I stood a Guard over them Jury-man Did you see Captain Billop take the Pacquet of Letters from that Gentleman's Breast Johnson Yes I did Jury-man Did you belong to Captain Billop Johnson Yes I was one of the Boats Crew Mr. Ashton Had not I been up and searched before Johnson Yes I think you had been up before Mr. Ashton And then you saw me take up the Pacquet off from the Ballast Johnson Yes I saw you take it out of the Ballast and put it into your Bosom Mr. Ashton Gentlemen I hope you will be pleased to take notice of that L. C. J. Holt. No doubt of it they will Mr. Ashton Did not that bundle of Papers that was taken out of my Breast did not they lie near to the place where the Seals lay Johnson Yes it lay just by them Mr. S. Thompson Pray set up Capt. Billop again Which was done When you brought these Papers to Whitehall Capt. Billop who did you deliver them to C. Billop To my Lord Nottingham Mr. S. Thompson After he received them what did he with them C. Billop After he had examined all these Gentlemen he went to opening of the Papers and he desired me to stay in the Room till they were opened which I did and my Lord upon looking on some of the Papers said if this Pacquet had gone we had quickly been visited by the French With that I took them up and lookt into them My Lord said I might look into as many of the Papers as I pleased but I was very Uneasy and full of Pain and had more mind to be gone and be a Bed than a looking into Papers but several of the Papers I did look into and several I put my Mark upon and the next at the Council what of them I did know I did put my Mark upon Mr. S. Thompson After my Lord Nottingham had perused them what did he do with them C. Billop My Lord put them up in a Cover and tyed them with a Piece of Twine and put his Seal upon them and gave them me and desired me to carry them to my Lord President which I immediately did and without stopping carried them to my Lord President Mr. Ashton When was this Sir Was it that very Night that we were brought to Whitehall C. Billop Yes Mr. S. Tremain Then we must desire my Lord Nottingham to be Sworn The Earl of Nottingham Sworn Mr. S. Thompson Will your Lordship please to give the Court an Account how these Papers came to your Lordship and how your Lordship disposed of them E. of Nott. Capt. Billop came to my Office Mr. Ashton I humbly desire your Lordship would please to speak louder for I cannot hear your Lordship and I fear the Jury cannot E. of Nott. I speak as loud as ever I can but I have a great Cold. L. C. J. Holt. You may hear my Lord very well if the Court be but silent L. Nott. Capt. Billop brought to me a Pacquet tyed about with a Packthread to which there was a Piece of a Leaden Pipe fixed in which Pacquet there was stuck in another Paper I think there was but that one besides the Cover but what it was particularly I do not remember this Pacquet was laid upon the Table while he was by and I called in my Lord Preston not being willing to make him stay and after I had some Discourse with my Lord to examine him what Account he could give of these Proceedings then I called in your self Mr. Ashton and Capt. Billop was by also but the Pacquet so tyed with the Packthread I cut open in Billop's presence with a Pair of Scissers the same Papers that were in that Pacquet together with the little Paper that was stuck in I tyed up I am sure I sealed them in a Sheet of Paper and gave them back again to Capt. Billop to carry them to my Lord President Sir W. Will. Capt. Billop you have already declared that all you received from my Lord Notingham you carried to my Lord President C. Billop All the Papers that I received from my Lord Nottingham just as I received them sealed with my Lord's Seal I went directly to my Lord Presidents and gave them him Sir W. Will. Pray my Lord did your Lordship deliver to Capt. Billop all the Papers that you received from him E. of Nott. My Lord all the Papers that Capt. Billop brought to me that were in the Pacquet for he brought some Letters that he took out of my Lord Preston's Pocket that were of no Consequence but all the Papers that were in the Pacquet I delivered back to Capt. Billop Sealed as I received from him and no more and no others for the other Letters they being from my Lord Preston's Children and not relating to the Publick I gave them to him to give my Lord Preston again Mr. Ashton My Lord I humbly beseech your Lordship to tell the Court how long my Lord Preston was with your Lordship in the Room E. of Nott. Truly I am not able to tell you particularly how long it was I believe it might be about a quarter of an Hour or scarce so much Jury-man Was there no body with your Lordship when Capt. Billop was out but only my Lord Preston E. of Nott. No not that I know of Mr. Ashton My Lord I have one Favour more to beg of your Lordship I humbly pray your Lordship will please to tell the Court and Jury what Answer I gave to your Lordship when you asked me how I came by those Papers E. of Nott. As near as I remember the Account that you gave of them was That you went down again after you were come up as you said to fetch your Hat and that when you did go down into the little Hole to fetch your Hat you brought up these Papers with you Mr. Ashton My Lord this was the Account I did give Now this very well corresponds with that Man's Evidence that says he saw me take up the Papers and put them into my Breast L. C. J. Holt. He does say so and this does all very well agree Mr. Soll. Gen. Now we desire my Lord President would please to be Sworn The Lord President Sworn Mr. S. Thompson Pray my Lord will your Lordship please to declare to the Court what Papers Capt. Billop brought to your Lordship and how
your Lordship disposed of them L. Pres Capt. Billop did bring me a Pacquet tied with a Packthread and that was sealed with my Lord Nottingham's Seal I knew it to be his Seal and he told me that my Lord Nottingham commanded him to bring that Pacquet to me I opened the Pacquet and perused all the Papers it was very late and I locked them up till Morning and I then carried those very Papers to the King and in the King's Closet at Kensington the King read some of them and in my sight for I never parted from the King but was by all the while The King put up all the Papers again and commanded me to call a Cabinet Council and to let them be delivered there to the Council accordingly I did deliver them Paper by Paper and they were all marked there by my Lord Sydney who is here present and they were then delivered into the Hands of my Lord Sydney L. C. J. Pollex Will you please to ask my Lord any Questions Mr. Ashton Mr. Ashton My Lord if your Lordship will be pleased to pardon me I would ask your Lordship Did any of your Lordships Servants or Family read any of these Letters L. Pres No not one Mr. Ashton Were they locked up where any of your Lordships Secretaries or Servants could come to them L. Pres No I lockt them up in a strong Box in my Closet Mr. Ashton My Lord I only desire this Favour further of your Lordship Your Lordship at the Committee of the Council was pleased to ask me how I came by those Papers I presume you may remember and I pray your Lordship to declare what answer I gave L. Pres Truly Mr. Ashton to tell you the Truth I do not remember the Particulars I remember you denied every Thing I can only say that in the general but what you said in particular I cannot remember L. C. J. Pollex Do you put my Lord in mind if you can See whether he does remember it Mr. Ashton My Lord I only desire to ask my Lord President whether I did not tell him I went down after I had been fearcht into the Hold and there I see the Papers lye and brought them up and put them into my Breast and they were no sooner in my Hands but Capt. Billop had them in his for the Man called and said This Gentleman has Something in his Breast and the Captain put in his Hand and pulled it out L. Pres Truly Mr. Ashton I do not remember the Words that you used but remember you said Something to which I made answer What makes it matter They were found upon you and taken out of your Bosom do you look to it how you came by them I do not remember what you said for I cannot remember particular Words but I believe you might say some such Thing Mr. Soll. Gen. Then pray my Lord Sydney will you be pleased to be Sworn The Lord Sydney Sworn Mr. S. Thompson Will your Lordship be pleased to declare what Papers you received from my Lord President L. Syd At the Cabinet Council my L. President delivered a Pacquet of Papers I received them every one there and markt them and put them in my Pocket Mr. S. Trem. Did your Lordship deliver them to any Person afterwards L. Syd The next Day or the Day after I gave them to Mr. Bridgman to Copy out and he delivered them back to me again Mr. Soll. Gen. Pray my Lord give me leave to ask this Question Mr. S. Thomps Your Lordship had markt them before you delivered them to Mr. Bridgman to Copy L. Syd Yes I markt them at the Council Table at my L. Nottingham's Office Mr. Soll. Gen. My Lord those Papers that you markt were they the same Papers that my Lord President brought and delivered in at the Council L. Syd Yes the very same Jury-man My Lord shall we have leave to ask my Lord Sydney a Question L. C. J. Holt. Ay What is it Jury-man Pray my Lord did the Pacquet come to you Sealed That which was taken from this Gentleman was it Sealed when it came to you Mr. Soll. Gen. No it had been opened by my Lord Nottingham and my Lord President L. C. J. Holt. Sir you are under a Misapprehension of the Matter My Lord Nottingham after he had opened them sealed them up again and delivered them to Capt. Billop Capt. Billop carried them sealed to my Lord President my Lord President opens them and lays them up they were never out of his Possession he carries them to the King the King read some of them in his Lordship's presence he delivers them at the Cabinet Council to my Lord Sydney and my Lord Sydney swears he read them there markt them and when he had done put them in his Pocket Mr. Soll. Gen. My Lord Sydney will your Lordship be pleased to look upon these Papers and see if these be part of them L. Syd I know them very well I have read them Ten times I markt them at the Council and that is my Mark Mr. Soll. Gen. Pray my Lord are those Two Papers that you have in your Hand Two of those Papers that my Lord President delivered at the Cabinet L. Syd Yes that they are Mr. Soll. Gen. My Lord President will you please to look upon them Which his Lordship did L. Pres These are Two of the same Papers that Capt. Billop brought me Mr. Soll. Gen. Now we shall desire to have them read but give me leave to observe to you That one of them is a Copy of the other only in the one some Words are written short that are written out at length in the other Jury-man Pray my Lord I desire to ask Are they of the same Hand Mr. Soll. Gen. No they are of different Hands Mr. S. Thomps Pray Gentlemen of the Jury take notice and observe these Papers for there is a great deal of Matter of great Moment in them for you cannot expect the King's Council should repeat every Thing that is in so many Papers as we shall read it is impossible we should take notice of all L. C. J. Holt. Or I either therefore pray Gentlemen observe what is read for I shall be able only just to state the Evidence to you Mr. Ashton My Lord I hear them say one of those Papers is a Copy of the other I desire the Original may be read and not the Copy Mr. S. Thomps Who knows which is the Original L. C. J. Holt. Look you Mr. Ashton we don't know which is the Original or which is the Copy they are both found together they contain the same Matter and the same Words It may be you can tell which is the Original Mr. S. Thomps You may look upon them your self and tell us which is the Original if you please Mr. Ashton That is very well observed Sir That is throwing Water upon a dead Mouse Then I desire both of them may be read Mr. Soll. Gen. Indeed Mr. Ashton I think
granted that those three last Papers were my Lord Preston's Hand Mr. Ashton Then my Lord I desire the Substance of those Papers may be the â—ore press'd upon the Jury because Mr. Serj. Tremain observed that the 〈◊〉 Design in the Scheme of it lay in those Papers and they are not my 〈◊〉 but another's and for what is in them I know nothing nor am concern'd L. C. J. Holt. What have you farther to say Sir Mr. Sol. Gen. You mentioned another Letter which you did desire should be read Mr. Ashton Ah! two or three where my Lord is named Mr. Sol. Gen. This is the Letter I suppose you mean the Clerk shall read it Clerk of the Peace reads Sir I vow to you I do not repine at having lost all for your sake c. as before Mr. Ashton Gentlemen I hope you will observe in that Letter my Lord is called the Bearer and it tells that he brings Papers with him by which it is plain that you cannot imagine I could know any thing of these Papers And Gentlemen it has not appeared by any Evidence that has been given that I knew any thing more than that they were unfortunately found upon me But with Submission I believe there is another Letter if I am inform'd right wherein my Lord is named and called my Lord the Bearer Mr. Sol. Gen. Sir I do assure you now we have to my Observation read every Letter and every Paper that was read on Saturday Mr. Ashton Mr. Sollicitor I am satisfied for I am confident you would not affirm it if it were otherwise L. C. J. Polexfen There is not any Letter that says my Lord the Bearer but my Lord will give you an account so and so the Bearer will tell you these and these things will you have it read again You shall if you will Mr. Ashton I am unwilling to take up your Lordships time unless the Jury desire to have it read again Jury-Man Pray my Lord when that Letter was read on Saturday how was it construed by the Court How did they take it then L. C. J. Holt. We did take it then because my Lord was mentioned that he might possibly be the Bearer L. C. J. Polexfen It is very probable and so it was understood then that the Lord mentioned in the Letters was my Lord Preston and so that my Lord was the Bearer that could give an account of the Countesses Condition and in the beginning of those Papers that are of my Lords Hand there is mentioned so much Money for the Lady D which is my Lady Dorset I suppose that is there meant and that writ that Letter Mr. Ashton No my Lady Dorchester L. C. J. Polexfen Dorchester I cry your mercy and it is probable the same reason is a reason still to make it believed that my Lord Preston was meant Mr. Ashton I think my Lord Chief Justice was pleased to observe as I have been informed in giving his Charge to the Jury that these Papers some of them naming my Lord must be meant of my Lord Preston there being no other Lord but he and he likewise gave another reason says he they lay by my Lord's Seals that were produced and therefore it was plain they could not be Ashton's nor Elliot's L. C. J. Holt. No not so but my Lord might be concern'd because my Lord's Seals were there where the Papers were found Mr. Ashton I am wrong inform'd if those were not the words my Lord Chief Justice Polexfen used L. C. J. Polexfen What do you say were the words if you will repeat them I 'll tell you as near as I can Mr. Ashton Your Lordship seem'd to infer that my Lord being nam'd and the Bearer in the same Paper that of Consequence that must be my Lord Preston and the Papers must be his and you did give another reason for it to enforce it that the same Man that saw me take them up saw them lye by the Seals which were proved to be my Lord Preston's from whence your Lordship did say it is plain they were my Lord Preston's and that Ashton or Elliot could not be concerned in them L. C. J. Holt. You mistake that matter sure there was not any such word said for that Evidence that tended to convict my Lord Preston did by no means tend to acquit you the question then was how far my Lord Preston was concerned my Lord insisted upon it says he They were not taken from me but from Mr. Ashton there the Question was not about you Mr. Ashton I humbly hope my Lord you will forgive me for insâ—â—â—â—â—â— upon these Matters because I am for my Life L. C. J. Polexfen I would do you all the right I can I assure you Mr. Ashton but certainly there was no such thing said as you have mentioned Mr. Ashton My Lord I do not question but you will do me right and I thought so when I chose the Jury out of the first that appeared without challenging any L. C. J. Holt. Well Sir pray go on to your Defence Mr. Ashton My Lord my own Defence will be very weak upon the whole for I am very Illiterate and Unskill'd in the Laws but where I do fail of taking Advantage to observe what may be for my Advantage I hope your Lordships will be so kind to me as well as just I may call it to your selves being upon your Oaths as to take notice of it My Lord in the first place Mr. Serj. Tremain Before Mr. Ashton proceeds I would observe one word in a Letter that has been read which is one of these Papers it says I say nothing of another Gentleman that takes opportunity to see those parts but he has shewn a Zeal and Sincerity in the affair equal to most Mr. Serj. Thompson You hear Gentlemen that there is notice taken of another Person besides the Bearer Mr. Ashton Pray my Lord is it any Consequence that I must be the Person that must be meant or that I must know what the Contents of the Letters was There was another besides me and so it is not plain who was meant or if I were the Man meant in this Letter it must not therefore follow that I must know of it Mr. Serj. Tremain I did not mention it as a Proof that you were the Person meant but only to shew that there was another Person besides my Lord taken notice of in them L. C. J. Holt. I must confess I think Mr. Ashton observes right it does not concern him for as well as he was there there was another and it is uncertain whether it relates to him or the other and so it signifies nothing at all that 's my mind Pray go on Mr. Ashton Mr. Ashton My Lord upon the whole I have this to observe first as to my business of going into France I must ingenuously own it though I protest to you I never own'd it nor named it to the Woman though she had sworn it but yet I do
deliver the Sacrament to him there Dr. Fitz-Williams No I did not Jury-M Pray Doctor were the Prayers that were used at that time altered as they are now in the Common-Prayer-Book Dr. Fitz-Williams I cannot say they were L. C. J. Polexfen Did you ever see him Drink King James's Health Dr. Fitz-Williams I do not use to Drink Healths I came here only to do an Office of Justice and Kindness to Mr. Ashton to testifie about his Religion and Conversation Mr. Serj. Tremain But answer the Question Did you ever see him drink K. James's Health Dr. Fitz-Williams I cannot remember I ever did Jury-M Was King William and Queen Mary Pray'd for in those Prayers Dr. Fitz-Williams I cannot say they were Mr. Just Eyres But the Jury-M Question was whether King William and Queen Mary were Pray'd for and whether the Prayers were as they are now altered Dr. Fitz-Williams My Lord I say I don't remember there was any Names mentioned as the Prayers are now altered Mr. Serj. Tremain That 's very well Dr. Fitz-Williams I did neither read the Prayers Sir nor Administer the Communion at that time L. C. J. Polexfen But you were not at the Prayers as they are now altered I perceive Dr. Fitz-Williams Yes I have several times Mr. Serj. Thompson Not with that Gentleman Mr. Ashton Dr. Fitz-Williams But I have been an hundred times at the Prayers as they are now altered Mr. Ashton I desire Dr. Lake who is there upon the Bench that he may be asked what he knows of me Mr. Ser. Tremain But I have one question to ask of Dr. Fitz-Williams before he goes L. C. J. Holt. What will you ask him Mr. Serj. Tremain I would ask you Sir one question Have you taken the Oaths to this King and Queen Dr. Fitz-Williams No I have not Sir that 's my Unhappiness but I know how to submit and live peaceably under them Mr. Ashton But there is one Dr. Lake that has taken them he 'll give you an account what he knows of me Dr. Fitz-Williams If any one can say I have done or acted any thing against the Government I will readily submit to be punished for it L. C. J. Holt. Well Dr. Lake what say you Dr. Lake My Lord I have known Mr. Ashton above these sixteen Years we liv'd together in the same Family several of them I always observed him to be a Person of exemplary Piety and singular Devotion he duly came to the Prayers of the Church twice a day and to the Sacrament once a Month he has taken occasion that I know several times both at St. James's and at Edinburgh to testifie his Zeal against Popery and I am apt to think that he has suffered sometimes for doing so Mr. Ashton Dr. Bursh Pray as to my Religion I beg you to give an account what you know of me particularly something you may remember of me of my perhaps over-heat against Popery Dr. Bursh My Lord I have long known Mr. Ashton the Prisoner at the Bar and till within these two years frequently conversed with him and while I did so I believed him a good Protestant and I have so many Instances of it and particularly before some upon whom his Fortune depended but as to any thing of late I can say nothing because our Conversation has ceased Mr. Serj. Thompson Dr. Bursh have you known any thing of Mr. Ashton's Conversation for two years past Dr. Bursh No Sir L. C. J. Holt. Have you any thing more Mr. Ashton Mr. Ashton No my Lord I have nothing more unless your Lordship desire any thing more of this Nature L. C. J. Holt. Call whom you will Mr. Ashton Here is one Mr. Tomlinson L. C. J. Holt. Come what say you Sir Mr. Tomlinson My Lord I waited upon Major Gen. Worden when he was Sick and there read the Prayers of the Church and Mr. Ashton was a constant Attender upon the Publick Prayers at the Visitation of the Sick and was very Devout that 's all I can say L. C. J. Holt. When was this Mr. Tomlinson It was in the Sickness of Major Gen. Worden L. C. J. Holt. How long ago was that Mr. Tomlinson It was about half a year ago L. C. J. Polexfen Were those Prayers as they are altered now or not Mr. Tomlinson It was only the Visitation of the Sick and the Collect for the Morning and Collect for the Evening because the General 's Sickness was such that he could not bear long Prayers L. C. J. Holt. Sir have you been acquainted with the Prisoner any time Mr. Tomlinson About eight Months L. C. J. Holt. Have you any more Witnesses Mr. Ashton Mr. Ashton No my Lord. L. C. J. Holt. Then I would have you to answer me this one thing why were you so desirous and used such Importunity that the Papers should be thrown over Board Mr. Ashton My Lord that is a Point I ought to have spoke to to clear my self L. C. J. Holt. It seems material and I would not have it forgot if you can answer it Mr. Ashton I humbly thank your Lordship and whatsoe'er my Fate is I cannot but own I have had a fair Tryal for my Life and I thank your Lordship for putting me in mind L. C. J. Holt. And take this other thing with it why did you desire Captain Billop to go along with you where you were going Mr. Ashton He has Sworn it my Lord that I did so but as I hope for Salvation if I were to dye immediately I do not know that I spoke to him of any such thing how was it possible that I should prevail with him or how was it likely that I should force him to go along with us when he had about twelve or fourteen Men with him Armed and we unarm'd L. C. J. Holt. Nay it was not Forcing it was but Perswading him to go Mr. Ashton My Lord I do not know any thing of it I 'll assure you but as for endeavouring to perswade him to throw the Packet over-board I must own I did endeavour to perswade him to it and I do presume there is no body in Court that had been engaged with a Person so Unfortunate that would not have done the same thing for any common Friend not knowing what the Contents of those Papers were seeing them in that Posture especially when I saw some body else so near me so uneasie and concern'd to have them seen L. C. J. Holt. Then Mr. Ashton there 's another thing which you open'd which I would have you prove you say you were to go into France upon the Affairs of Col. Worden's Family first you say Col. Worden had a great account to make up how will you make that out Mr. Ashton My Lord if your Lordship please I will prove here in Court though it is a sort of surprize upon me that there is a great Account depending I believe I may appeal to Mr. Sollicitor himself who knows that there is a Petition in the
House of Commons now depending from the Queens Tradesmen and Debtors whom she owed 68000 l. she did Assign the Arrears of some growing Rents for the Satisfaction of this Debt but the King and Government have not thought fit to let it be applied to her use or to the paying of those Debts she assign'd it to Nay it has gone further I can appeal to several Persons there is one Man by chance in the Court that I believe does know that I promised and engaged and actually have paid a great part of this Debt for believing that the Money was good upon the Assignment I have actually paid some of these Men out of my own Pocket and perhaps more than became me to venture I think it may very well call my Discretion into question L. C. J. Holt. Who will you have called Mr. Ashton Mr. Ashton My Lord here is Mr. Spalding L. C. J. Holt. That the late Queen does owe People Mony that I believe is true Mr. Ashton Pray Mr. Spalding will you give the Court an account whether there is any Money due from the Queen to you Mr. Spalding My Lords and you Gentlemen of the Jury I have a Debt due to me from the late Queen as her Coach-Harness-maker it is 470 l. or something thereabouts and Mr. Ashton has paid me part of this Debt this I do own Mr. Ser. Tremain Pray how long have you been acquainted with Mr. Ashton Sir Mr. Spalding A dozen years Sir Mr. Ser. Tremain Have you had any Intimacy with him Mr. Spalding He and I have been very well acquainted Mr. Serj. Tremain Have you seen Mr. Ashton write at any time Mr. Spalding Yes I have Mr. Serj. Tremain Do you know his Hand Mr. Spalding Yes I think I do L. C. J. Polexfen Pray how came Mr. Ashton to pay you that part of your Money Mr. Spalding I press'd Mr. Ashton and told him my Necessities and he did advance me this Money L. C. J. Holt. How much did he advance Mr. Spalding Almost 400 l. L. C. J. Polexfen When was it he paid it you Mr. Spalding Almost a Year ago L. C. J. Holt. Did he pay it out of his own Pocket Mr. Spalding I believe so L. C. J. Holt. I believe so or was it Money that he had returned to him Mr. Spalding I believe it was out of his own Pocket my Lord. L. C. J. Holt. Why do you believe so Mr. Spalding Truly I believe it was out of his own Pocket L. C. J. Polexfen Pray who was to repay him Mr. Spalding About that very time we were Petitioning the House of Commons that we might have our Debts secured and our Money out of the Arrears of Rents due to the late Queen according to her Assignment and we so far press'd the matter that there was a Clause inserted into the Bill for the securing of our Debt but upon the next day or the day following the Parliament was Prorogu'd L. C. J. Polexfen Which way did he expect to be repaid Mr. Spalding I 'll tell you which way I suppose my Lord. L. C. J. Polexf Did he not tell you which way Mr. Spald No he never told me L. C. J. Polexfen Mr. Ashton did you never tell him how you should be repaid Mr. Ashton My Lord I hoped to be repaid and concluded I should out of the Arrears of Rent in the Tenants Hands L. C. J. Holt. But you were very kind to pay Money out of your own Pocket upon such Hopes Mr. Serj. Tremain Pray Sir will you look upon that Paper do you know the Hand Mr. Spalding No Sir I do not L. C. J. Holt. I suppose he did compound with you L. C. J. Polexfen This does shew an extraordinary kindness towards some sort of People Mr. Ashton If he Discounted the Interest to the time that we reckoned it would be paid you know that Prejudice would be to him and not to me it may indeed prove a Prejudice at last if the Debt be not paid because the Receipt is Conditional if it be not allowed him she shall Discount to me again L. C. J. Polexfen Was there no Money return'd over from the Queen K. Jame's Q n that was Mr. Ashton No my Lord directly nor indirectly not one Penny I believe they are not in a Condition to return Money L. C. J. Holt. Well Mr. Ashton what have you more Mr. Ashton I have nothing more to say I submit my Cause to your Lordship L. C. J. Polexf Look you Mr. Ashton as to some things that you have mentioned First there 's no body questions but you are a Protestant nay as far as I discern so they are all that are concern'd in this Matter The whole design shows that they are all so careful of the Protestant Religion that they design to restore and establish it by the King of France so that it appears they are all Protestants concern'd in this Project Mr. Ashton Pray my Lord who is it that proposes that L. C. J. Polexfen The Papers that were carrying to France Mr. Ashton you have heard them read Mr. Ashton I hope my Lord that no doubtful Insinuations or Suggestions are to effect me Mr. S. Tremain There is a Gentleman that was called to by the Prisoner it may be he knows his Hand pray Dr. Fitz-Williams look upon that Paper you have been acquainted with him many years do you know his Hand Dr. F. Williams No Sir I do not know his hand I never did see him write I cannot say I ever received a Letter from him Mr. Ashton I entirely submit my Cause to your Lordship and the Jury L. C. J. Holt Then you have done Mr. Ashton Mr. Ashton Yes Mr. Just Eyres Mr. Ashton because you cannot reply again upon my Lord Chief Justice after he has summed up the Evidence There 's another thing that I would put you in mind of that you may give an Answer to it Captain Billop swears before the Papers were found upon you and it seems to stick upon you when he was informed by the Sea-men that you had put something in your Bosom and he ask'd you what it was you said nothing but your Handkerchief Now if you knew not what was in the Papers how came you to deny you had any thing in your Bosom Mr. Ashton For the same Reason that I would have endeavoured to have had them thrown over-board out of kindness to the Person with whom I hapned to be taken L. C. J. Polexfen Consider Mr. Ashton what a strange many of things you run upon First you would have it believed That you had a mind to go into France upon your own account Mr. Ashton I do own that L. C. J. Polexfen Next then That you hired a Vessel for you and Ellyott Why would you have Ellyott to go with you into France Mr. Ashton I would not have him he desired the Favour of going L. C. J. Holt Who desired my Lord Preston to go or did he desire to go
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
If there be 〈…〉 you will have the advantage of them If you will assign them if there be none you can have none Mr. Ashton Then I say if there be words in the Indictment that there are no such Words in Nature then Sir I am told it is a Vicious and Erroneous Indictment and that is enough to viciate the Indictment Mr. D. Record No such Words in Nature It is hard to tell what you mean by that perhaps there are terms of Art in the Law which though you are not acquainted with we are Mr. Ashton Then there are such Words in Nature Mr. D. Record That is an insensible Expression Words in Nature Mr. Ashton I am informed that even a Letter in an Indictment is enough to viciate it or if it be false Latin that will make it an Erroneous Indictment Mr. D. Record No that is not so but if you will tell me what that Letter is I 'll tell you what I say to it it may or it may not be material Mr. Ashton We know it was lately disputed in a Case of this Nature at this Place and I am informed the Court were of Opinion if it had been in the Body of the Indictment it had been an Error Mr. D. Record If you please to tell me wherein the Error in your Indictment consists I may be able to give you a good Answer to it or you will have the advantage of it Mr. Ashton I say it consists in this the Word Cymba is written with an S in the Indictment whereas it should be with a C. Mr. D. Record How do you know it Mr. Ashton It is no matter how I know it I have some reason to know it it may be Mr. D. Record Mr. Hardesty look upon the Record Mr. Ashton With Submission that is an Error for there is no such word as Cymba with an S. Cl. of Arr. It is a long Indictment will you please to ask him where about it is Mr. D. Record Mr. Ashton will you tell me where 't is written Mr. Ashton In the Indictment when you come to speak of Cymba a Boat Mr. D. Record By the sound I cannot distinguish whether it be S or C. Mr. Ashton Sir I hope you will do me the Justice to examine the Indictment it self Mr. D. Record The Clerk is looking upon it how is it Mr. Hardesty Is it with an S or a C Cl. of Arr. It is with a C. Mr. D. Record The Clerk has read it and he certifies me it is in both places with a C which is true Latin Mr. Ashton Is it in all places with a C Cl. of Arr. I have lookt in two places and 't is right I 'll look further if you please Mr. Ashton Pray do which he did Cl. of Arr It is with a C. in all places Mr. D. Record The Clerk tells me it is the same and right in every place and he has lookt over all the Indictment as to the matter Mr. Ashton Then Sir I submit to it Mr. D. Record Make Proclamation for Silence which was done Mr. D. Record My Lord Preston or rather Sir Richard Grahme and Mr. John Ashton Ye have been Indicted Arraigned and Convicted of High Treason against their present Majesties King William and Queen Mary whom God preserve Ye have had a long and a fair and favourable Tryal as any Persons that ever have been tryed at this Bar. The Jury that has passed upon your Lives and Deaths has convicted you and the Court are now to do their last Act which is to pronounce that Sentence that the Law does inflict upon 〈…〉 as ye stand Convicted of It is a great trouble to me to 〈…〉 Judgment that is so heavy upon you but I must say the Evidence 〈◊〉 has been given against you was so clear and I suppose not only convincing to the Twelve Men that tryed you but to all By-standers that I can do it with that satisfaction that becomes one who is intrusted with the King's Justice that the Law may obtain and that there should be no Interruption of Justice And the Sentence that the Law has declared should be pronounced in this Case is this That Ye do respectively go to the place from whence Ye came from thence to be drawn upon a Sledge to the place of Execution to be there hang'd up by the Neck to be cut down while Ye are yet alive to have your Hearts and Bowels taken out before your Faces and your Members cut off and Burnt Your Heads severed from your Bodies Your Bodies divided into four Quarters Your Heads and Bodies respectively to be disposed of according to the King's Will and Pleasure and the Lord have mercy upon your Souls Then the Prisoners were conveyed away to Newgate the Place from whence they came AN ACCOUNT OF TWO LETTERS One of which is from the Late King James TO THE POPE As it is Extracted out of the Register taken at Dublin July 4. 1690. With a Marginal Note That it was all written with His own Hand THE OTHER IS An Original LETTER FROM THE EARL OF MELFORT The late KING 's Principal Secretary of State TO The Late Queen Taken also at DVBLIN at the same time IT is thought proper upon this Occasion to expose these Letters to publick View which would not have been so seasonable at another time as now when the Enemy has given open Proofs of those Designs which by these Letters will appear to have been long concerted by them and although by the Providence of God they have been hitherto prevented yet since hereby and by the late Discovery the Industry of those who endeavour to Subvert this Government is not only manifest but that they give themselves great encouragement to believe they shall be able to effect it It is hoped that these warnings will stir men up to such a degree of Vigilance as will make them careful to prevent any future Designs against the Peace and Quiet of the Kingdom Beatissime Pater GAudium ex Vestrae Sanctitatis in B. Patris Cathedram elevatione conceptum literis nostris per Comitem de Melfort primum Secretarium nostrum missis expressum Literae S. V. manu scriptae sinceri amoris paterni tenerae compassionis ob ea quae Patimur testes adeo auxerunt ut malorum sensum minuerint nos verè consolata sint Unica turbarum contra nos excitatarum origo est quod Catholicam Fidem amplexi simus eamdem in tria Regna latè sparsas per Americam nostrorum subditorum Colonias reducere statuisse nuper neutrum negamus Posterius quae fecimus in hoc Regno probant ubi enim divino auxilio parvas quidem sed frequentes victorias de Rebellibus reportassemus magnam impedierunt isti decretoriam pugnam pertinacitèr declinantes iis in Religionis bonum usi sumus quam hîc spero brevi firmitèr stabilitum iri Idem in aliis ditionibus nostris factum ubi divinâ
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