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

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 H●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

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

opening to my Lord President My Lord President says he lockt them up unopened in a close Cabinet in his Closet-room where no body comes there they were that Night and the next Day he carried them intire to the King and some of them were read by the King in the Presence of my Lord President and they were all taken away again by his Lordship no more nor no less and my Lord President brought them all to the Cabinet-Council where they were read and were delivered to my Lord Sidney My Lord Sydney swears these Papers now produced are the same Papers he had from my Lord President and my Lord President swears that they are the same he received by Billop from my Lord Nottingham and my Lord Sydney markt them So that there can remain no doubt of these being the same Papers that were contained in the Pacquet that was taken out of the Bosom of Mr. Ashton Then as to the Matter of the Papers I think it is plain beyond all contradiction that the Import of them is Treasonable They shew a Design of invading the Kingdom by a Foreign Force and of Deposing the King and Queen from the Government and of setting the late King upon the Throne It is agreed as it is mentioned at a Conference between several Noblemen and Gentlemen that were of the Whigg and Tory Party as they call them that the late King was to be restored though by a French Power It was impossible for them to effect it by going plainly to work and saying in plain Words the French should invade us It was to be done in this manner The French King must pretend by all means to be our Friend and a Mediator betwixt the late King and the People of England and this was out of design plainly to get a Party of the Kingdom to joyn with them the most credulous and inconsiderate sort of People who when they should be seduced into a Belief of the French King 's great Kindness It was not doubted but there would be a Conjunction between them and the French Forces to restore the late King And to procure such a Perswasion in the People the French King was to shew himself kind to the English Protestants to appear and act another part than he had formerly done he was to permit them the Exercise of the Protestant Religion thereby to perswade many that his Persecution of his own Subjects the Hugonots was not out of any Aversion to the Protestant Religion but only to their Antimonarchical and Resisting Principles Then an Inconvenience is to be removed for they complain that they are too full of Bigottry at St. Germains and too bare-faced For they make an open Profession of Popery and speak truly what they do intend but say they if they will have the Design take effect they must be more Close and Secret For the Folly and Bigottry at St. Germains was a very great Obstruction Therefore they proposed that some Persons might be substituted as Agents to Correspond here that understood the Temper of the Nation and what would easiliest prevail with the People And a Model was to be framed at St. Germains the Protestants are to be seemingly caressed Seven or Nine to be of the late King's Councel that so we might believe that he was ours in Interest again and that we have a Relation to him And if things were carried with such cunning and subtilty they hoped to delude a great many People over into the Interest of the late King but if they went bare-faced it would cause such great Jealousies that they must totally despair of Success Yet they did not hope by these Artifices to obtain so many Friends here as might have been sufficient to accomplish their Design but they must have recourse to a forreign Force particularly a French Force For says one of the Papers Vse Foreigners to expel Foreigners that is Use French Foreigners to expel Dutch Foreigners who are our Allyes and are falsly accused by them to have trampled upon the Rights and Liberties of the Nation There is one Argument used to encourage People to assist the French in the Invasion of their own Country which I cannot omit namely That as soon as the French with a considerable Expence of Men and Mony had restored the Protestant Religion the late King to the Crown and the People to their Liberties then he would withdraw all his Forces and reap no Profit or Advantage by his Success I must confess this carries so little of Persuasion in it that it is ridiculous to think thereby to impose upon any number of Men. But notwithstanding the weakness of their Arguments it is apparent they were in good earnest the Papers give an account to the French in what state and condition our Forts were Portsmouth not man'd with above 500. and Gosport how weakly fortifyed It was a happy juncture between this and the first of March when Advice is given to make use of the Opportunity For Men cannot give but Men may use Opportunities and something was to be done forthwith and the Goods must be got in readiness particularly the Linnen and the Copper are mentioned which are mysterious and dark Expressions and you may put a Construction upon them as well as I for they are written in a style of Trade as if there were a Correspondence between two Tradesmen and the Linnen and the Copper are ordered to be brought before the 10th of March But however obscure some of these Expressions are there are others that are more plain That the French Fleet must be out in April at farthest and are to come before the Conjunction between the English and the Dutch and Jennings Strickland or Trevannian are to come from St. Mallo's in one Night and to fight the English Fleet in the Chops of the Channel and not to come so high as Beathy where they came the last Year And there is an account given in what condition and state our Navy was how many Ships what Rates how Man'd and who the Officers and then as the French were to be in readiness to come in April so they say our Fleet was not to be out till June Gentlemen There are a great many other Particulars but these are enough nay half of them were enough to make any Man guilty of Treason that was concerned in them or that had a hand in carrying or making use of them Besides there are other Letters which can import nothing but the Writer was of the late King's Interest one directed to Mr. Redding the other to Mrs. Redding and these were to go to France to let them know how zealous he was in his Duty and how the interest of the young Master increased The Letters have these Expressions That though the Family were decreased yet our Interest is increased which is yours and I speak in the Plural Number because I speak the Sentiments of my elder Brother and the rest of our Relations and desire them to

several Memorials to shew how this Kingdom might be Invaded by the French To prove this the Evidence that has been produced and given by the King's Council has been long and consists of Two Parts Witnesses Viva Voce that have told you how Mr. Ashton designed a Voyage to France and that he hired a Ship for that purpose and several Papers were taken out of his Bosom In the first place the Witnesses tell you that about the latter end of December last Mr. Ashton and Mr. Ellyott came to Bardett's House where they met with Mrs. Pratt and Burdett having before that spoken to her about a Smack that she called the Thomas and Elizabeth Then there was a Meeting appointed between her and Mr. Ashton at the Wonder Tavern where they did Treat and Debate about the hire of it afterwards they came back to Burdett's again and there the Agreement was made betwixt the Woman and Mr. Ashton the Prisoner at the Bar to have a Hundred Pounds Ninety Three Guinies and Six Pence was fetcht down by Mr. Ashton and told out and deposited in the Hands of Mrs. Burdett then there was a Six Pence broken and one part Mrs. Burdett had and the other part Mr. Ashton had and when either the Master or Mistress Pratt should bring the part of the Six Pence that Mr. Ashton kept to Mrs. Burdett the Hundred Pounds was to be paid And this Agreement being made 't is possitively Sworn that they did ask whether there was a Hiding Place in the Vessel an Answer was made There was one and thereupon a Note was given that the Master and Mistress Pratt should go to the Seven-Stars in Covent-Garden Upon Wednesday Night they went there according to the Direction where meets Ashton and Ellyott but before that there was a Boat hired at Surrey-Stairs to carry them down to the Ship through Bridge over-against the Tower but the Tide not serving till about Ten a Clock at Night they had agreed with a Water man for Half a Crown to carry them and he was to stay till the Tide served And when they went out from Rigby's they parted Ellyott and the Master went together Mr. Ashton did not go with them but came near about the same time to Surrey-Stairs where they took Water Being aboard it was observed that all these Gentlemen were very timerous and seemed to be much frighted at the sight of any Vessel from which there was any apprehension of their being taken notice of and therefore they went down under the Quarter-Hatches which is a Place very inconvenient for such Persons where none could stand or sit upright but they were forced to lye upon the Boards or upon the Balla●●● It seems some intimation was given that some Gentlemen had an intention to go into France to prosecute some Treasonable Design And Captain Billop being employed to pursue them which he did in a Pinnace when he came near the Vessel where they were he called to the Vessel and under pretence of Pressing Sea-men he went on Board The Master of the Vessel said he had a Protection from the Admiralty so that there was no cause for them to fear pressing nor indeed was there any for Gentlemen to fear it they being not lyable to be pressed When the Captain came near the Ship and declared his intent of coming on board these Gentlemen were gone under the Quarter-Hatches again Captain Billop coming on board and speaking about pressing of the Men and saying there was a Couple that would make good Sea-men for the King the Master shewed his Protection and then the Captain said he would search further in the Ship and so he did and then he pulls up the Boards and there he finds all these Gentlemen who were called up one after another and searcht by the Captain Gentlemen There is one of the Witnesses tells you that when they were come up he saw a Pacquet that lay in this very place under the Quarter-Hatches unto which was tyed a peice of Lead which Mr. Ashton takes up and puts in his Bosom with which the Captain being acquainted Inquiry is made by him what Mr. Ashton had there Mr. Ashton said it was his Handkerchief and nothing but that which he pulled out But Captain Billop puts his hand in his Bosom between his Coat and his Body and takes out the Pacquet and carried these Gentlemen on Board the George Frigat where they stayed till the Tyde served to bring them to White-hall But before they came on board the Frigat Mr. Ashton was very importunate with him to throw this Pacquet into the Water when they were on board the George Frigat and in the Cabin alone they continue their importunity Now say they we have you here and you are alone pray will you throw this Pacquet over-board and particularly Mr. Ashton said it would do the Captain 〈◊〉 good to injure so many Gentlemen and Mr. Ellyott would have per●●ded the Captain to take the Lead that was tyed to the Pacquet and ty●●●●o some Letters that was taken out of my Lord Preston's Pocket and throw the Pacquet over-board and then have informed the King and Council that those Letters was the Pacquet taken out of Ashton's Bosom But the Captain very honestly rejected all their Motions of that kind Truly Gentlemen my Memory will not serve me to repeat all the Particulars but I question not your Notes will bring them to your Minds Mr. Ellyott it seems was so mightily concerned at their being taken with these Papers that when they shot London-bridge he wisht the Bridge might have fallen upon them and knockt them on the Head and when they were got through he wisht a Thunder-bolt would fall down into the Boat and sink them That indeed was Mr. Ellyott and not Mr. Ashton but Mr. Ashton was as much concerned about disposing of the Pacquet as Mr. Ellyott At White-hall this Pacquet is opened and you have several Papers produced in Evidence and read to you you have heard what Evidence has been given that these are the very Papers that were in the Pacquet thus taken First of all Captain Billop tells you he carried them to my Lord Nottingham and that they lay there in his Office he withdraw indeed while my Lord Nottingham examined my Lord Preston but the Pacquet was not opened in the interim but there was only a Paper stuck on the out-side that my Lord had taken off before the Captain returned into the Room and there the Pacquet remained intire He says my Lord Nottingham opened the Pacquet and put up all the Papers that were in the Pacquet in his presence into a Cover again and sealed them up with his Seal My Lord Nottingham says positively he did put up all the Papers that were in the Pacquet again all and no more except the Cover and that he sealed up and delivered it to Captain Billop Captain Billop says he took these very Papers from my Lord Nottingham and as he received them carried them without