Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	esq_n	john_n	town_n	18,790	5	9.4209	4	false

Text snippets containing the quad

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

with you Mr. Ashton I had not seen Mr. Ellyott of Three Months before I went into the City to hire the Boat L. C. J. Polexfen Why would you have my Lord Preston go with you Mr. Ashton Why would I have my Lord Preston go with me My Lord I hop'd to have got my Passage free with a Person of my Lord's Quality L. C. J. Holt Then you hired this Vessel for my Lord Preston Mr. Ashton No my Lord. L. C. J. Holt. Was it my Lord's Money or your own that you paid Mr. Ashton The Money I paid but how I should be repaid I cannot tell L. C. J. Holt Would you for your own Convenience pay a Hundred Pounds for a Boat to go to France and yet hope to get your Passage free by taking in my Lord Preston Mr. Ashton Truly my Lord I cannot tell how it would have been at the utmost we could but have paid our share of it L. C. J. Holt But you can tell me if you will I ask you how it was agreed among you Mr. Ashton Truly my Lord as I hope to be saved I cannot tell L. C. J. Holt Then there is another thing why did you desire one of the Sea-men to say That you were to go to Flanders and not to France and give him Half a Crown to say so Mr. Ashton I presume your Lordship knows that it is a Fault though it be not a Treasonable Fault to go into France L. C. J. Polexfen But Mr. Ashton Truth is the thing that we are enquiring after and that is the thing we would have prevail and I hope shall in all Cases If you are not Guilty we hope it will prevail of your side if you are guilty we hope it will prevail on the other side Now how likely is it that you should get into this same Company by chance without a Previous Agreement you sent something from Burdet's a Hamper and a Trunk and afterwards some other things went from Rigby's who is your Father-in-Law Mr. Ashton No There was nothing at all carried from Mr. Rigby's L. C. J. Holt Yes the Leather Bag I believe but another thing is this That if it be possible you will do well to give an answer to why did you enquire for a hiding Place Why did you ask the Master of the Ship whether there was a convenient Place to hide in Mr. Ashton As to that Matter my Lord I had heard of diverse People that actually had Passes and were going to Flanders yet were stopp'd and brought to Town again I believe my Lord Nottingham has bail'd many a One and your Lordship knows it to be so and has bailed many your self and therefore I had great reason upon that account to endeavour secrecy as much as I could L. C. J. Polexfen Mr. Ashton as I remember you said your self you were once before a going over and had the Misfortune to be stopt now to venture the Second time without a Pass was something strange why had you not gone and applied your self to the Secretary for a Pass Mr. Ashton I had made all the Application I could to my Lord Nottingham I cannot say in my own Name because I was sure before hand I should be denied but I did by other hands endeavour to have got a Pass to have gone into Flanders because it was of extraordinary consequence to me as I tell your Lordship to go quickly L. C. J. Holt. If you had such an occasion to go and had made it out to the Secretary and given Security you might have got it sure L. C. J. Pollexfen One word further Why should you be so much concerned to have these Papers thrown Over-board Mr. Ashton Perfectly out of Friendship and had I been Travelling with your Lordship or any Man else that had been so unfortunate I would have done the same L. C. J. Pollexfen Well Have you any more to say for your self Mr. S. Tremain Mr. Ashton call what Witnesses you will and speak as long as you will for your self you shall be heard at large Mr. Ashton Mr. Serjeant I thank you heartily I have no more to say at present L. C. J. Holt. Then the King's Council desire to speak a Word to the Jury Mr. S. Thompson May it please your Lordship and you Gentlemen of the Jury It falls out to be my Duty to Sum up the Evidence that has been given I opened the Cause at the beginning to you and I opened it at large and many Particulars there were mentioned and truly I do not think we have failed in the Proof of any one I know you are Men of that Observation that I need not nor shall take upon me to repeat all the Particular Circumstances but as near as I can I shall touch upon the Heads of the Evidence and do it with as equal regard to my Duty and as much tenderness to the Prisoner as any one can do Gentlemen In the First place you see what the Indictment is for 't is for a High-Treason of a very Great Nature no less then the Deposing the King and Queen and Subverting this Government and that by a French Power and Interest If Inviting an Invasion and giving an Account of the Weakness and where the Strength of the Government lay carrying Papers to Sollicite the French to come and to incite this Nation into Rebellion that so they might depose this King and set up the late King James again If these be High-Treason as doubtless they are then Gentlemen how far forth the Prisoner at the Bar had a share in it I must refer to you from what we have proved He is the Man it seems that made the first step for you may remember it was proved that he met this Woman at Burdet's in the City for the hiring of this Ship and after Two or Three Meetings more they come to a Conclusion and 93 Guinies and Six Pence are deposited to make up a 100 l. which was the Price agreed upon and that was actually paid by Mr. Ashton this is Sworn to be so The next thing is to what purpose this Money was paid and the Ship hired that is directly Sworn it was to carry Mr. Ashton and Two or Three more of his Friends not naming of them and they were to go to France one of the Witnesses says to any Port in France it was not directly declared to what Part. This I say was the purpose for which the Money was paid and the Vessel hired and this was to carry you Mr. Ashton and Two or Three more Friends of his into France It is true Mr. Ellyott afterwards did meet Mr. Ashton and I think was by at the Bargain making or at leastwise when the Money is paid I will not be positive in that because I would do him no wrong he being to make his Defence hereafter Mr. Ashton No he was not by I made the Bargain my self Mr. S. Thompson Then afterwards I remember one Circumstance when he hired