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
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
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.
to me and it was Wednesday before I did see any body of them and so I had but Wednesday and Thursday to consult with them in On Friday I was brought here and I endeavour'd to procure a Copy of the Pannel that I might inform my self of the Characters of the Men that were to be my Jury and my Lord I would desire you to give me leave to clear one Point which through Inadvertency slipt from me about the time that I desir'd to send to enquire about the Jury I did not mean as was apprehended to send to them to take them off but I only meant to enquire after their Characters this was done upon Friday I had not a Copy of the Pannel till last Friday when we were Arraigned in Court it was Two of the Clock before the Pannel was given us it was between Three and Four when we came to Newgate we were to come upon our Tryal the next Morning by Eight of the Clock so that before the Copies could be transcribed for us there were left but six Hours for us to enquire into the Morals of so many Men of whom some liv'd eight some ten some fifteen Miles out of Town for my part I was not able to enquire after any one and that your Lordship may think by my taking the first Twelve that appeared and believing my self Innocent of this matter I resolved to put my self upon my Tryal by any twelve indifferent English-Men I only beg if I have omitted any thing in reference to my self or misbehaved my self with respect to the Bench that you would please to set me right and consider that I stand here for my Life and to grant me your Pardon for any thing wherein I have offended your Lordships to whom and to the Jury I refer my Cause only I beg leave to call two or three Witnesses I know it hath been allowed before in such cases to give some short account of my Life and Conversation because it hath been reflected upon me that I was a Papist because I designed to go into France but I believe there is not any Man whose Devotion to the Protestant Religion established by Law is greater than mine hath been or to whom that Religion is Dearer than to my self L. C. J. Holt. You are not accused of any such thing no body pretends you are a Papist but call whom you will Mr. Ashton Pray call Dr. Bursh Dr. Lake Dr. Fitz-Williams and Dr. Davenant There is Dr. Fitz-Williams I beg the Favour of you Dr. Fitz-Williams to give the Court an account of your Acquaintance with me and particularly about my Religion Dr. Fitz-Williams Will your Lordship give me leave my Lord L. C. J. Holt. Ah! Come what do you know of Mr. Ashton Dr. Fitz-Williams I suppose my Lord that he calls me in as a Witness to his Religion and to his Morality I think so with my Lord's Permission I will give the truest Testimony I can I have known him some time he used to be frequently at the Service of the Church in the Protestant part of the Family at St. James's where I was Chaplain during the time I was there I observed him to be a frequent Receiver of the Holy Communion and as far as I could observe lived answerable to what he professed to be a Sincere Member of the Church of England and a Serious Christian for his Sincerity and Zeal for the Protestant Religion I can give this Instance he had an Aunt that had a Relation to that Family one Mrs. Du-pee whom he thought did warp a little towards Popery and he desired me about five Years ago to have recourse to her and desired to know if she were dissatisfied with any Point of Religion in the Church of England in Communion with which she lived visibly and I would do my endeavour to satisfie her as I do not doubt but I could She was desirous to know who was the Person that sent me I told her I came of my own Head in the greatest part but I suppress'd the Interposition of Mr. Ashton for several Reasons and told her I had great Suspition of her inclining the other way and I had great reason for it because of her Husband who was a Papist and the great Resort of Popish Priests to their Lodgings She told me then she was satisfied in every thing and if she had any Dissatisfaction she would send for me and give me an account Some Months after I came to St. James's to wait and observing her to be absent more than usually before from Prayers in the Chappel I went to her and asked her the reason She told me it was because she was making some Linnen for her Master King James which was to be made in haste But she then design'd to go for Flanders quickly and Mr. Ashton about that time or two or three days after told me his Aunt was gone to France and spoke it with very great concern and that he believed under the Pretence of calling over her Younger Son she was gone to declare her self a Papist and he was very much troubled at it This I know for his Zeal for the Protestant Religion L. C. J. Holt. When was this Doctor Dr. Fitz-Williams This was my Lord about five Years ago Mr. Ashton That is as to the business of my Aunt I suppose I know not how he comes to mention it but as to my Life and Morals you can give a later account Dr. Fitz-Williams My Lord I have Administred the Sacrament to him L. C. J. Holt. What Questions do you farther ask him Mr. Ashton or can you say any more Doctor Dr. Fitz-Williams No my Lord I can say no more but that he received the Sacrament about half a Year ago Mr. Serj. Thompson We have not objected any thing as to his Religion at all Mr. Ashton But I know it has been a Reflection that has gone about of me that I am a Papist therefore I beg leave to prove my Religion and Conversation L. C. J. Holt. Nay call whom you will you shall not be hindered take what Course you please Mr. Serj. Tremain Pray Doctor you say he has received the Sacrament lately when was that and where Dr. Fitz-Williams It was at Ely Chappel within this six or seven Months L. C. J. Polexfen Have you been lately conversant with him Dr. Fitz-Williams Truly my Lord I have not been very lately L. C. J. Polexfen Pray what have you heard him say concerning his Affection to King William and Queen Mary Dr. Fitz-Williams I do not remember any thing at all of that L. C. J. Polexfen Have you heard him say any thing to the contrary Dr. Fitz-Williams No I cannot remember that Mr. Serj. Tremain What have you heard him say about his Affection to K. James L. C. J. Holt. Do not ask him that there may be a Snare in that Question Jury-M You say Doctor that he received the Sacrament six Months ago in Ely Chappel Did you
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