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
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
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
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
John Ashton What sayst thou Art thou Guilty of the same High Treason or not Guilty Mr. Ashton My Lord I have only this to observe besides what my Lord Preston has offered as to the Business of the Act of Parliament your Lordships have been pleased to over-Rule that Plea But My Lord I am told That if an Indictment be faulty but even in a Letter we cannot be found Guilty upon that Indictment Now if we never have a Copy of that Indictment how shall we know whether there be any such Fault in it Your Lordships who are our Counsel I suppose have never seen the Indictment and suppose there be Twenty Faults we have not the advantage of them by not having a Copy and how shall we come to have any Advantage if neither your Lordships who are our Counsel nor we our Selves can see them It may turn upon that L. C. J. Holt. But we will see it when you come upon your Tryal L. C. J. Pollexfen That is a Mis-Information for it may be such a Letter as is not Material and it may be such as is Material as suppose your Name being Ashton the A should be left out it would then be a Question What there would be to Charge you Mr. Ashton We know that it has been so in several Instances L. C. J. Pollexfen It may be such an Omission that may make it no Crime but we must not presently conclude that it is so but you have heard it Read and so have we if there had been any such Letter mistaken it would have been taken Notice of Mr. Ashton As to the Reading there may in the Reading of the Indictment be many Words not nicely observed I suppose the Indictment may be Right I say it is possible it may or it may not but if your Lordships never see it who are our Counsel by Law nor you will allow us Counsel to look into it if there be Forty Faults in it we can have no advantage of it L. C. J. Holt. We must not allow you Counsel to pick holes in the Indictment that never was done If you assign any Reason we may assign you Counsel to debate any matter of Law that may arise but never was Counsel allowed to find out Faults in an Indictment when you come to your Tryal we shall try you upon your Indictment and if there be any thing considerable you are to suppose we shall observe it for your advantage Mr. Ashton My Lord We never had a Copy of the Pannel of our Jury I pray we may have it L. C. J. Holt. That you cannot have till you have Pleaded L. C. J. Baron Mr. Ashton We have over-Ruled my Lord Preston about a Copy of the Indictment Do you think we shall Grant it you when we have denied it him Mr. Ashton My Lord I desire we may have a Copy of the Pannel L. C. J. Holt. You must Plead first C. of A. Are you Guilty of the High Treason or not Guilty Mr. Ashton Not Guilty C. of A. How will you be Tryed Mr. Ashton By God and my Country C. of A. God send you a good Deliverance Edmund Elliot How say you Are you Guilty of the same High Treason or not Guilty Mr. Elliot Not Guilty C. of A. God send you a good Deliverance L. Preston My Lord I hope now it may be time to pray that my Tryal may be deferred L. C. J. Holt. Why would you have it deferred L. Preston Because of the distance of my Witnesses and other Things that would be necessary for me to have to prepare me for my Defence and besides we have not had a Copy of the Pannel of our Jury and the Reason of the Law does Order that because it gives us liberty to except against them and that we cannot know how to do unless we inform our selves of the Men and therefore I beg that I may have a Copy of the Pannel L. C. J. Holt. As for having a Copy of the Pannel the Court grants it Let them have a Copy of the Pannel C. of A. Here is one ready for you Mr. Sol Gen. There was Direction given that there should be one ready Mr. Ashton We have demanded it every day since we had notice of our Tryal L. C. Baron You could not have it till there was an Issue joyned and that could not be till you had Pleaded L. C. J. Holt. And as to the putting off your Tryal I know not to what time to put it off L. Preston My Lord I am willing to have this matter Tryed as soon as possible for it cannot but be uneasie to me to lie under these Accusations but some of my Witnesses live in the Country at a remote distance if it may be next Term my Lord or the next Sessions for if I have a Copy of the Pannel to Night and am to be Tryed to morrow Morning How can I provide for my Defence I cannot be prepared to except against the Jury and I am sure you will be tender and consider the Case of a Man whose Life and Fortune are concerned in this Business L. C. J. Holt. To put it off till the next Term is to remove it out of this Court that we cannot do and to put it off till after the Term will be too long a time L. C. J. Pollexfen We cannot sit here after Monday because the Term begins on Tuesday L. Preston My Lord this Term is always a short Term and if I be Tryed to morrow it is Trying me without giving me time for my Defence Mr. Sol. Gen. My Lord there has been all the care taken that the Nature of the Thing was capable off to prevent any complaint of this kind Order was given that my Lord and these Gentlemen should have notice as early as was possible As soon as ever Mr. Attorney General had had an opportunity of looking into the Evidence notice was given them that they should be Tryed and that this was the day appointed for their Tryal But there shall be no contending in a Matter of this Nature for a day If it be desired and the Court please to put it off till morrow we are contented but there can be no reason to put it off for a longer time As there is always a tenderness to be used and I know will be and as far as I am concerned always shall be towards Persons in these Circumstances so there is a regard to be had towards the Government and the Publick I am sure if the Accusation that is against these Gentlemen is true the Government is highly concerned that this Matter should come to a speedy Examination and that Persons that enter into such Designs be brought to Judgment The Charge in the Indictment is of such a Nature as draws very great Consequences along with it it concerns no less then the Life of the King and Queen the Destruction of the Fleet of the Kingdom and the Invasion of the Realm by the
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
a Cant and my Intention to go to France and those words in the Letter where my Lord the Bearer is named But your Lordship observes That that Letter is not directed to any body and that is full of Cant as well as all the rest Why should I be supposed to be the Bearer any more than either of the others and they were found about one of them But my Lord for the reason of my going beyond Sea it was this I designed to go to Flanders or any place I could be driven to and that ought not to be wondred at for really I who had lived quietly after the loss of my Places upon this Revolution and suffered great Inconveniences in my Estate and was retired to my own House with a Design to live a retired life was imprisoned twice in the Tower and proclaimed a Traytor in every Market Town without any Indictment and my Imprisonment tendded greatly to the impairing my Health and my Fortune all this made me very uneasie here and my Lord I went under a fixed Resolution to go to Flanders or any place where I thought I could be quiet L. C. J. Holt. My Lord your Lordship should have said all these things before for it is not the course to reply upon the Court if you had had any thing to say you know we heard you out of Course and I let you interrupt me as much as you did think fit though that has not been allowed at any time before But my Lord pray let me say one thing more Suppose your Lordship did think your self hardly used though I know not any reason you had to think so yet your Lordship must remember it was in a time of Danger that your Lordship was taken up before and you had shewed your dissatisfaction with the present Government and therefore they were not to be blamed if they secured themselves against you but 〈◊〉 you had a mind to retire into the Country or to go abroad was Franâ—â— the only Country you could choose a known declared Enemy's Country at open War with the Government Lord Preston My Lord I beg your Lordships pardon if I give any Offence L. C. J. Holt. No my Lord you give me no offence at all but your Lordship is not right in the course of Proceedings I acquaint you with it not by way of Reproof but by way of Information Lord Preston Then I hope the Gentlemen of the Jury will consider that all that is alledged against me is but Presumption my Life and Fortune my Posterity and Reputation are all at stake I leave all to the Jury's Consideration and the God of Heaven direct them L. C. J. Holt. If you go on thus to Reflect upon the Court you will make the Court to reflect upon you The Jury hear how the Evidence has been stated I think it has been done very impartially and without any severity to you Why should you think we would press the Evidence further than it ought to go against you You are a Stranger to most of us and I am sure we do not desire your Life but still we must take care that Justice be done to the Government and the Kingdom as well as to any particular Person and Evidence that is given must have its due weight and Consideration If any one can design Innocently to go into France at this time of day with such Papers and in such a manner that I leave to the Jury's Consideration Then the Jury withdrew to consider of the Evidence and the Court Adjourned for a little while and returned in half an hour and the Jury came in and were called over and appeared Cl. of Ar. Are you all agreed of your Verdict Jury Yes Cl. of Ar. Who shall say for you Jury Our Fore-man Cl. of Ar. Sir Richard Graham hold up your Hand which he did Look upon the Prisoner How say you Is he Guilty of the Felony and High-Treason whereof he stands Indicted or not Guilty Fore-man Guilty Cl. of Ar. What Goods and Chattels had he Fore man None at all that we know of Then the Verdict was Recorded L. C. J. Pollexfen I think truly Gentlemen you have done according to your Evidence and though it be a hard Case upon particular Men that have brought themselves in to these inconveniences yet it is necessary Justice should have its due course or else there is no longer living for any Man in any Society or Government Then the Prisoner was carried back to Newgate and the Court Adjourned till Munday Morning following at seven a Clock THE ARRAIGNMENT TRYAL CONVICTION AND CONDEMNATION OF John Ashton Gent. FOR HIGH-TREASON Against their MAJESTIES King WILLIAM and Queen MARY In Conspiring the DEATH and DEPOSITION OF Their MAJESTIES c. LONDON Printed for Samuel Heyrick and Thomas Cockeril at Grays-Inn-gate in Holbourn and at the Three Legs in the Poultrey M.DC.XCI Die Lunae xix Januarii 1690. The Court being Sate the Jury was called over and the appearance of those who answered Recorded Then Mr. Ashton and Mr. Ellyot were brought to the Bar but Mr. Ellyot was ordered to be carried back to Newgate the King's Councel resolving to try Mr. Ashton by himself Cl. of Ar. JOHN ASHTON hold up thy Hand Which he did Those Men that you shall hear called and personally appear are to pass between our Soveraign Lord and Lady our King and Queen and you upon your Tryal of your Life and Death If therefore you will challenge them or any of them your time is to speak as they come to the Book to be Sworn and before they be Sworn Mr. Ashton Pray stay a little L. C. J. Holt. What say you Mr. Ashton Mr. Asht My Lord I humbly desire your Lordship will allow me the benefit of Pen Ink and Paper L. C. J. H. Pray let him have Pen Ink and Paper Mr. Asht And likewise that you would give my Sollicitor leave to be as near me as possibly he can only to refresh my Memory if I should forget any thing L. C. J. H. That is a thing you cannot of right demand the other of Pen Ink and Paper you may Mr. Asht My Lord I shall acknowledge it as a very great Favour L. C. J. H. That is an Innovation that ought not to be the Court cannot allow it Mr. Asht I acknowledge it a Favour but if the Court thinks it not fit to allow it whatsoever your Lordship shall order I readily submit to L. C. J. H. You shall have Pen Ink and Paper and what is fit for the Court to do they will do it L. Ch. Bar. If the Witnesses say any thing that you do not hear you must speak to the Court and you shall have them say it over again Pen Ink and Paper was given to the Prisoner Cl. of Arraign Sir William Hedges Knight He appeared Mr. Asht My Lord I would not trouble your Lordship and my self with unnecessary Challenges I intend to put my self with an intire dependance upon
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
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
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