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
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
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
King and Queen that now are their Crown and Dignity and against the Form of the Statute in that case made and provided How say you Sir Richard Grahme are you guilty of this Felony and High Treason whereof you stand indicted or not guilty L. Preston My Lord I have something humbly to offer to your Lordships L. C. J. Holt. What is it your Lordship would say L. Preston My Lord I find I stand indicted by the name of Sir Richard Grahme Baronet but I do take my self to be intitled to another way of Trial as being a Peer of England by vertue of a Patent before the Vote of Abdication was made and it was in a time when all your Processes and all your Writs went in the late King's Name and all Officers acted by vertue of his Commissions My Lord This is a matter that concerns me in point of Life Estate Posterity and all that 's dear to me and therefore I desire to know whether your Lordships think fit to allow me my Peerage I offer it my Lord with all the respect and modesty imaginable L. C. J. Holt. My Lord I apprehend your Lordship to offer against your being tried here that you are a Peer L. Preston I take my self to be so my Lord. L. C. J. Holt. My Lord you must make that out to the Court. L. Preston I told your Lordships the Ground of my Claim and Apprehension it is from a Patent I received before the Vote of Abdication when all Commissions and all Process and all the Courts of Judicature run in that Name L. C. J. Holt. Where is that Patent my Lord L. Preston It is in the Hands of the House of Lords L. C. J. Holt. My Lord Preston we cannot take notice of that Patent if your Lordship plead that you were made a Peer by a Patent under the Great Seal of England you must produce it under the Great Seal that the Court may see what it is and whether it be sufficient to justifie your Plea L. Preston I hope your Lordship and this Court will enable me to do that by sending an Order to the Clerk of the House of Lords to bring the Patent hither for it is in his hands L. C. J. Holt. My Lord that is not in our power If your Lordship take your self to be a Peer and would thereby stop this Court from proceeding to try you you must be ready to make it out L. Preston I am ready to make it out if I had my Patent here that would make it out Certainly there is some Authority now in being I humbly offer it with all submission and respect that may order the Clerk of the House of Lords to attend this Court and produce this Patent L. C. J. Holt. My Lord Preston we are not to enable you to plead to the Jurisdiction of the Court. L. Preston My Lord I offer it with all respect to the Court I am concerned in it for my Life and my All and if that be overruled this I hope you will do before you go on you will hear me by my Counsel L. C. J. Holt. My Lord it is nothing that you have said for if your Lordship plead this Plea to the Jurisdiction of the Court it ought not to be received without shewing your Patent L. Preston My Lord I desire my Counsel to be heard to this matter L. C. J. Holt. I know your Lordship has had the benefit of Counsel and I know your Counsel must tell you that what you say goes for nothing unless you put in your Plea and produce your Patent that the Court may judge upon it Mr. Sol. Gen. My Lord I have observed what my Lord Preston has mentioned L. Preston Pray Mr. Sollicitor will you speak out that I may hear what you say Mr. Soll. Gen. My Lord I say I have taken notice of what your Lordship has offered It has been most truly observed by the Court that it is your Lordships part to make good your Plea and it ought not to be expected that any Court should help a Person to plead to its Jurisdiction But because it should not be pretended that an advantage was taken against the Prisoner for a defect in point of form or that any thing was insisted on which should have the least appearance of a hardship and that we may proceed in the most clear and unexceptionable manner that can be I must beg leave to observe to your Lordship and the Court how far this matter which my Lord Preston has insisted on has been debated and determined in another place L. C. J. Holt. So on Mr. Sollicitor M. Soll Gen. My Lord upon the 11 of Nov. 1689. My L. Preston did make some claim in the House of Lords that he was a Peer of the Realm the House of Lords demanding of him upon what he founded his pretence he said he claimed by Letters Patents from the late King James which passed the Great Seal before the time of the Vote of Abdication The Lords required that those Letters Patents should be produced which being done and my L. Preston insisting upon his claim to be a Peer of England the Lords thought fit that day to commit my Lord Preston to the custody of the Black Rod. The next day being the 12th of November upon solemn debate of the validity of these Letters Patents and consulting with the Judges then present the Lords nemine contradicente did adjudge and declare those Letters Patents to be void and null And by another Order of the same date they did order Mr. Attorney General to prosecute my Lord Preston in the King's Bench for a High Misdemeanor in presuming to claim Peerage by those Letters Patents And by a third it was ordered that the Letters Patents should remain in Custody of the Clerk of the Parliament Thus you see my Lord this matter hath had already a solemn determination in a Court which had the most proper Conusance and Jurisdiction of Claims in this Nature And they having pronounced their Judgment I did not think it would have been urged again in this place I thought it proper to mention these things to shew how it comes to pass that my Lord Preston has not his Letters Patents to produce and to satisfy every man that there is no hardship put upon my Lord Preston by Trying him here when he ought to be Tried by another Judicature The Lords have given Judgment against these Letters Patents and have Ordered that they shall remain in Custody of the Clerk of Parliament and my L. Preston is not a stranger to these transactions and therefore if my Lords Council had been of opinion he could have made any use of them they would have inform'd him he must have taken another course to have got them and could not expect this Court should make an Order for him contrary to the Order of the House of Lords to take the Letters Patents out of the hands of the Clerk of the Parliament
and this to help him to a Plea against their own Jurisdiction I omitted one thing that upon the 27th of the same Month of November upon my L. Prestons humble Submission and Petition his Lordship was discharged of his Imprisonment and the House of Lords were pleased to remit the Order given to Mr. Attorney for Prosecuting him in the King's Bench for the Misdemeanour So that I cannot but wonder to hear of this Claim of Peerage after that Submission But there is nothing offered to the Court by my Lord that the Court can take any legal notice of If my Lord will plead any thing to the Jurisdiction of the Court he ought to have his Plea in Form and be ready with his Proofs to make it good Mr. Serj. Thompson My Lord Preston upon this last Order of the House of Lords has disclaimed any right of Peerage when he made his Petition otherwise he had not been discharged L. Preston My Lord I beg leave Mr. S. Thompson Besides My Lord what my L. Preston offers is a matter of Record as all Letters Patents are and tho out of his hands he might have had recourse to the Record of the Inrolment L. Preston For that my Lord I must humbly beg of your Lordships a little time to put my self in a Capacity to plead it in Form If you will over rule it I can say nothing to it I offer it with all the modesty and respect imaginable L. C. J. Holt. It shall do your Lordship no prejudice My Lord God forbid but that you should make use of all advantages that you can invent for your defence But my Lord we must tell you what you have offered is nothing that we can take any notice of unless you had your Patent to produce and we cannot give your Lordship time to plead to the Jurisdiction of the Court. L. Preston Then if your Lordships are pleased to over rule this matter I submit but I hope you will give me leave to make all the just defence I can for my self Does your Lordship over rule me in it L. C. J. Holt. I suppose we are all of the same Opinion if not I suppose they will declare their minds L. C. J. Pollexfen That which has been said by Mr. Sollicitor was only that you and all the World may be satisfied that there is nothing of hardship put upon you But the Court if this had not been said yet could take no notice of what you say unless it were pleaded and pleaded in a legal Form But if the matter be as the Kings Counsel have represented it that this Patent you now pretend to have hath already had its determination in a proper place this Court which is an Inferiour Court to that of the Lords in Parliament cannot intermeddle with it We cannot help you nor can we set up what was condemned there So that you can entertain no hope or expectation of our doing any thing for you in this matter or any releif or help by such a Plea L. Ch. Baron My L. Preston you may remember I am sure some of us that were there present do that you did decline further insisting upon this matter in the House of Lords and thereupon you had that great favour from the House shewn you as the King's Counsel have opened L. Preston I did decline it 't is true my Lord when they had declared it a Misdemeanour I made my application to the Court and therein declared I was sorry for having misdemeaned my self M. S. Thompson If your Lordships please we will read the very Orders of the House of Lords to satisfie my L. Preston that we put no hardship upon him L. Preston If there be any thing of hardship upon me in this Case it is because I think I have a Right to insist upon this matter and cannot have an occasion or power to have that which I would make my Defence by L. C. J. Holt. Your Lordship shall have a fair Tryal if you will please to put your self in a Condition to be tryed by pleading to the Indictment M. B. Lechmere The Lords in Parliament have disclaimed you for being a Peer and we cannot make you one L. Preston My Lord I hope your Lordships will put no hard thing upon me but give me leave and your Lordships help to make my defence L. C. J. Holt. You shall by the Grace of God have all the liberty you can desire to make your defence But you must first plead L. Preston Since your Lordships are pleased to over rule me in this Case I shall say no more of it I did not intend to offer any thing that might be an offence to the Court L. C. J. Holt. As I told your Lordship before so I assure you now again it shall do you no prejudice L. Preston Then if your Lordship please since the Language is different in which the Indictment is written from that in which it was read and some things may be of different signification in both Languages I desire the Indictment may be read in Latin L. C. J. Holt. Read it in Latin L. Preston I have one thing to beg of your Lordship before it be read L. C. J. Holt. What is it you desire my Lord. L. Preston My Lord I humbly desire because I cannot retain all the Contents in my memory that my Sollicitor may have leave to stand by me L. C. J. Pollexfen Do you all joyn in this desire for if you should each of you severally have it read a great many times over they that take Notes in short-hand may take a Copy of it as it is read and a Copy not to be allowed L. C. J. Holt. If we find they desire to be troublesome we can over rule them L. Preston I would be guilty of nothing that may give the Court offence nor offer any thing that should take up the time of the Court unnecessarily L. C. J. Holt. If they would have it read in Latin let it be read L. Preston If it be troublesome to the Court I wave it my Lord. L. C. J. Holt. No we do not think it troublesome L. C. J. Pollexfen Mr. Ashton and Mr. Ellyott do you also desire to have it read again Ashton Ellyott We all joyn with my Lord and desire it may be read in Latin L. C. J. Holt. Read it Which was done Cl. of Arr. Juratores pro Domino Rege Domina Regina super Sacramentum suum presentant quod contra formam Statuti in eo casu editi provisi L. Preston My Lord I am sorry I have taken up so much of your time I thought the difference of Language might have made some mistake which I thought would be of advantage to me in my Tryal And for the same reason I humbly request you will please to order me a Copy of the Indictment L. C. J. Holt. My Lord that we cannot do it hath been frequently demanded upon these occasions but always denied
I have always known it denied L. Preston Your Lordship will give me leave to say what your Lordship must needs know much better than I there is a Statute in the 46 of Edw. 3. that doth order a Copy of any Record to any Prisoner or other Person if he demand it And it has been granted as I am informed in other Cases particularly in the Case of Colonel Sidney L. C. J. Holt. No my Lord it was denied in Colonel Sidneys Case L. Preston If I mistake I beg your Lordships pardon It is a Reason in a late Law made for the Reversal of Mr. Cornishes Attainder The Parliament do there say that it was not a legal Tryal because he had not a Copy of the Indictment and time given him to prepare for his defence L. C. J. Holt. Truly my Lord I do not know how that matter stands That Reversal of Mr. Cornishes Attainder is but a private Act of Parliament I never saw it nor heard it read nor can we take notice of it But your Lordship is to be Tryed by the same methods of Law that all Persons that have gone before you have always been it has always been the course that the Prisoner should not have a Copy of his Indictment Col. Sidney had it not and I remember in the Case of Sir Hen. Vane in the year 1662 he demanded a Copy of the Indictment and it was denyed him and it has been constantly denyed ever since in all such Cases L. Preston I humbly desire to know whether it was not granted in the Case of my Lord Russel L. C. J. Holt. No indeed my Lord my Lord Russel had it not I can take it upon me to say that for I know all the proceedings in that Cause L. C. J. Pollexfen No my Lord never any Man had it in all my experience L. C. J. Holt. Some of us that are here were of Council for my Lord Russel at that time and we did not advise him to demand a Copy of the Indictment for we knew he could not have it by Law L. Preston I am very tender of taking up your Lordships time unnecessarily but it stands me upon to do all I can to defend my self may not I have my Counsel heard to that point because if it be a point of Law though your Lordships are of Counsel for the Prisoner yet I beg that I may have my Counsel heard to argue it L. C. J. Holt. To what point would you have your Counsel heard L. Preston To that point whether I may not have a Copy of my Indictment according to the 46. of Ed. 3. that is the point I would have my Counsel heard to L. C. J. Holt. There is no such Statute as your Lordship mentions that gives the Prisoner a Copy of his Indictment Mr. Jones If your Lordship please to hear me for my L. Preston L. C. J. Holt. Nay Mr. Jones you are mistaken in this matter If my Lord himself will shew that there is any such Statute we will consider of it and if it be a matter that requires debate we may assign my Lord Counsel to argue it but till then Counsel are not to be heard My L. Preston if your Lordship can shew us that Statute pray do L. Preston My Lord I desire none if it be not so L. C. J. Holt. I have heard a discourse concerning such a Statute but I could never find it L. Preston I suppose my Sollicitor is here with it there is such a Statute my Lord. L. C. J. Pollexfen The Court over ruled it in the Case of Sir H. Vane L. C. J. Holt. And so it was I remember in another Case and in none of the Trials that have been since King Charles the Second came in was ever a Copy given that I know or heard of Mr. Soll. Gen. My Lord this Statute that my L. Preston mentions the 46 of Ed. 3. is printed at large in the Preface to my Lord Cokes 3d. Report and has been insisted upon in several Cases in the Kings Bench where the Prisoner has desired a Copy of his Indictment but a Copy has been alwayes denied and this Statute has been taken to extend only to Records which may be Evidence for the Subject L. C. J. Pollexfen 'T was alwayes ruled that it did not extent to this matter L. C. J. Holt. My Lord 't is a misconstruction of that Statute that your Lordship thinks that it gives the Prisoner a Copy of his Indictment For that Statute sayes that all persons shall be free to make use of the Publick Records and take Copies of them because oftentimes the Records are Evidences of Mens Estates and their Titles L. Preston My Lord an Indictment I suppose is a Record L. C. J. Holt. But not such a Record as is within the intent of that Statute L. Preston My Lord I am tender of taking up your Lordships time but since all that is dear to me is at stake I desire to this point I may be heard by Counsel L C. J. Pollexfen My Lord I am satisfied you have had Counsel with you I have heard a great many Does any one of them tell you that this has been done If ever an one of them will come and shew us when it haseen done you say something but I dare say none of them will or can Mr. Jones there is as like as any body but I believe he will not say it ever was done L. Preston My Lord I cannot say my Counsel has told me so but I have read such a Statute my self for it stands me upon it and I believe there is such a Statute and it will be produced before your Lordships If your Lordships will insist upon not allowing me a Copy I desire I may be heard to it by my Counsel for I take it to be a point of Law with humble submission to your Lordships L. C. J. Holt. My Lord we must not hear Counsel to debate plain points that have no manner of Question in them It has been alwayes disallowed and 't is a setled point at Law and as plain as any whatsoever that no Copy of an Indictment ought to be allowed to a Prisoner in Felony or Treason L. Preston My Lord there is a Statute that sayes it shall be allowed to all Persons to have Copies of Records as well for as against the King and certainly the Indictment is a Record and a Record of great consequence to me at this time and though my Counsel has not told me when it was done yet those that I have advised with do say that the Statute is express L. C. Baron If any doubtful words be in such a Statute yet the constant practice must expound it and since it has been so often denied nay always the law is now settled that it is not within the meaning of that Statute L. C. J. Holt. We must go in the way of our Predecessors we received the law from them and must not
Forces of a Declared Enemy These are the things that the Prisoners are charged with and certainly there ought to be no delay in the searching into such Matters as these They have had a Weeks notice of Tryal already and for many days of that week at least they have had as many Councel to assist them as they desired and all the Sollicitors that they had a mind to have had free access to them so that they have wanted no opportunity to prepare for their Tryal that Men in their Circumstances could have As to what has been said with relation to the Jury the Law indulges them in the Number of their peremptory Challenges without being put to shew Cause and the Court hath granted them at the very instant of their Pleading a Copy of the Pannel and there is a reasonable time between this and to morrow for their making such Enquiry into the Jury as is justifiable and fit to be made But if by time to look into the Jury it be meant that there may be a time for tampering that I am sure your tenderness of the Government will not permit you will take care as much that no such thing be done as you will that they should not be surprized If your Lordships are pleased that the Tryal be put off till to morrow we will be ready to morrow to attend it L. Preston My Lord 't is a very hard presumption that Mr. Sollicitor makes of our asking a Copy of the Pannel that it is with a design to tamper with the Jury Mr. Sol. Gen. I did not say so but I said till to morrow was time enough to make a Justifiable Enquiry L. Preston But if I be to be tryed to morrow I am willing to be tryed to day for I am as ready now as I shall be then L. C. J. Holt. It may be so and as ready as you will be after the Term But I know not what your Lordship means by expressing such resentment that because you can't have what time allowed you would therefore you will have none but be tryed now L. C. J. Pollexfen You may have time enough to prepare your self as to the Jury certainly between this and to morrow Mr. Serj. Thompson My Lord we that are for the King have given these Gentlemen notice long enough to be prepared if we should try them now for that 's the time we gave notice for but because we would indulge them as far as we could we are willing that they should have till to morrow and intending them that kindness are not ready to try them to day and there can be no pretence for them to put off this Tryal any longer for there can be no want of Evidence as to the Fact we charge them with for all the Evidence that we shall bring against them was taken from themselves or the greatest part of it L. C. J. Holt. Well What time will you be ready then Mr. Serj. Tompson To morrow morning L. C. J. Holt. Then to morrow at Eight a Clock you are to be tryed L. C. Pollexfen My Lord Preston do but consider you had seven days notice and to morrow makes eight L. C. J. Holt. You had notice for this day this day sevenight Mr. Ashton But we have had only three days time to consult with our Councel though we desired we might have our Councel come to us that day Mr. Sol. Gen. They were told they must apply themselves to the King for that at the same time Mr. Ashton We did do so that night to my Lord Sydney then Sunday interven'd which was no day for Business and we could not have our Order On Monday we could not have it till night so that it was Tuesday before we could get any Body to us My Lord it is a Weighty concern and all such hasty Proceedings were thought very hard in the late Times and particularly the denying Mr. Cornish time and 't is one of the Reasons given in this Kings Declaration for his coming here into England the hardships that the Law laid upon Men in their Tryals which he came to prevent L. C. J. Pollexfen The hardship that was upon Mr. Cornish was that he was taken upon the Tuesday off from the Exchange and tryed before that day sevenight and that was hard indeed but besides he was taken about his Business off from the Exchange I know not whether you were about your Business your Lawful Business when you were taken God of Heaven knows that And pray consider here is a matter of very great consequence on the one side and on the other For if Men be Plotting against the Government to give them time to carry on their Plots will be mischievous on that side Mr. Ashton My Lord till that be legally proved before your Lordships that is but a supposition L. C. J. Pollexfen That will lie upon them to prove L. C. J. Holt. Mr. Ashton we are to suppose you not Guilty till you are proved Guilty Mr. Ashton Then my Lord the Law says we may except against so many Persons what is the end of the giving us a Copy of the Pannel 't is not to be presumed we can do it by their Faces for what can I say to the Face of one I never saw We must enquire concerning the Men and that is a work of time for some of these Gentlemen I presume live eight or ten miles out of Town Is it possible for me before to morrow morning eight a Clock to send to 35 Men to enquire after them L. C. J. Holt. No nor is it intended you should L. C. J. Pollexfen Nay if you intend to send to the Jury-Men we have no reason to give you time Mr. Ashton I mean to enquire after the Men their Lives what Religion they are of what sort of Men they are L. C. J. Holt. I suppose they are all Protestants of the Church of England but suppose they are all Strangers to you and yet good and lawful Men of the County and there be no difference between you and them then they are fit to try you Mr. Ashton 'T is true my Lord but if I have liberty to except against 35 I ought to know something of them L. C. J. Pollexfen Yes and inform your self as well as you can of them but not to send to them that is not to be permitted L. Preston There is another Point to enquire of them and that is Whether they be Freeholders or not L. C. J. Pollexfen We have neither you Lordships Affidavit nor the Oath of any other Person only an Allegation L. C. J. Holt. My Lord you must expect your Tryal to Morrow Morning we cannot put it off we are limited in time the Sessions can hold no longer than Monday because of the Term. Mr. Ashton Then will your Lordship please to put it off till Monday L. C. J. Holt. No we shall not have time to do it it may be a long Tryal L. Preston I protest
to your Lordships I cannot be ready to Morrow to make that Defence I desire and design to make and which I may make if your Lordships give me a longer day Clerk of Arraignments Here is a Coppy of the Pannel for your Lordship It was delivered to the Lord Preston who gave it to his Sollicitor Mr. Ashton My Lord we shall not have time to enquire into the Jury L. C. J. Holt. Look you we are not bound to do this but you have it as soon as you have Pleaded Mr. Ashton My Lord it will take up 5 or 6 Hours in writing of it out and we must each have a Copy Mr. Sol. General They are all joyned in one Indictment and have joynt-Counsel and joynt-Sollicitors as we are informed Mr. Ashton Then I hope you will allow us liberty till Monday for our Tryal L. C. J. Pollexfen The Court cannot allow longer time the Court here can Sit no longer than Monday and here must needs be a great deal of Business to do of the ordinary Business of the Sessions and when that day comes perhaps it will not serve to go through with the Tryal and then it must be Adjourned till after the Term and in the mean while some are in hopes the King of France may come and determine the Matter Mr. Ashton Pray my Lord Let no Suggestion against us prepossess the Opinion of the Court before we be Tryed L. C. J. Pollexfen I don't Suggest any thing but 't is in the Indictment alleadged against you and that you are to be Tryed upon and if such things be there Suggested as we would give you all reasonable time for your Defence so we must take care that the Government sustain no hurt by delays L. C. J. Holt. It is observed by the King's Counsel that they are Things of very great Consequence and therefore they press for the Tryal L. C. J. Pollexfen I cannot believe but that you will be as ready to Morrow as you can be on Monday Mr. Ashton The Government cannot be prejudiced by putting of it off till Monday sure L. C. J. Pollexfen The Evidence that is to Convict you lies all on their Side that are for the King and I cannot imagine where your Witnesses should be unless they are in France but you had reason to exepect your Tryal being apprehended in the manner as you were and to provide for it L. C. J. Holt. The want of Witnesses is only a Surmise and a Pretence for there is no Oath of any Witnesses that they want or who they are indeed if we had Oath made that they wanted material Witnesses and to material Points for their Defence that might be occasion for our further Consideration but shall we put off a Tryal upon a bare suggestion of the want of Witnesses sure that was never done L. C. J. Pollexfen Name any one particular Man that is your Witness and the particular thing that he can prove for if any of your Witnesses do know any thing of this kind it must be particulars and not Generals If you will not name them it is plain it is only a pretence you insist upon for delay Mr. Ashton My Lord I insist upon the point of the Jury that we have not time to look after them L. C. J. Holt. Then that of the Witnesses is waved L. Preston 'T was I that desired Time for my Witnesses L. C. J. Pollexfen But you neither name them nor bring us any Oath about them or of any thing they can prove for you L. C. J. Holt. Pray don't spend the time of the Court nor you own time unnecessarily you must prepare for your Tryal to Morrow Mr. Ashton My Lord there is not a person in Court I believe but will think it hard that we are so straitned in time L. C. J. Holt. The time you have had notice to prepare for your Tryal is sufficient Mr. Ashton Mr. Cornish's Case has been complained of as a very hard Case in this very respect and we would hope the King that now is came to Reform such abuses L. C. J. Holt. You have been already told wherein the hardship of that Case lay I am sure yours is not like it but take notice we will be Sitting here punctually at Eight L. Preston Will your Lordship please to let us have our Counsel come to us and our Friends L. C. J. Holt. Yes sure you shall have all that is necessary for your Defence that we can allow you but unnecessary Delays must be avoided Then the Prisoners were taken away by the Keeper of Newgate to the Goal Sabbati xvii January 1690. THis Day between the Hours of Eight and Nine in the Morning the Court being sat and those Persons who were return'd upon the Jury were called over twice and their Appearances Recorded then the Prisoners were brought to the Bar. Clerk of Arraignments You the Prisoners at the Bar these 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 Tryal of your several Lives and Deaths If therefore you or any of you will Challenge them or any of them your time is to Challenge them as they come to the Book to be Sworn and before they be Sworn L. Preston My Lord I beg your Lordship will inform me whether if I have any thing to offer to the Court it is proper before the Jury be impanelled or after L. C. J. Holt. My Lord I don't know what your Lordship has to offer I think you have nothing to offer why the Jury should not be Sworn for now your Lordship has put your Self upon your Tryal and are going to proceed in that Tryal and the Jury are going to be Sworn if you have any thing to offer as to them you may Challenge them L. Preston Truly my Lord I have something to offer but it is only what I did humbly offer yesterday and that is that my warning was so short that I am not prepared for my Tryal We had not above three or four days wherein we might consult about it all the former time we have been kept close Prisoners we are now brought here to be Tryed without having time to look into the Pannel of our Jury The Pannel we had not till yesterday and I humbly beg that I may have some time to prepare for my Defence L. C. J. Holt. My Lord this is that which you insisted upon yesterday Your Lordship then said you wanted your Witnesses and your Lordship did not then mention what Witnesses you wanted nor was any Oath made of any one that you wanted and therefore the Court over-rul'd you and wished you to prepare for your Tryal and would not put it off For if it should not be to Day but should be put off till another time it must be the putting of it off till another Sessions for we are streightened with it in point of time for the Session can last
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
you see him put something in his Bosom when he went down Did you observe whence he took it Johnson It was upon the Gravel and there were a couple of Seals which we afterwards took up lying by and I believe he took up the Pacquet and forgot the Seals Mr. Serj. Tremain Pray let us see the Seals Mr. Soll. Gen. Your Lordship observes the Pacquet was not at first in Mr. Ashton's Bosom L. C. J. Holt. No it was not Mr. Sol. Gen. But he took it up from the place where the Seals lay and put it in his Bosom Pray in what place did this Pacquet and these Seals lie Johnson Upon the Ballast for they had shoved away the Board Mr. Sol. Gen. Was my Lord Preston upon the Ballast Johnson Yes my Lord lay almost upon his Back he was the first that we saw and he came out first they were all four lying together there Mr. Sol. Gen. Who lay next my L. Preston Johnson My Lord's Footman Mr. Ashton lay next and Mr. Ellyot lay next Mr. Sol. Gen. Where were the Seals then Johnson My Lord was the first that I see come up Mr. Sol. Gen. But I ask you where the Seals were Johnson The Seals were down upon the Ballast whether they were my Lord's or no I cannot tell or whose they were Mr. Serj. Tremain Now that we will ask Capt. Billop Are these the Seals C. Billop Yes these are the Seals this Man gave me Johnson I took them from off the Ballast Mr. Serj. Thompson Did my Lord own these to be his Seals C. Billop I did not ask him that I know of Mr. Serj. Thompson Well Johnson go on tell what you know further Johnson After we came to Long-reach a Gentleman that had a long Perriwig a black Gentleman Mr. Ellyot I think they call him had a pair of Whiskers on when he was taken and he took a pair of Siscers and cut them both off and he said if ever he liv'd he should remember me having a Tooth out because I was so sharp upon him to make him come out And when we came on board the George Frigat in Long-reach my Lord's Man came to me and said he would give me something to drink if I would deliver him the Seals Ld C. J. Holt. Had you any Discourse with my Ld Preston himself about them Johnson No it was his Footman that came to me and said there was no body there but my self and him I had them and he would give me something to drink if I would deliver them but I delivered them to Capt. Billop Ld Preston My Lord may I ask a Question or two of this Witness Ld C. J. Holt. Yes my Lord if they have done with him What say you Brother Thompson Mr. S. Thompson We shall have done with him presently my Lord. Pray had you any Money given you Johnson No but my Ld gave the Ship 's Company ten Shillings to drink and one piece was a Brass Half-Crown Mr. S. Thompson What did they say as they went along as you remember Johnson They had a great deal of Discourse while we rowed I was at the next Oar to them but I cannot tell what ' t was Mr. S. Thompson Who did discourse Johnson Ashton Elliot and the Captain Mr. S. Thompson Cannot you remember what they said any of them Johnson They did talk together several times Elliot said he was a-cold and came and rowed at the Oar awhile and Elliot swore an Oath says he they row all as if they were rowing to Prison but truly I did not much mind their Discourse I minded my rowing There were some Victuals handed to us which we did eat Mr. S. Tremain Did Elliot seem to be angry What did he say Johnson Elliot wished that a Thunderbolt might drop into the Boat several times and sink it and when we went through Bridg against Tide he wished that London-Bridg might have fallen upon our Heads Ld Preston Now I would ask him if your Lordship please Did you see Ashton take up the Pacquet Johnson Yes I did as it lay by the Seals Ld Preston I perceive there seems to be some stress laid upon my lying next to Mr. Ashton and my Seals lying by the Pacquet Ld C. J. Holt. My Lord here has been no Inference made from that yet by the King's Counsel Ld Preston My Lord it is in vain to deny we were all together there Johnson You were the first that I see my Lord. Ld Preston We were all together but there is no such thing to be gathered from thence as they would infinuate but I suppose 't would be deduced from hence as if this Pacquet because it lay near these Seals should be my Pacquet Ld C. J. Holt. We have not yet heard my Lord what use they will make of it Ld Preston But I desire to take notice of it my Lord and I think it is a very hard Presumption because we were in one place and the Seals at a little distance from the Pacquet therefore the Pacquet must be presumed to be mine I hope it shall not be presumed against me Ld C. J. Holt. Since your Lordship mentions it I will take notice a little of it too It is only a Circumstantial Evidence that is made use of against you how far it will weigh is to be left to the Jury vvhen all the Evidence is heard The Pacquet is found in the place vvhere your Lordship lay and by it Seals that belong to you one is the Seal of your Office as Secretary of State the other is your own proper Coat of Arms. Jury-man With submission my Lord I desire this Witness may be asked this Question Whether he savv Capt. Billop take the Pacquet out of Ashton's Bosom Johnson Yes I did Jury-man And Whether he savv Billop deliver the same Pacquet to my Lord Nottingham Johnson No I did not Ld C. J. Holt. You Gentlemen of the Jury consider this he vvas not then by Capt. Billop tells you that very Pacquet which he took out of Ashton's Bosom he carried to my Ld Nottingham and he tells you my Lord opened it in his presence and he is sure he put all the Papers together again and set his own Seal upon them and then he took them from my Ld Nottingham and carried them to my Ld President Johnson As soon as I came to White-hall I was set Sentinel over those three Men that came out of the Smack and was not admitted into the Room Mr. Sol. Gen. Then we must desire my Ld Nottingham may be sworn The Earl of Nottingham sworn Mr. S. Tremain Where are the Papers E. of Nottingham Mr. Bridgman I think you have the Papers Mr. Sol. Gen. Pray my Lord Does your Lordship remember Capt. Billop brought a Bundle of Papers to you and what became of them Will your Lordship be pleased to give the Court and the Jury an account of it E. of Nottingham My Lord all that I have to say in this matter is Capt.
delivered to him were sent back by him sealed and delivered to my Ld President my Ld President brought them all to the Cabinet-Council and delivered them to my Ld Sidney and this my Ld Sidney says is one of those Papers Ld Preston My Lord I have a very great Honour for that Noble Lord and I am sure if he had not been upon his Oath he would have said that which was truth but in this condition that I am in I must crave leave to observe every thing I can for my self and I cannot but say these Papers are very oddly managed and delivered up and down from one hand to another I desire your Lordship would please to observe that these Papers are here brought after a very odd manner Mr. S. Thompson My Ld Preston you are not to sum up the Evidence to the Jury till we have done nor to make your Observations Ld C. J. Holt. Brother my Lord opposes the reading of the Paper as not well proved Ld Preston I do so my Lord and I hope your Lordship will advise me whether you do think it a sufficient Evidence and Proof of these Papers they are Papers that have been copied out and sent unsealed from hand to hand by some Mestengers from one to another and which now appear to be unsealed and some of which he that took them cannot swear to Jury-man My Lord we cannot hear one word that is said Ld Preston That is my misfortune but I am urging to my Lords the Judges whether this Paper ought to be read and I desire your Lordship to advise me whether it can be admitted as Evidence being thus oddly proved Ld C. J. Holt. It is Evidence surely my Lord but the Question is What Credit the Jury will give to this Evidence the Jury are Judges of that but certainly it is Evidence to have the Paper read Ld Preston I doubt not but your Lordship will do me Justice and I readily acquiesce in what your Lordships do appoint Ld C. J. Pollexfen Pray my Lord see how the Evidence stands about this matter first it is sworn by Billop that he took a Bundle of Papers tho 't is true the Particulars he does not undertake to swear to Well what is next why says he all that was in that Bundle I carried to my Ld Nottingham and I received from my Ld Nottingham all that I carried to him What says my my Ld Nottingham he swears I delivered back again to Capt. Billop the same Papers he delivered to me and all and no more sealed up with my Seal When he has it sealed up what does he do with it why he carries it to my Ld President Is there any possibility of creeping out of this Evidence Well he delivers them to my Ld Sidney and my Ld Sidney says this is one of those Papers Can there be a plainer Evidence than this when he says all he had he carried to my Ld Nottingham and my Ld Nottingham swears all he did receive he sent back sealed by him to my Ld President and my Ld President swears all he received so sealed he gave to my Ld Sidney and my Ld Sidney swears this is one of those Papers Ld Preston But your Lordship will please to observe they were carried to the King and they were in the hands of my Ld Marlborough L. C. J. Holt. No my Lord not out of the sight of my Lord President My Lord President says my Lord Marlborough marked some of them but they were delivered to my Lord Sydney and my Lord Sydney does say they are the same Papers that he had from my Lord President and my Lord President says they are the same that were brought him by Captain Billop from my Lord Nottingham and my Lord Nottingham swears he sealed them the same Papers all and no more than he received from Captain Billop L. C. Baron Your Lordship should observe where the defect of the Proof is and then it may be supplyed for truly put it altogether I cannot see how there could be a plainer Proof given Lord Preston My Lord I desire to be heard as to this my Lord President was pleased to say that some of them were delivered to the King L. C. J. Holt. No they were shewn to the King but my Lord President was by all the while the King did read them Lord Preston My Lord where a Mans Life lyes at stake and all that is dear to him your Lordship will certainly allow him to make what observations he can for himself L. C. J. Holt. Ay in Gods Name by all means You shall have all the Liberty you can desire Mr. Soll. Gen. My Lord we desire my Lord President will be pleased to look upon those Papers Which was done Lord President This is one of the Papers that I received from Captain Billop and which I shewed to the King and which I brought to the Cabinet Council and this is another of the Papers Lord Preston Pray my Lord was your Lordship by when His Majesty read those Letters Lord President Yes my Lord I was Lord Preston My Lord I ask it for this end to know whether they were out of your Lordships sight Lord President No never I was in the Kings Cabinet His Majesty read some of them and then put them up again and gave them me and I delivered them at the Cabinet Council to my Lord Sydney Mr. Soll. Gen. My Lord we desire this Paper may be read L. C. J. Holt. Read it Clerk of the Peace Reads The result of a Conference between some Lords and Gentlemen both Tories and Whigs in which it was undertaken to prove the possibility and method of restoring by a Fr. Power without endangering the Protestant Religion and Civil Administration according to the Laws of this Kingdom 1. F. Must either Oblige or Conquer us If the last he will find few helps here but a bloodyer resistance then ever the Romans Saxons or Normans found It being incredible how unanimous and obstinate that very thought renders the People so that it may make us a heap of ruin but no Nation that can ever help or import any thing to F. 2. If K. L. desires to oblige Vs and make the Work easie that he may be at leisure to ply the Empire or Italy or to have an advantagious Peace he must take off the frightful Character we have of him and shew us he has no such design as returning our Offended K. a Conqueror upon us but that he can and will be our Friend and Mediator upon which terms he will find that many Lords and Gentlemen will speedily shew themselves to his Satisfaction especially if he makes haste and looses no approaching Opportunity 3. If he incline to this sort of Sense he must over-rule the Bigotry of St. G. and dispose their Minds to think of those Methods that are more likely to gain the Nation for there is one silly thing or other daily done there that comes to our notice here
Preston My Lord I leave these things to the consideration of the Court and the Jury L. C. J. Holt. Your Lordship insists upon it first that there is no act of Treason proved in the County of Middlesex and then whether similitude of Hands be a good proof to prove these three Papers or any of them to be your hand L. Preston No body saying they see me write them if I did write them L. C. J. Pollexfen My Lord have you no Witnesses nor nothing that you would use of Evidence for yourself L. C. J. Holt. Would your Lordship disprove any thing of the matter that has been proved against you Lord Preston I must deny the whole Fact but I have no Witnesses or Evidence to offer you L. C. J. Holt. Then your Lordship has no more to say Lord Preston I have not I must leave it so with your Lordship and the Gentlemen of the Jury Mr. Sol. Gen. We shall offer nothing farther but leave it wholly to your Lordship L. C. J. Holt. Your Lordship has done then Lord Preston Your Lordship observes none of the Witnesses have declared that I was going into France nor knew any thing of it I did not hire the Ship nor any thing of that kind tho' I suppose if they had it is not Treason but your Lordship observes there is no such thing has been sworn L. C. J. Holt. My Lord as to the first matter that your Lordship makes a Question upon Whether there be any act of Treason proved in Middlesex that does depend upon the Proof of your Lordship's being concerned in the Papers for if your Lordship had an intention in carrying these Papers into France which speaks a design to Invade this Realm your Lordship took Boat in Middlesex at Surrey-Stairs in prosecution of that intention there is an Overt-act in this County of Middlesex Lord Preston Your Lordship and the Gentlemen of the Jurie observe these Papers were not found upon me L. C. J. Holt. No my Lord but if it be proved that your Lordship had an intention to carry these Papers into France and took Boat in order to go with them into France in the County of Middlesex where-ever your Lordship acted in order to that design that is Treason and there you are guilty It is a Treason complicated of several Facts done in several places Lord Preston My Lord I humbly desire to know whether they have been proved to be my Parpers L. C. J. Holt. That is a Question that must be left to the Jurie upon the Evidence L. Prest No body swears they are mine nor were they found upon me L. C. J. Holt. But what I am speaking to your Lordship is in answer to your Question about the place for you say that there is nothing proved done in the County of Middlesex now the question is whether your Lordship had a design to go to France with these Papers if you had and if your Lordship did go on Ship-board in order to it your taking Boat in Middlesex in order to go on Ship-board is a Fact done in the County of Middlesex L. Prest It is not proved by any Witnesses that I designed to go into France L. C. J. Holt. That is before the Jury upon the Evidence L. Prest I hope your Lordship and the Jury will observe 't is not proved and in the next place there are no Papers taken upon me with humble submission there is no proof of any such thing L. C. J. Holt. Well how far your Lordship was concerned in these Papers and whether you were going with them into France is to be left upon the Evidence that hath been heard to the consideration of the Jury L. Preston But I humbly submit that L. C. J. Holt. Have you any more to say L. Preston As to what I offer that nothing has been proved in Middlesex I hope your Lordship will take it to be a Point of Law and then it ought to be argued and I desire I may have Councel L. C. J. Holt. No 't is a Matter of Fact only but if you please the rest of my Lords the Judges may give you their Opinion for this is a Question upon a supposition that your Lordship was guilty of a Design of going into France and this with a purpose to depose the King and alter the Government then the Question is upon such a Supposition that you were guilty of that Design whether you were guilty in Middlesex or no. L. Preston My Lord they have not proved that design L. C. J. Holt. We do not say it is taken for granted now but 't is a Question upon a Supposition Now my Lord I 'll tell your Lordship in short my Opinion the rest of the Judges will tell you theirs I am of Opinion if your Lordship had such a Design to go with these Papers into France and these Papers were formed by you or you were privy to the Contents of them then it is plainly proved that you went into a Boat in the County of Middlesex in order to carry on this Design and that will make it a good Indictment and here is a plain Overt-act of High-Treason in Middlesex L. C. J. Pollexfen I am of the same Opinion for your Fact as to this particular Point in Law stands thus You are Indicted of High-Treason in two Points one is For Conspiring to Depose the King and Queen and alter the Government and the other is For Aiding and Assisting the French King and his Subjects declared Enemies and in open War against the King and Queen and to invite the Enemies of the Kingdom to invade the Kingdom Now this Design and this Help and Assistance are written in these Papers for they are Instructions for the carrying on of this Design You my Lord are the Person that is charged to go with these Papers to help on this Design you began your Journey in the County of Middlesex for according to the Evidence you took Water at Surrey-stairs which is in the County of Middlesex and every step you made in pursuance of this Journey is Treason where-ever it was So then here is a sufficient proof of a Fact in Middlesex L. Preston That my Lord is a Point of Law and I humbly desire your Lordship that I may have Councel in this Case It is not proved by any Body that I said I would go into France and in the next place it is not proved that I had these Papers about me there has been no Evidence given that I did take Water with an intention to go with these Papers into France L. C. J. Holt. The Jury are to be Judges of that L. Prest Then my Lord what have I done I have not done an thing within the danger of any Statute upon which I am Indicted besides my Lord what I have to offer further is this I think I ought to have two credible Witnesses to prove every Fact and I hope the Gentlemen of the Jury will consider there
is nothing but Supposition as to me and I hope I and my Family shall not be ruined upon a Supposition L. C. J. Holt. Has your Lordship any more to say L. Prest All the Judges have not given their Opinion L. C. J. Holt. The rest will give their Opinions if you desire it My Lord Chief Baron what say you L. C. Baron My Lord Preston I am called upon it seems to give my Opinion in this Case but this I take it must be left to the Jury What credit they will give to the proof your Lordship makes a Question as the proof stands Whether here be any thing done in this County here are Instructions given to the French King how to Invade England and Carry on the War against us These Instructions are contained in several Papers and these Papers in a Pacquet are carried to the Smack which Smack was hired to go to France You are found taking water at Surrey-Stairs which is in the County of Middlesex in order to go to the Smack You did go to the Smack the Papers were taken in your Company and were seen lying by your Seals and the Witnesses swear they believe some of them to be your Hand you took care to desire to have them disposed of Now how far the Jury will believe this Matter of Fact that is thus testified is left to them this seems to be the Proof and if the Jury do believe it here is a Plain Evidence of an Overt Act in the County of Middlesex L. Preston I do insist upon it with humble submission It is not proved that these Papers were taken upon me or that I did take water at Surrey-Stairs to go to France L. C. Baron That must be collected out of all the Circumstances the Credit of which is left to the Jury L. Ch. J. Holt. All the rest of my Lords the Judges are of the same opinion as they tell me Have you any more my Lord L. Preston I must submit L. C. J. Holt. Gentlemen of the Jury My Lord Preston stands Indicted for High Treason in imagining and compassing the Deposition Death and Destruction of the King and Queen and for that purpose did write or cause to be writ several treasonable Papers and Letters designed to go into France and there to correspond with the French King and his Subjects who are Enemies to the King and Queen and to carry with him those Treasonable Papers and Letters containing a Project and a formed Design how this Kingdom should be invaded by Foreigners There is another Treason in the Indictment mention'd and that is for adhering to the abetting the King's Enemies there being open War declared between the King and Queen and the French King You have heard Gentlemen a very long Evidence Witnesses have been produced viva voce and several Papers have been read to you some of the Papers that have been produced tho' they may seem misterious and canting yet they are not so very obscure and unintelligible but if you consider them well the meaning of them will appear Others of them are more express and do plainly demonstrate a Design that this King and Queen should be deposed and that there should be another Prince set upon the Throne and restored to the Government of this Kingdom Gentlemen There are two other Persons mentioned in the Indictment with my Lord and tho' my Lord is only now upon his Tryal yet the evidence which doth affect them doth also concern my Lord. You have heard how there was an Intention of some Persons to go to France and how Mr. Ashton one of the two others that stands indicted with my Lord did 〈◊〉 with one Mrs. Prat one of the Witnesses to hire a Vessel for that purpose and it was by the means of one Mr. Burdett that lives in the City they had a Meeting at Burdett's House where they treated about the Price that should be given for the Hire of this Ship to go to France but at that time they did not agree It was concluded that the Woman and Ashton and Burdett should meet at the Wonder Tavern but Mr. Burdett not being there nothing was concluded upon then After that the Woman Mr. Burdett and Ashton and Elliott met at Mrs. Burdett's the Woman insisted at first upon 150 l. After they had been treating for some time the Bargain was made to go to France for 100 l. Then the next thing considered was How this Money should be paid By agreement 93 Guinea's and 6 d. which made up the 100 l. was deposited in Mrs. Burdett's hand a Six-pence broken one part Mrs. Burdett had and the other part of the Six-pence Mr. Ashton had and when either Mrs. Pratt or the Master of the Vessel did bring back that part of the Six-pence that Ashton had to Mrs. Burdett the Money was to be paid After this Agreement they were appointed to go to the Seven Stars in Covent-Garden to the House of one Mr. Rigby and there the Woman Mrs. Pratt and the Master of the Vessel Ashton and Elliot met and they were that Night to go away and to take Water at some place near to go on Ship-bord and having stayed there till it was about ten a Clock at Night then they went away into the Strand and so into Surry-street and took Water at Surry-stairs But before that they came from Mr. Rigby's some Persons went to Surry-stairs to see for a Boat and met with that Fellow that was here produced who was a Sculler and did hire him to go through the Bridge when the Tide served and to carry some Gentlmen on Shipboard they agreed with him for half a Crown and he was to stay in an House near the Stairs until they came And at the time appointed Mr. Ashton and Mr. Elliot and the Master of the Vessel came to that place and my Lord Preston and his Man with them to take Water My Lord Preston was not at Burdett's House at the hiring of the Ship nor at Mr. Rigby's but it is proved by the Master of the Vessel that he took Water with the rest of them at Surry-stairs that he went with them on Shipboard and was to go along with them Being on Board the Ship they did appear to have some Apprehensions of Danger and passing by a Man of War my Lord Preston his Man and the other two went unto the Quarter-Hatches where they lay down to prevent themselves from being taken or discovered and they hid another time when they came near Gravesend and coming up they seeing a Boat coming towards them they hid themselves again Captain Billop who it seems was sent to apprehend them pretended he was to Press Seamen and when he came on Board the Smack he said he would Press the Mariners who answered they had a Protection But he being upon his Search pulled up the Boards of the Quarter-Hatches and there was my Lord Preston and the other Persons lying down It was not a place that was very
proper for Gentlemen or indeed for any Passengers to repose themselves in it was an uneasie place no body could stand or sit upright in it nay there was no convenient Place for lying down but they must lean upon their Elbows which posture those Gentlemen were in so that their purpose was plainly to conceal themselves and their concealing themselves must be because of some Design they were about which they would not have discovered They being taken out from under the Hatches one of the Witnesses tells you he saw a Pacquet lying there and Ashton pretending to fetch his Hat went down took it up and put the Pacquet into his Bosom and the Witnesses informing Captain Billop thereof he caused Ashton's Coat to be searched and from thence took the Pacquet and a piece of Lead tyed to it which was produced here in Court When they were bringing away in Custody they seemed all of them to be very much concerned about this Pacquet some of them that is Ashton and Elliot would have had it thrown with the Lead over-board My Lord Preston did not say so much but Complimented Captain Billop in this manner He was glad he was fallen into the hands of a Civil Gentleman a Person of worth and he should always acknowledge his Kindness and would do him all the service he could if he would dispose of the Pacquet My Lord Preston was searched at that time and Letters of no great moment taken about him Ashton and Elliot would have had Captain Billop to take those Letters which were taken in my Lord Preston's Pocket and tyed the Lead to them and have thrown the Pacquet over-board and to report to the King and Council That those Letters were the Pacquet that was taken with the Lead and so have perswaded him to be false to the Trust that was reposed in him And Ashton and Elliot used many Expressions to induce him to that Compliance they told him the Government was unstable and every Dog had his Day and the Tide would turn and that he would deserve very well if he would change sides and go with them where they were going and that he had opportunity to get any Preferment he would have Lord Preston My Lord I hope your Lordship observes that I said none of all this L. C. J. Holt. No my Lord I do not say you did my Lord Preston did not say any thing of all this but only about disposing of the Pacquet that his Lordship spoke of to Captain Billop and Complimented him and promised him Kindness if he would dispose of the Pacquet But Gentlemen as there was a Pacquet taken so there were two Seals taken at the same time and in the same place which have been produced and shewn to you they lay both of them upon the Balast under the Quarter-Hatches near the Pacquet the one of them is the Seal of my Lord Preston's own Coat of Arms the other Seal belongs to the Secretarys Office which Office my Lord once held in the late Reign Lord Preston I beg your Lordship would be pleased to observe that the Papers were not taken upon me and it can be no Treason to have Seals I suppose L. C. J. Holt. Good my Lord I will not do your Lordship any wrong I do not say that the Papers were taken about you no nor the Seals but only that they lay upon the Ballast from whence the Pacquet was taken And I say further That these Seals are not denyed by your Lordship to be your Seals the one is your own Seal of your Coat of Arms which was taken at that time and so I do not your Lordship any wrong and by the Grace of God will not Lord Preston It is no Crime I hope to have Seals L. C. J. Holt. I do say my Lord the Papers were taken about Ashton and not about your Lordship but they lay upon the Ballast where the Seals were and where your Lordship lay But how far my Lord Preston is concerned in this matter is to be considered by you of the Jury by and by Now Gentlemen you have heard how earnest Mr. Ashton and Mr. Elliot were one of them to wit Elliot wisht a Thunder-Bolt might strike the Boat under Water as they were coming back and when they came through Bridge he wisht that London-Bridge had fallen upon them and knockt them upon the head Lord Preston But I hope that is not to lye upon me neither for I said no such thing L. C. J. Holt. No But Ashton and Elliot did say these things and how the case stands as to that in Relation to your Lordship is to be considered It is proved they afterwards gave Mony to the Seamen half a Crowna piece to two of them to say they were going to Flanders and not to France Now Gentlemen that my Lord was on Board this Vessel that my Lord was under the Hatches and that the Papers were taken in this manner is beyond all contradiction So likewise that the Ship was hired for France that my Lord took Water at Surrey Stairs and was taken in this Vessel in that manner that you have heard The next thing Gentlemen is about the Papers I must tell you though there are several of them that do seem mysterious yet they are Papers that do shew a very great design of Deposing the King and Queen and a purpose of altering the present Government But Gentlemen I will mention to you those Papers that are very plain and leave you to consider what construction to put upon those that are obscure There is one Paper that seems to be instructions and heads for a Declaration that is to say That the King of France must not come with a design to make an intire Conquest L. Preston My Lord with submission to your Lordship I hope you will please to remember and observe to the Jury that Paper is not proved to be mine L. C. J. Holt. No my Lord I 'll do your Lordship no wrong but I cannot speak all my words at once L. Preston I am sure you will not my Lord but I beg leave to put your Lordship in mind L. C. J. Holt. Well then Gentlemen the Paper begins That the Kings Declaration is to be formed in general Terms that he will govern by the Laws that they shall be the Rule of his Actions that he will endeavour to settle Liberty of Conscience by a Law and that whatsover was done by him that gave any occasion of Jealousy shall be setled by Parliament That he hath given sufficient Proofs and Evidence of his not being willing to bring an Army of Strangers into the Kingdom by refusing the Succours the King of France offered him and that were ever ready to be Embarqued upon the first notice of the Prince of Orange's coming That he brings such an Army only as is necessary for his own Defence and securing such of his Loyal Subjects as should come to him and that he will dismiss them as soon as
not but it does not therefore follow that they were none of his Papers But you have Three Witnesses Mr. Townsend Mr. Bland and Mr. Warr produced to prove these Papers to be my Lords Hand Mr. Townsend says he was acquainted pretty well with my Lord Preston's Hand he was one of his Clerks in the Office of the Wardrobe he says he has seen my Lord write several times and does believe the Writing to be his Hand and to the same purpose says Bland and Mr. Warr swears to one of the Papers that he believes it to be my Lord Preston's Hand L. Preston I hope your Lordship will please to observe to the Jury That this is only a proof of Similitude of Hands no body see me write them L. C. J. Holt. They only say they do believe it to be your hand no body says they saw you write them if I omit any thing pray tell me when I have done Gentlemen there are other Papers which have been produced and read that are writ in Canting Terms which yet plainly shew the general Design they tell the Party that Council are of Opinion he has a very good Title they hope he will appear himself and if the cause be well solicited it may come to a hearing before the end of Easter Term. There is another matter mentioned in another Letter which is under the disguise of Trade That the Goods must come before the first of March And another of them says That unless the Copper and the Linnen come before the tenth of March they should lose this Summers Profit Gentlemen what can be the meaning of all this Lord Preston I know not indeed my Lord. L. C. J. Holt. In another of the Papers it is said 'T is thought our Fleet will be ready by March or April but they believe not till June Truly Gentlemen I have not been able to take the particulars of every Letter but I must leave it to your Observation only there is one of them that makes mention of acquainting my Lord with condition of the Writer and direction is therein given to speak to the Bearer and what other Lord was there but he in the Company Lord Preston I desire to observe my Lord that I was not the Bearer L. C. J. Holt. Truly my Lord I can't tell who was meant I must leave it to the Jury to judge of that but there was no other Lord in that Company Lord Preston I give your Lordship thanks for observing that it was not proved that they were taken upon me before but I beg your Pardon for interrupting of your Lordship L. C. J. Holt. Interrupt me as much as you please if I do not observe right I will assure you I will do you no wrong willingly Now Gentlemen the Question is in the first place Whether this be Treason and I told you before without question if any Persons do go into France to Negotiate such a design as this or do purpose to go into France and do any Act in order thereunto that is High Treason and these Letters do import High Treason as great as can be committed a Treason againg the King and Queen a Design to invade the Realm to subvert the Government to restore another Prince to the Throne by the assistance of Foreign Force There was a Design to delude and impose upon a great many People and those that would not be deluded into a belief by these fair Pretensions of Friendship they were to be subdued by an Army of Foreigners Then Gentlemen the next Question will be how far the Lord Preston is affected by this Evidence and whether you have sufficient proof from what has been offered to satisfie you that he is Guilty of this Treason or no. First my Lord tells you there has not been a clear proof that these are the Papers that were taken for saith he they have been conveyed from hand to hand and therefore possibly there might be some Alteration made in them You Gentlemen are to consider notwithstanding this objection whether the Identity of the Paper be not proved Captain Billop tells you he took them and in what manner and afterwards carried them to my Lord Nottingham who laid them by for a little while upon his Table and Captain Billop withdrew that is part of my Lords Objection while my Lord Nottingham examined my Lord Preston after that my Lord Nottingham called in Billop again and Billop swears the Pacquet was not opened but remained intire in such manner as they were delivered to my Lord Nottingham and so says my Lord Nottingham Then Captain Billop saw my Lord Nottingham open it at that time and he saw all these Papers every one put up again by my Lord Nottingham so that he could not be deceived and my Lord Nottingham delivered them to him and he carried them to my Lord President all sealed up with my Lord Nottingham's Seal And my Lord President tells you he opened them and brought them to the King and had them back from the King but they were never out of his sight while the King read some of them but he took them all and brought them to the Cabinet-Council where my Lord Sidney received all these Papers that have been read and marked them You have my Lord Sidney's Oath that these are the Papers he had from my Lord President you have my Lord Presidents Oath that he had them from Billop sealed with my Lord Nottingham's Seal you have my Lord Nottingham's Oath that he had them from Billop and Billop swears that they were taken in the Smack So that it is plain if you believe this Evidence that they are the same Papers Besides as to several of them Billop marked them and swears directly to them If you believe these Witnesses as you have no reason I think to the contrary It is plainly proved these are the very Papers which were taken from the Bosom of Ashton and taken up by him from under the Quarter-Hatches in the Smack Lord Preston I beg your Lordships pardon for one thing L. C. J. Holt. My Lord what say you pray Say what you will Lord Preston With humble Submission there is one thing that I think the Jury ought to take notice of That when the Papers were sent from Mr. Bridgman to my Lord Sidney they were sent by a Messenger L. C. J. Holt. My Lord you are mistaken as to that Objection for my Lord Sidney did not send them to Mr. Bridgman by a Messenger but he delivered them with his own hand and after he had set his own Mark upon them and Mr. Bridgeman says they were never out of his sight he copied them all but two or three the other Mr. Poultney copied in his presence and so he swears he redelivered them to my Lord Sidney Lord Preston With humble submission my Lord if I remember right they were in a third hand L. C. J. Holt. Never never Lord Preston Did not my Lord Sidney say so or Mr. Bridgman
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
your Lordship disposed of them L. Pres Capt. Billop did bring me a Pacquet tied with a Packthread and that was sealed with my Lord Nottingham's Seal I knew it to be his Seal and he told me that my Lord Nottingham commanded him to bring that Pacquet to me I opened the Pacquet and perused all the Papers it was very late and I locked them up till Morning and I then carried those very Papers to the King and in the King's Closet at Kensington the King read some of them and in my sight for I never parted from the King but was by all the while The King put up all the Papers again and commanded me to call a Cabinet Council and to let them be delivered there to the Council accordingly I did deliver them Paper by Paper and they were all marked there by my Lord Sydney who is here present and they were then delivered into the Hands of my Lord Sydney L. C. J. Pollex Will you please to ask my Lord any Questions Mr. Ashton Mr. Ashton My Lord if your Lordship will be pleased to pardon me I would ask your Lordship Did any of your Lordships Servants or Family read any of these Letters L. Pres No not one Mr. Ashton Were they locked up where any of your Lordships Secretaries or Servants could come to them L. Pres No I lockt them up in a strong Box in my Closet Mr. Ashton My Lord I only desire this Favour further of your Lordship Your Lordship at the Committee of the Council was pleased to ask me how I came by those Papers I presume you may remember and I pray your Lordship to declare what answer I gave L. Pres Truly Mr. Ashton to tell you the Truth I do not remember the Particulars I remember you denied every Thing I can only say that in the general but what you said in particular I cannot remember L. C. J. Pollex Do you put my Lord in mind if you can See whether he does remember it Mr. Ashton My Lord I only desire to ask my Lord President whether I did not tell him I went down after I had been fearcht into the Hold and there I see the Papers lye and brought them up and put them into my Breast and they were no sooner in my Hands but Capt. Billop had them in his for the Man called and said This Gentleman has Something in his Breast and the Captain put in his Hand and pulled it out L. Pres Truly Mr. Ashton I do not remember the Words that you used but remember you said Something to which I made answer What makes it matter They were found upon you and taken out of your Bosom do you look to it how you came by them I do not remember what you said for I cannot remember particular Words but I believe you might say some such Thing Mr. Soll. Gen. Then pray my Lord Sydney will you be pleased to be Sworn The Lord Sydney Sworn Mr. S. Thompson Will your Lordship be pleased to declare what Papers you received from my Lord President L. Syd At the Cabinet Council my L. President delivered a Pacquet of Papers I received them every one there and markt them and put them in my Pocket Mr. S. Trem. Did your Lordship deliver them to any Person afterwards L. Syd The next Day or the Day after I gave them to Mr. Bridgman to Copy out and he delivered them back to me again Mr. Soll. Gen. Pray my Lord give me leave to ask this Question Mr. S. Thomps Your Lordship had markt them before you delivered them to Mr. Bridgman to Copy L. Syd Yes I markt them at the Council Table at my L. Nottingham's Office Mr. Soll. Gen. My Lord those Papers that you markt were they the same Papers that my Lord President brought and delivered in at the Council L. Syd Yes the very same Jury-man My Lord shall we have leave to ask my Lord Sydney a Question L. C. J. Holt. Ay What is it Jury-man Pray my Lord did the Pacquet come to you Sealed That which was taken from this Gentleman was it Sealed when it came to you Mr. Soll. Gen. No it had been opened by my Lord Nottingham and my Lord President L. C. J. Holt. Sir you are under a Misapprehension of the Matter My Lord Nottingham after he had opened them sealed them up again and delivered them to Capt. Billop Capt. Billop carried them sealed to my Lord President my Lord President opens them and lays them up they were never out of his Possession he carries them to the King the King read some of them in his Lordship's presence he delivers them at the Cabinet Council to my Lord Sydney and my Lord Sydney swears he read them there markt them and when he had done put them in his Pocket Mr. Soll. Gen. My Lord Sydney will your Lordship be pleased to look upon these Papers and see if these be part of them L. Syd I know them very well I have read them Ten times I markt them at the Council and that is my Mark Mr. Soll. Gen. Pray my Lord are those Two Papers that you have in your Hand Two of those Papers that my Lord President delivered at the Cabinet L. Syd Yes that they are Mr. Soll. Gen. My Lord President will you please to look upon them Which his Lordship did L. Pres These are Two of the same Papers that Capt. Billop brought me Mr. Soll. Gen. Now we shall desire to have them read but give me leave to observe to you That one of them is a Copy of the other only in the one some Words are written short that are written out at length in the other Jury-man Pray my Lord I desire to ask Are they of the same Hand Mr. Soll. Gen. No they are of different Hands Mr. S. Thomps Pray Gentlemen of the Jury take notice and observe these Papers for there is a great deal of Matter of great Moment in them for you cannot expect the King's Council should repeat every Thing that is in so many Papers as we shall read it is impossible we should take notice of all L. C. J. Holt. Or I either therefore pray Gentlemen observe what is read for I shall be able only just to state the Evidence to you Mr. Ashton My Lord I hear them say one of those Papers is a Copy of the other I desire the Original may be read and not the Copy Mr. S. Thomps Who knows which is the Original L. C. J. Holt. Look you Mr. Ashton we don't know which is the Original or which is the Copy they are both found together they contain the same Matter and the same Words It may be you can tell which is the Original Mr. S. Thomps You may look upon them your self and tell us which is the Original if you please Mr. Ashton That is very well observed Sir That is throwing Water upon a dead Mouse Then I desire both of them may be read Mr. Soll. Gen. Indeed Mr. Ashton I think
there is a particular Reason why you should not desire to have the Copy read because least it should prove to be your own Hand writing Mr. Ashton Pray let both be read Cl. of Peace reads The result of a Conference Mr. S. Trem. Pray attend for this is the Scheme of the whole Work Cl. of Peace reads The result of a Conference c. And the other was likewise read as before L. C. J. Pollex Pray let Mr. Ashton see that Paper The Paper was handed to Mr. Ashton being one of the Papers before read L. C. J. Pollex Mr. Ashton look upon that same Paper a little satisfy your own Mind a little whose Hand that Paper is in Look upon it well I would have you be satisfied about it Look particularly upon the latter part of it Mr. Ashton My Lord I have lookt upon it I have seen it all L. C. J. Pollex Come then give it me back again and think of it a little in your own Heart Mr. Soll. Gen. My Lord Sydney pray will your Lordship look upon this Paper L. Syd This is one of the Papers that was among the rest delivered by my Lord President at the Cabinet Mr. Soll. Gen. Pray shew it my Lord President What says your Lordship to it L. Pres This was one of the Papers I gave my Lord Sydney and was brought me in the Pacquet by Capt. Billop Cl. of Peace reads That the King would return with a Design of making an entire Conquest of his People Mr. S. Thomps Pray my Lord give me leave before it be read to acquaint the Jury what this is that they may make the better Observations upon it This Gentlemen is the Heads of a Declaration that was intended to be Published when the French came and you will see what it is when it is read Pray observe it Cl. of Peace reads That the King will return c. As before Mr. S. Trem. The next Paper is an Account which they had taken with them of the Force of the Kingdom of the Ships particularly how many in Number what Rates what were in Repair what out of Repair and what a Building Pray shew it my Lord Sydney L. Syd This is another of the Papers that I received from my Lord President and Markt at the Cabinet Mr. S. Thomps Then shew it my Lord President L. Pres This is one of the Papers that were in the Pacquet that Capt. Billop brought me Cl. of Peace reads Mr. Soll. Gen. Pray my Lord Sydney look upon these Papers and tell where your Lordship had them The Papers was shewn both to the Lord President and the Lord Sydney L. C. J. Holt. My Lord President says he received them from Capt. Billop and gave them to my Lord Sydney and my Lord Sydney says they are the same he received from my Lord President Jury-man Are those the Papers that have been read my Lord Mr. J. Eyres No but they both say the same as to those that have been read Jury-man They pray my Lord What are those Papers that are going to be read Mr. S. Trem. These are Two Letters Gentlemen that are written giving an account how the Affairs in England stood with reference to the Persons Concerns that they are written to and there is a particular Passage in one of them How their young Master prevailed in its Interest and got ground of his Adversaries If you observe them you will easily understand what is meant by them Cl. of Peace reads This is directed for Mr. Redding New-years Eve Though the Bearer of this c. As before Cl. of Peace reads This is directed for Mrs. Redding As it is impossible for me to express c. As before Mr. Soll. Gen. Now we desire my Lord Sydney and my Lord President would look upon these Papers Jury-man My Lord I desire the former part of that last Letter may be read again Which was done L. Syd These I had from my Lord President L. Pres And I had them out of the Pacquet that Capt. Billop brought me Mr. S. Trem. If your Lordship please I will open them to the Jury Here are Two Letters in one of them there is an Account given that they were heartily sorry they were disappointed and that they had not been here already but hoped they will be here as fast as they can that the Match was concluded the Settlement prepared and no doubt but the Daughters Portion would be well Secured if they would come quickly Cl. of Peace reads Dec. 31. 1690. 'T is directed for Mrs. Charlton I must not let this Bearer depart Madam c. As before Mr. S. Trem. That Letter tells you that the Daughters Portion would be well Secured this that we now produce will tell you how it shall be Raised It says the old Tenants are weary of their Master and a little Matter if he would but appear in Westminster-ball would redeem the Estate and the Cause might be brought to a final hearing before the end of Easter Term if they made haste and it were well Sollicited Cl. of Peace reads This is directed for Mr. Jackson Dec. 31. 1690. The Bearer hereof will give you c. As before Mr. Soll. Gen. We must desire my Lord President and my Lord Sydney would be pleased to look upon these Papers L. Pres I received these from Capt. Billop in the Pacquet and gave it to my Lord Sydney L. Syd These are some of the Papers I had from my Lord President Mr. S. Trem. The Letters we now produce to be read seem to be written by a Man that was involved in a great Trade that had great Projects in his Head and drawn many Schemes in his own Brain how to carry on the Trade he directs what sort of Wares he would have sent what was proper for their Markets that he had got many a new Customer and hoped they should not be disobliged that all must be sent before the First of March at least before the Tenth or the whole Summer Profits would be lost Cl. of Peace reads 31 Dec. L. C. J. Holt. Read the Superscription first Cl. of Peace There is no Subscription my Lord at all L. C. J. Holt. Well read on Cl. of Peac reads 31 Dec. The Interruption of the former Correspondence had a very ill Effect many ways c. As before Mr. S. Trem. Gentlemen doubting that that Letter might not be pressing enough here is another to the same effect Cl. of Peace reads Dec. 31. It is a Presumption incident to those that are any ways upon the Spot c. As before Mr. S. Trem. One would imagine this Letter were written by some Person that used to talk Cant that he is so ready at it Mr. Soll. Gen. Pray my Lord President what says your Lordship to these Papers L. Pres These Two Letters were in the same Bundle that Capt. Billop delivered to me and I delivered them to my Lord Sydney L. Syd These are some of the Papers I had
from my L. President at the Cabinet Mr. S. Trem. That first of these Papers is a Letter wherein the Party gives an Account of his own Condition here and how he would Venture to bring about what was desired Cl. of Peace reads 31 Dec. 1690. Was my Condition more desperate and uneasie than it is c. As before Mr. S. Trem. This little Paper was inclosed in the other Cl. of Peace reads I beg c. As before Mr. S. Trem. Now shew this Paper to my Lord President and my Lord Sydney Which was done L. C. J. Holt. My Lord President and my Lord Sydney swears the same for this Paper as for the rest Mr. S. Trem. This Paper shews they were going about a Deed that they did not desire to have known 't is a Key how to explain their Meaning Cl. of Peace reads For Mrs. Anne Russel c. As before Then Three other Papers were shewn to and sworn by the Lord President and the Lord Sydney to be part of the same Papers Mr. S. Trem. The Papers that we now are going to read are these Gentlemen here is a Letter of Recommendation in behalf of one Mr. Orbinet which is a Name they pretended of some Person that was at Paris or to go there and 't is written by one Mr. Dellivere to his Correspondent there and he tells him the Bearer had Something to disclose to him and that he might have an entire Confidence in him But the Letter of Recommendation alone without a Sum of Money they reckoned would meet with a bad Welcome in France and therefore they take 500 l. with them and here are Two Bills to pay it Then Mr. Humphrey Levermere was sworn to interpret them being in French which he did and read them as in the former Tryal Jury-man Were these Bills found in that Pacquet Mr. S. Trem. Yes Yes they are sworn to by both those Lords Mr. Soll. Gen. Now pray my Lord will you please to look upon these Papers The Lord President and Lord Sydney both testified That those were part of the Papers Mr. S. Thomp This next Paper that we give in Evidence is very short It seems to be a Table for the Memory of the Person that was to carry it They are short Heads for the Memory consisting of a great many Particulars You will make your Observations upon them and what Judgment you think fit of them Mr. S. Trem. My Lord I desire to take Notice of these Papers that we are now going to read you will observe these Things in them which are worth your remarking Gentlemen because these Papers that we now read to you are of themselves sufficient to prove every Article in the Indictment For these Papers give an Account of the Ships their Number and Force the Forts of the Kingdom how they are Manned how they may be Surprized where the French Fleet should Fight where they should Assault us how they should hinder the Dutch and English Fleets from Joyning what Number of Soldiers would be sufficient and what Number of Ships in Newcastle to plague the City of London how to manage this whole Affair and it gives Characters of the Clergy of England and particularly of the City of London and says they are the Worst of Men. Mr. Serj. Thomson No Brother 't is the worst of all the Clergy L. C. J. Holt. Come read them Clerk of the Peace reads Lady D. 2000 l. c. as before The Jury desired to see the last Papers and had them delivered to them Mr. Soll. Gen. Then we rest it here to see what the Prisoner will say to it L. C. J. Holt. Mr. Ashton the Kings Council have done their Evidence for the King what have you to say for your self Mr. Ashton My Lord I humbly desire to know of your Lordship whether all the Letters are read that were read at the Tryal of my Lord Preston L. C. J. Holt. What is that material to you whether they be or not Mr. Ashton My Lord I am informed that there were several Letters that particularly name my Lord implying him to be the Bearer and I desire those Letters may be read Mr. Serj. Thompson With all my heart if you do desire it it shall be read we do not think it material Mr. Ashton I do desire it it will be plain I believe from thence that I could know nothing at all of this matter and if your Lordship please my Lord to observe it three or four of these last Papers as Mr. Serj. Tremain observed were the Ground-work of all this Business which refers to Portsmouth and South-Sea and some other Papers these I think with Submission were proved to be the Hand of another Gentleman and I desire it may be proved again to the Jury by which I think it will be plain that they do not affect me L. C. J. Holt. Look you Mr. Ashton it is not proved to be your Hand nor pretended to be so Mr. Ashton But positively proved to be another's Hand as I am informed and 't is that which Mr. Serj. Tremain observed was the Ground-work for carrying on the whole Design I presume the Witnesses are in Court that proved it then and I hope your Lordship will be so kind as to let it be proved now they did prove it to be another Persons Hand upon a Tryal not long ago L. C. J. Holt. If you have a mind to call any Witnesses to prove the Papers to be another's Hand you may call them Mr. Ashton I hope the King's Witnesses are now in Court that did prove them to be his Hand Writing and they 'll prove it now I suppose L. C. J. Holt. If you have a mind you may call them they have not a mind to produce them for the King Mr. Ashton I know not where they are my Lord. Pray Mr. Aaron Smith be you so kind as to call them L. C. J. Polexfen You should have sent and Subpena'd them to be here Mr. Ashton Mr. Warr is there my Lord I desire he may be ask'd the Question and I believe Mr. Blane is in the Court pray let him be ask d. L. C. J. Holt. Mr. Warr you are called by the Prisoner as a Witness to prove my Lord Preston's Hand Mr. Ashton Mr. Warr Mr. Townsend and Mr. Blane I desire may be all ask'd L. C. J. Holt. Mr. Ashton you have insisted upon it that these Papers were my Lord Preston's own Writing Mr. Ashton My Lord I do insist upon it to know whether they were not proved to be his hand Mr. Serj. Tremain Yes they were so 't is agreed Mr. Serj. Thompson We do grant the King's Witnesses proved that they did believe them to be my Lord Preston's Hand L. C. J. Holt. The King's Council do admit that these three last Papers were not your Hand but they admit them to be my Lord Preston's Hand and 't is very well done of them to admit it so that now it is to be taken for
now My design was to go to France and I had very great and good Reason for it I think I had endeavonred all ways I could in the World to procure a Pass to go to France 't is very well known I did business under Lieutenant-General Worden that died half a year ago his Accounts are now depending and such Accounts as may be prejudicial in some points to his Family to whom I have always own'd and must a great Obligation and would be very glad upon all occasions to serve it and all the Branches of it this was not the whole nor the only design I had in going thither but I had likewise some business of my own I have a considerable Sum of Money owing me if it be necessary to prove it I can prove it by a Bond from a Person that is there a great Sum it is a very considerable one to me at least And my Lord I did think if I did not go my self it was impossible for me to do any thing in that Affair and that was the true and only Reason of my design in going to France having been out of hopes of getting any other Convenience otherways this was not a Design just now formed as if I were just now upon some Plot concerning the Publick but it has been my design ever since Lieutenant-General Worden died and he upon his Death-bed ingaged me to do it and I once went down hoping to have gone from Dover and there I was apprehended and taken And my Lord I have used all manner of Endeavours to go other ways but they have always failed me and this way I hoped would have taken my Lord I do own I did hire the Boat and I did pay the Money but with Submission I think that is not any manner of Treasonable Act my Lord perhaps it is an ill Act but it does not amount in least to Treason going to the King's Enemies suppose I went upon that account that is no manner of Treason in the World carrying Papers to the King's Enemies except it be proved that I was privy to them and knew the Contents of them if Lawyers inform me right is not Treason then what remains 'T is true I must own the Papers were found upon me and I believe there is no body that has heard the Evidence that has been given but must readily conclude that I found them in the place where the Sea-man says I took them up and besides my Lord there is not any manner of proof so much as aim'd at by the King's Council in all their Evidence that I was privy to any one of these Papers so that my Lord I think there is very little proved upon me at all I had the misfortune to be taken in this Company that was going where these Papers were taken it 's true but they have not attempted to prove that I was privy to or knew any thing of them at all nor that I was more concern'd than that they were taken in my Stomach this is all I have to observe upon the whole as to the business of the Indictment there are great and grevious Aggravations in it and such as I am not able to comprehend the meaning of the Words confound me and therefore I humbly desire your Lordship to tell me upon what Statute I am Indicted L. C. J. Holt. I 'll tell you Mr. Ashton you are Indicted upon the 25th of Edward the Third for conspiring compassing and imagining the Death of the King and Queen and for that purpose going into France and endeavouring to incite the French King to invade the Kingdom and telling him how he should do it and letting him know in what State and Condition the Kingdom was and how fit to be invaded M. Ashton Pray my Lord is that at all proved upon me L. C. J. Holt. That is the Question that the Jury are to judge of upon the Evidence that has been given Mr. Ashton As to that of compassing the Death of the King and Queen I am ignorant of dealings in Law but I conceive there are several Species of Treason mentioned in that Act of the 25 of Edward III. and as to the imagining the Death of the King that 's only to be proved by some Overt Act Now I think nothing at all has been proved of any open Act conducing to prove the imaginary or compassing the Death of the King or Queen no manner of Consultation or Treasonable Act at all and therefore my Lord I do not see that there is any great matter that is proved upon me and I hope you are of that Opinion too L. C. J. Holt. Mr. Ashton that you may not go away with a Mistake any that design'd the Deposition of the King and Queen and the Invasion of the Kingdom which is proved by any Overt Act it is sufficient to prove that they compass and imagine the Death of the King and Queen Mr. Ashton I presume it may be so I believe that may be the Construction of the Law L. C. J. Holt. And I make no question but those that you have consulted with have told you as much Mr. Ashton Truly as to Counsel my Tryal has been as hard as ever Man met withal L. C. J. Holt. Why do you say so Mr. Ashton the Court has not been hard upon you Mr. Ashton My Lord I do not complain of the Court but as to the matter of time I had notice by that Gentleman Mr. Bale to prepare for my Tryal and that was on Friday and not before L. C. J. Polexfen Friday was Sevenight you mean I suppose Mr. Ashton Yes I do mean Friday was Sevenight I was then a close Prisoner I had not the opportunity or liberty of seeing any Christian Soul I spake to him then and told him Mr. Bale this is very short notice pray be so kind as to move my Lord that I may have Council truly he was Civil enough and said he would do all he could says he will you give me the Names of your Council so I gave him the Names of four and of a Sollicitor but I never heard more of him in the matter I did with all my Industry and Skill give my Friends notice but I was under great difficulty for I had not the liberty of Pen Ink nor Paper nor a Man to send upon a Message on Saturday I gave my Friends notice of it upon Sunday which was no very good Day for business they apply'd themselves to my Lord Sidney whose Favour and Kindness I shall always own as long as I live he gave me all the dispatch possible and got me an Order to see my Wife that day though it was Sunday the next day I made Application to have my Council come to me that was Monday he with the same readiness procured that but it was Tuesday in the Afternoon before I could see any living Soul but my Wife and some of the Council that I desired would not readily come
deliver the Sacrament to him there Dr. Fitz-Williams No I did not Jury-M Pray Doctor were the Prayers that were used at that time altered as they are now in the Common-Prayer-Book Dr. Fitz-Williams I cannot say they were L. C. J. Polexfen Did you ever see him Drink King James's Health Dr. Fitz-Williams I do not use to Drink Healths I came here only to do an Office of Justice and Kindness to Mr. Ashton to testifie about his Religion and Conversation Mr. Serj. Tremain But answer the Question Did you ever see him drink K. James's Health Dr. Fitz-Williams I cannot remember I ever did Jury-M Was King William and Queen Mary Pray'd for in those Prayers Dr. Fitz-Williams I cannot say they were Mr. Just Eyres But the Jury-M Question was whether King William and Queen Mary were Pray'd for and whether the Prayers were as they are now altered Dr. Fitz-Williams My Lord I say I don't remember there was any Names mentioned as the Prayers are now altered Mr. Serj. Tremain That 's very well Dr. Fitz-Williams I did neither read the Prayers Sir nor Administer the Communion at that time L. C. J. Polexfen But you were not at the Prayers as they are now altered I perceive Dr. Fitz-Williams Yes I have several times Mr. Serj. Thompson Not with that Gentleman Mr. Ashton Dr. Fitz-Williams But I have been an hundred times at the Prayers as they are now altered Mr. Ashton I desire Dr. Lake who is there upon the Bench that he may be asked what he knows of me Mr. Ser. Tremain But I have one question to ask of Dr. Fitz-Williams before he goes L. C. J. Holt. What will you ask him Mr. Serj. Tremain I would ask you Sir one question Have you taken the Oaths to this King and Queen Dr. Fitz-Williams No I have not Sir that 's my Unhappiness but I know how to submit and live peaceably under them Mr. Ashton But there is one Dr. Lake that has taken them he 'll give you an account what he knows of me Dr. Fitz-Williams If any one can say I have done or acted any thing against the Government I will readily submit to be punished for it L. C. J. Holt. Well Dr. Lake what say you Dr. Lake My Lord I have known Mr. Ashton above these sixteen Years we liv'd together in the same Family several of them I always observed him to be a Person of exemplary Piety and singular Devotion he duly came to the Prayers of the Church twice a day and to the Sacrament once a Month he has taken occasion that I know several times both at St. James's and at Edinburgh to testifie his Zeal against Popery and I am apt to think that he has suffered sometimes for doing so Mr. Ashton Dr. Bursh Pray as to my Religion I beg you to give an account what you know of me particularly something you may remember of me of my perhaps over-heat against Popery Dr. Bursh My Lord I have long known Mr. Ashton the Prisoner at the Bar and till within these two years frequently conversed with him and while I did so I believed him a good Protestant and I have so many Instances of it and particularly before some upon whom his Fortune depended but as to any thing of late I can say nothing because our Conversation has ceased Mr. Serj. Thompson Dr. Bursh have you known any thing of Mr. Ashton's Conversation for two years past Dr. Bursh No Sir L. C. J. Holt. Have you any thing more Mr. Ashton Mr. Ashton No my Lord I have nothing more unless your Lordship desire any thing more of this Nature L. C. J. Holt. Call whom you will Mr. Ashton Here is one Mr. Tomlinson L. C. J. Holt. Come what say you Sir Mr. Tomlinson My Lord I waited upon Major Gen. Worden when he was Sick and there read the Prayers of the Church and Mr. Ashton was a constant Attender upon the Publick Prayers at the Visitation of the Sick and was very Devout that 's all I can say L. C. J. Holt. When was this Mr. Tomlinson It was in the Sickness of Major Gen. Worden L. C. J. Holt. How long ago was that Mr. Tomlinson It was about half a year ago L. C. J. Polexfen Were those Prayers as they are altered now or not Mr. Tomlinson It was only the Visitation of the Sick and the Collect for the Morning and Collect for the Evening because the General 's Sickness was such that he could not bear long Prayers L. C. J. Holt. Sir have you been acquainted with the Prisoner any time Mr. Tomlinson About eight Months L. C. J. Holt. Have you any more Witnesses Mr. Ashton Mr. Ashton No my Lord. L. C. J. Holt. Then I would have you to answer me this one thing why were you so desirous and used such Importunity that the Papers should be thrown over Board Mr. Ashton My Lord that is a Point I ought to have spoke to to clear my self L. C. J. Holt. It seems material and I would not have it forgot if you can answer it Mr. Ashton I humbly thank your Lordship and whatsoe'er my Fate is I cannot but own I have had a fair Tryal for my Life and I thank your Lordship for putting me in mind L. C. J. Holt. And take this other thing with it why did you desire Captain Billop to go along with you where you were going Mr. Ashton He has Sworn it my Lord that I did so but as I hope for Salvation if I were to dye immediately I do not know that I spoke to him of any such thing how was it possible that I should prevail with him or how was it likely that I should force him to go along with us when he had about twelve or fourteen Men with him Armed and we unarm'd L. C. J. Holt. Nay it was not Forcing it was but Perswading him to go Mr. Ashton My Lord I do not know any thing of it I 'll assure you but as for endeavouring to perswade him to throw the Packet over-board I must own I did endeavour to perswade him to it and I do presume there is no body in Court that had been engaged with a Person so Unfortunate that would not have done the same thing for any common Friend not knowing what the Contents of those Papers were seeing them in that Posture especially when I saw some body else so near me so uneasie and concern'd to have them seen L. C. J. Holt. Then Mr. Ashton there 's another thing which you open'd which I would have you prove you say you were to go into France upon the Affairs of Col. Worden's Family first you say Col. Worden had a great account to make up how will you make that out Mr. Ashton My Lord if your Lordship please I will prove here in Court though it is a sort of surprize upon me that there is a great Account depending I believe I may appeal to Mr. Sollicitor himself who knows that there is a Petition in the
House of Commons now depending from the Queens Tradesmen and Debtors whom she owed 68000 l. she did Assign the Arrears of some growing Rents for the Satisfaction of this Debt but the King and Government have not thought fit to let it be applied to her use or to the paying of those Debts she assign'd it to Nay it has gone further I can appeal to several Persons there is one Man by chance in the Court that I believe does know that I promised and engaged and actually have paid a great part of this Debt for believing that the Money was good upon the Assignment I have actually paid some of these Men out of my own Pocket and perhaps more than became me to venture I think it may very well call my Discretion into question L. C. J. Holt. Who will you have called Mr. Ashton Mr. Ashton My Lord here is Mr. Spalding L. C. J. Holt. That the late Queen does owe People Mony that I believe is true Mr. Ashton Pray Mr. Spalding will you give the Court an account whether there is any Money due from the Queen to you Mr. Spalding My Lords and you Gentlemen of the Jury I have a Debt due to me from the late Queen as her Coach-Harness-maker it is 470 l. or something thereabouts and Mr. Ashton has paid me part of this Debt this I do own Mr. Ser. Tremain Pray how long have you been acquainted with Mr. Ashton Sir Mr. Spalding A dozen years Sir Mr. Ser. Tremain Have you had any Intimacy with him Mr. Spalding He and I have been very well acquainted Mr. Serj. Tremain Have you seen Mr. Ashton write at any time Mr. Spalding Yes I have Mr. Serj. Tremain Do you know his Hand Mr. Spalding Yes I think I do L. C. J. Polexfen Pray how came Mr. Ashton to pay you that part of your Money Mr. Spalding I press'd Mr. Ashton and told him my Necessities and he did advance me this Money L. C. J. Holt. How much did he advance Mr. Spalding Almost 400 l. L. C. J. Polexfen When was it he paid it you Mr. Spalding Almost a Year ago L. C. J. Holt. Did he pay it out of his own Pocket Mr. Spalding I believe so L. C. J. Holt. I believe so or was it Money that he had returned to him Mr. Spalding I believe it was out of his own Pocket my Lord. L. C. J. Holt. Why do you believe so Mr. Spalding Truly I believe it was out of his own Pocket L. C. J. Polexfen Pray who was to repay him Mr. Spalding About that very time we were Petitioning the House of Commons that we might have our Debts secured and our Money out of the Arrears of Rents due to the late Queen according to her Assignment and we so far press'd the matter that there was a Clause inserted into the Bill for the securing of our Debt but upon the next day or the day following the Parliament was Prorogu'd L. C. J. Polexfen Which way did he expect to be repaid Mr. Spalding I 'll tell you which way I suppose my Lord. L. C. J. Polexf Did he not tell you which way Mr. Spald No he never told me L. C. J. Polexfen Mr. Ashton did you never tell him how you should be repaid Mr. Ashton My Lord I hoped to be repaid and concluded I should out of the Arrears of Rent in the Tenants Hands L. C. J. Holt. But you were very kind to pay Money out of your own Pocket upon such Hopes Mr. Serj. Tremain Pray Sir will you look upon that Paper do you know the Hand Mr. Spalding No Sir I do not L. C. J. Holt. I suppose he did compound with you L. C. J. Polexfen This does shew an extraordinary kindness towards some sort of People Mr. Ashton If he Discounted the Interest to the time that we reckoned it would be paid you know that Prejudice would be to him and not to me it may indeed prove a Prejudice at last if the Debt be not paid because the Receipt is Conditional if it be not allowed him she shall Discount to me again L. C. J. Polexfen Was there no Money return'd over from the Queen K. Jame's Q n that was Mr. Ashton No my Lord directly nor indirectly not one Penny I believe they are not in a Condition to return Money L. C. J. Holt. Well Mr. Ashton what have you more Mr. Ashton I have nothing more to say I submit my Cause to your Lordship L. C. J. Polexf Look you Mr. Ashton as to some things that you have mentioned First there 's no body questions but you are a Protestant nay as far as I discern so they are all that are concern'd in this Matter The whole design shows that they are all so careful of the Protestant Religion that they design to restore and establish it by the King of France so that it appears they are all Protestants concern'd in this Project Mr. Ashton Pray my Lord who is it that proposes that L. C. J. Polexfen The Papers that were carrying to France Mr. Ashton you have heard them read Mr. Ashton I hope my Lord that no doubtful Insinuations or Suggestions are to effect me Mr. S. Tremain There is a Gentleman that was called to by the Prisoner it may be he knows his Hand pray Dr. Fitz-Williams look upon that Paper you have been acquainted with him many years do you know his Hand Dr. F. Williams No Sir I do not know his hand I never did see him write I cannot say I ever received a Letter from him Mr. Ashton I entirely submit my Cause to your Lordship and the Jury L. C. J. Holt Then you have done Mr. Ashton Mr. Ashton Yes Mr. Just Eyres Mr. Ashton because you cannot reply again upon my Lord Chief Justice after he has summed up the Evidence There 's another thing that I would put you in mind of that you may give an Answer to it Captain Billop swears before the Papers were found upon you and it seems to stick upon you when he was informed by the Sea-men that you had put something in your Bosom and he ask'd you what it was you said nothing but your Handkerchief Now if you knew not what was in the Papers how came you to deny you had any thing in your Bosom Mr. Ashton For the same Reason that I would have endeavoured to have had them thrown over-board out of kindness to the Person with whom I hapned to be taken L. C. J. Polexfen Consider Mr. Ashton what a strange many of things you run upon First you would have it believed That you had a mind to go into France upon your own account Mr. Ashton I do own that L. C. J. Polexfen Next then That you hired a Vessel for you and Ellyott Why would you have Ellyott to go with you into France Mr. Ashton I would not have him he desired the Favour of going L. C. J. Holt Who desired my Lord Preston to go or did he desire to go
opening to my Lord President My Lord President says he lockt them up unopened in a close Cabinet in his Closet-room where no body comes there they were that Night and the next Day he carried them intire to the King and some of them were read by the King in the Presence of my Lord President and they were all taken away again by his Lordship no more nor no less and my Lord President brought them all to the Cabinet-Council where they were read and were delivered to my Lord Sidney My Lord Sydney swears these Papers now produced are the same Papers he had from my Lord President and my Lord President swears that they are the same he received by Billop from my Lord Nottingham and my Lord Sydney markt them So that there can remain no doubt of these being the same Papers that were contained in the Pacquet that was taken out of the Bosom of Mr. Ashton Then as to the Matter of the Papers I think it is plain beyond all contradiction that the Import of them is Treasonable They shew a Design of invading the Kingdom by a Foreign Force and of Deposing the King and Queen from the Government and of setting the late King upon the Throne It is agreed as it is mentioned at a Conference between several Noblemen and Gentlemen that were of the Whigg and Tory Party as they call them that the late King was to be restored though by a French Power It was impossible for them to effect it by going plainly to work and saying in plain Words the French should invade us It was to be done in this manner The French King must pretend by all means to be our Friend and a Mediator betwixt the late King and the People of England and this was out of design plainly to get a Party of the Kingdom to joyn with them the most credulous and inconsiderate sort of People who when they should be seduced into a Belief of the French King 's great Kindness It was not doubted but there would be a Conjunction between them and the French Forces to restore the late King And to procure such a Perswasion in the People the French King was to shew himself kind to the English Protestants to appear and act another part than he had formerly done he was to permit them the Exercise of the Protestant Religion thereby to perswade many that his Persecution of his own Subjects the Hugonots was not out of any Aversion to the Protestant Religion but only to their Antimonarchical and Resisting Principles Then an Inconvenience is to be removed for they complain that they are too full of Bigottry at St. Germains and too bare-faced For they make an open Profession of Popery and speak truly what they do intend but say they if they will have the Design take effect they must be more Close and Secret For the Folly and Bigottry at St. Germains was a very great Obstruction Therefore they proposed that some Persons might be substituted as Agents to Correspond here that understood the Temper of the Nation and what would easiliest prevail with the People And a Model was to be framed at St. Germains the Protestants are to be seemingly caressed Seven or Nine to be of the late King's Councel that so we might believe that he was ours in Interest again and that we have a Relation to him And if things were carried with such cunning and subtilty they hoped to delude a great many People over into the Interest of the late King but if they went bare-faced it would cause such great Jealousies that they must totally despair of Success Yet they did not hope by these Artifices to obtain so many Friends here as might have been sufficient to accomplish their Design but they must have recourse to a forreign Force particularly a French Force For says one of the Papers Vse Foreigners to expel Foreigners that is Use French Foreigners to expel Dutch Foreigners who are our Allyes and are falsly accused by them to have trampled upon the Rights and Liberties of the Nation There is one Argument used to encourage People to assist the French in the Invasion of their own Country which I cannot omit namely That as soon as the French with a considerable Expence of Men and Mony had restored the Protestant Religion the late King to the Crown and the People to their Liberties then he would withdraw all his Forces and reap no Profit or Advantage by his Success I must confess this carries so little of Persuasion in it that it is ridiculous to think thereby to impose upon any number of Men. But notwithstanding the weakness of their Arguments it is apparent they were in good earnest the Papers give an account to the French in what state and condition our Forts were Portsmouth not man'd with above 500. and Gosport how weakly fortifyed It was a happy juncture between this and the first of March when Advice is given to make use of the Opportunity For Men cannot give but Men may use Opportunities and something was to be done forthwith and the Goods must be got in readiness particularly the Linnen and the Copper are mentioned which are mysterious and dark Expressions and you may put a Construction upon them as well as I for they are written in a style of Trade as if there were a Correspondence between two Tradesmen and the Linnen and the Copper are ordered to be brought before the 10th of March But however obscure some of these Expressions are there are others that are more plain That the French Fleet must be out in April at farthest and are to come before the Conjunction between the English and the Dutch and Jennings Strickland or Trevannian are to come from St. Mallo's in one Night and to fight the English Fleet in the Chops of the Channel and not to come so high as Beathy where they came the last Year And there is an account given in what condition and state our Navy was how many Ships what Rates how Man'd and who the Officers and then as the French were to be in readiness to come in April so they say our Fleet was not to be out till June Gentlemen There are a great many other Particulars but these are enough nay half of them were enough to make any Man guilty of Treason that was concerned in them or that had a hand in carrying or making use of them Besides there are other Letters which can import nothing but the Writer was of the late King's Interest one directed to Mr. Redding the other to Mrs. Redding and these were to go to France to let them know how zealous he was in his Duty and how the interest of the young Master increased The Letters have these Expressions That though the Family were decreased yet our Interest is increased which is yours and I speak in the Plural Number because I speak the Sentiments of my elder Brother and the rest of our Relations and desire them to
overboard the hiring the Vessel to go with these Treasonable Papers to an Enemies Country and the Papers found about you is Fact proved and is left to the Gentlemen of of the the Jury to consider of Mr. Ashton But does all this amount to more than Suspicion L. C. J. Holt. Look you Mr. Ashton if you speak after we have charged the Jury you will give us an Occasion of speaking to answer you the Gentlemen of the Jury are Men of Understanding they have very well observed the Evidence and I perceive they have been very extraordinary intent upon it they will be able to make a right Judgment no Question of it Mr. Ashton All that I desire is there is nothing proved upon me of my knowing what was in these Papers Mr. J. Eyres And there is that which is very considerable too that 't is plain what you say about Coll. Worden's Account is but a Pretence for which you were searcht there was not one Paper nor one bit of Account found about you nothing but this Bundle of Treasonable Papers and Letters Mr. Ashton My Lord I humbly begg you will observe what is for me as well as what is against me L. C. J. Holt. Gentlemen of the Jury do you think you shall stay out any Time the Court desires to know it because they will order themselves accordingly Juryman My Lord we do not know till we come together L. C. J. Holt. Nay take your own Time only the Court would comply with your conveniency in the Adjournment Then the Jury withdrew and the Court adjourn'd for half an Hour and when they were returned the Jury came in to give their Verdict and being called over answered to their Names Cl. of Arr. Gentlemen are you all agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. John Ashton hold up thy hand Which he did Look upon the Prisoner How say you Is he Guilty of the High Treason whereof he stands indicted or not Guilty Foreman Guilty Cl. of Arr. What Goods or Chattels c. Foreman None that we know of Maj. Richardson Look to him he is found guilty of High Treason Cl. of Arr. Then hearken to your Verdict as the Court hath recorded it You say that John Ashton is guilty of the High Treason whereof he stands Indicted but that he had no Lands nor Tenements Goods nor Chattels at the time of the High Treason committed nor at any time since to your knowledg and so you say all Jury Yes L. C. J. Pollexfen Gentlemen I think truly you have gone according to your Evidence which the Law requires you to do and that is it which will preserve us all And tho it be truly a thing that falls hard upon the particular Men that are concerned in such things yet notwithstanding we must have more consideration of the general Good and Preservation and the Support of the Government and that the Law have its due Course than of any particular Man's Case as to the hard Point of it We must look to these things or there will be no living in the 〈…〉 Sir W. Hedges My Lord we 〈…〉 of your Lordship that we may be dismist from further attendanâ—◠〈…〉 L. C. J. Pollexfen Ay. Cl. of Arr. Gentlemen you are dismist and the Court thanks you for your Service Then the Court adjourned for an Hour and then the Lord Mayor and Deputy Recorder with several of the Justices and Aldermen returned into the Court and after Proclamation for Silence Order was given to bring the Lord Preston and Mr. Ashton to the Bar. which was done The Lord Preston standing without the Bar and Mr. Ashton within Cl. of Arr. Sir Richard Grahm hold up your hand Which he did John Ashton hold up your hand Which he did My Lord Preston You stand convicted of high Treason for conspiring the Death of the King and Queens Majesties for adhering to the King's Enemies and endeavouring to subvert the Government What can you say for your self why the Court should not proceed to give Judgment against you of Death according to the Law Lord Preston 'T is true my Lord the Jury have found me guilty of the Treason assigned in the Indictment My Lord it is a Treason of a very heavy and black Nature 't is of such a Nature that if I had been conscious to my self to have deserved I should be very willing to undergo that Judgment that is like presently to pass upon me It is to endeavour to bring in the King of France to Conquer and Invade this Kingdom 't is a thought I always abhorred I love my Religion my Family my Country too well to attempt or endeavour any such thing I must appeal to your Lordship though now perhaps it is too late whether the Treason that is laid against me has been perfectly proved for in the Case of proving Hands and particularly in the Case of Collonel Sidney It was disallowed that comparison of Hands should be Evidence there ought to be at least one if not two Evidences to prove the writing of it My Lord I know this is too late I should have offered this to the Jury before but being in the Crowd and in great disorder by standing so long I had not strength or ability enough to urge it as I should I have nothing more to say in the Case but submit to that Judgment that the Law has assigned Mr. D. Recorder My Lord Preston Your Lordship knows the proceedings of the Law in such Cases there is no averring against the Verdict of the Jury they have found your Lordship guilty and the Law says that Judgment must be given upon you according to that Verdict Lord Preston Mr. Recorder I do not aver against the Verdict I own it is too late I should have offered it before and I submit to the Judgment of the Law Cl. of Arr. John Ashton hold up thy hand which he did You are in the same Case with the Prisoner last before you What can you say for your self why Judgment should not be given against you to die according to Law Mr. Ashton My Lord I would humbly desire I might have a sight of my Indictment I have some reason perhaps to believe that I am found guilty upon an Erroneous Indictment and if it be so I would desire to have Councel to argue the Errors of the Indictment Mr. D. Record You have heard it twice read in English and once in Latin and that is all that is allowed to any one in Your Case I never knew the Record of any Indictment shewn to any Prisoner at the Bar. Mr. Ashton Suppose there be any Error in it Mr. D. Record I am not to suppose any such thing if there is any it has been read to you assign it and the Court will consider of it Mr. Ashton If I can assign the Errors in the Indictment may I have the advantage of it then Mr. D. Record
If there be 〈…〉 you will have the advantage of them If you will assign them if there be none you can have none Mr. Ashton Then I say if there be words in the Indictment that there are no such Words in Nature then Sir I am told it is a Vicious and Erroneous Indictment and that is enough to viciate the Indictment Mr. D. Record No such Words in Nature It is hard to tell what you mean by that perhaps there are terms of Art in the Law which though you are not acquainted with we are Mr. Ashton Then there are such Words in Nature Mr. D. Record That is an insensible Expression Words in Nature Mr. Ashton I am informed that even a Letter in an Indictment is enough to viciate it or if it be false Latin that will make it an Erroneous Indictment Mr. D. Record No that is not so but if you will tell me what that Letter is I 'll tell you what I say to it it may or it may not be material Mr. Ashton We know it was lately disputed in a Case of this Nature at this Place and I am informed the Court were of Opinion if it had been in the Body of the Indictment it had been an Error Mr. D. Record If you please to tell me wherein the Error in your Indictment consists I may be able to give you a good Answer to it or you will have the advantage of it Mr. Ashton I say it consists in this the Word Cymba is written with an S in the Indictment whereas it should be with a C. Mr. D. Record How do you know it Mr. Ashton It is no matter how I know it I have some reason to know it it may be Mr. D. Record Mr. Hardesty look upon the Record Mr. Ashton With Submission that is an Error for there is no such word as Cymba with an S. Cl. of Arr. It is a long Indictment will you please to ask him where about it is Mr. D. Record Mr. Ashton will you tell me where 't is written Mr. Ashton In the Indictment when you come to speak of Cymba a Boat Mr. D. Record By the sound I cannot distinguish whether it be S or C. Mr. Ashton Sir I hope you will do me the Justice to examine the Indictment it self Mr. D. Record The Clerk is looking upon it how is it Mr. Hardesty Is it with an S or a C Cl. of Arr. It is with a C. Mr. D. Record The Clerk has read it and he certifies me it is in both places with a C which is true Latin Mr. Ashton Is it in all places with a C Cl. of Arr. I have lookt in two places and 't is right I 'll look further if you please Mr. Ashton Pray do which he did Cl. of Arr It is with a C. in all places Mr. D. Record The Clerk tells me it is the same and right in every place and he has lookt over all the Indictment as to the matter Mr. Ashton Then Sir I submit to it Mr. D. Record Make Proclamation for Silence which was done Mr. D. Record My Lord Preston or rather Sir Richard Grahme and Mr. John Ashton Ye have been Indicted Arraigned and Convicted of High Treason against their present Majesties King William and Queen Mary whom God preserve Ye have had a long and a fair and favourable Tryal as any Persons that ever have been tryed at this Bar. The Jury that has passed upon your Lives and Deaths has convicted you and the Court are now to do their last Act which is to pronounce that Sentence that the Law does inflict upon 〈…〉 as ye stand Convicted of It is a great trouble to me to 〈…〉 Judgment that is so heavy upon you but I must say the Evidence 〈◊〉 has been given against you was so clear and I suppose not only convincing to the Twelve Men that tryed you but to all By-standers that I can do it with that satisfaction that becomes one who is intrusted with the King's Justice that the Law may obtain and that there should be no Interruption of Justice And the Sentence that the Law has declared should be pronounced in this Case is this That Ye do respectively go to the place from whence Ye came from thence to be drawn upon a Sledge to the place of Execution to be there hang'd up by the Neck to be cut down while Ye are yet alive to have your Hearts and Bowels taken out before your Faces and your Members cut off and Burnt Your Heads severed from your Bodies Your Bodies divided into four Quarters Your Heads and Bodies respectively to be disposed of according to the King's Will and Pleasure and the Lord have mercy upon your Souls Then the Prisoners were conveyed away to Newgate the Place from whence they came AN ACCOUNT OF TWO LETTERS One of which is from the Late King James TO THE POPE As it is Extracted out of the Register taken at Dublin July 4. 1690. With a Marginal Note That it was all written with His own Hand THE OTHER IS An Original LETTER FROM THE EARL OF MELFORT The late KING 's Principal Secretary of State TO The Late Queen Taken also at DVBLIN at the same time IT is thought proper upon this Occasion to expose these Letters to publick View which would not have been so seasonable at another time as now when the Enemy has given open Proofs of those Designs which by these Letters will appear to have been long concerted by them and although by the Providence of God they have been hitherto prevented yet since hereby and by the late Discovery the Industry of those who endeavour to Subvert this Government is not only manifest but that they give themselves great encouragement to believe they shall be able to effect it It is hoped that these warnings will stir men up to such a degree of Vigilance as will make them careful to prevent any future Designs against the Peace and Quiet of the Kingdom Beatissime Pater GAudium ex Vestrae Sanctitatis in B. Patris Cathedram elevatione conceptum literis nostris per Comitem de Melfort primum Secretarium nostrum missis expressum Literae S. V. manu scriptae sinceri amoris paterni tenerae compassionis ob ea quae Patimur testes adeo auxerunt ut malorum sensum minuerint nos verè consolata sint Unica turbarum contra nos excitatarum origo est quod Catholicam Fidem amplexi simus eamdem in tria Regna latè sparsas per Americam nostrorum subditorum Colonias reducere statuisse nuper neutrum negamus Posterius quae fecimus in hoc Regno probant ubi enim divino auxilio parvas quidem sed frequentes victorias de Rebellibus reportassemus magnam impedierunt isti decretoriam pugnam pertinacitèr declinantes iis in Religionis bonum usi sumus quam hîc spero brevi firmitèr stabilitum iri Idem in aliis ditionibus nostris factum ubi divinâ
Edmund Elliot as false Traitors against our Soveraign Lord and Lady King William and Queen Mary not weighing the Duty of their Allegiance the 29th of December in the Second year of their now Majesties Reign at the Parish of St. Clements Danes in this County of Middlesex did Conspire Consult and Imagine to Depose Their Majesties from the Throne and Government of these Kingdoms and to bring the King and Queen to final Death and Destruction and to Levy War within this Kingdom and procure an Invasion to be made here and that to bring their Treasons to pass they did prepare and compose and cause to be prepared and composed divers Treasonable Letters Notes Memorandums and Instructions in Writings which were to inform the French King and his Subjects and other Enemies of the King and Queen of the Number Force and Condition of Their Majesties Ships and how some of them were Mann'd and the Names of several of the Commanders of them and how the Castles and Forts of Portsmouth South-Sea and Gâ—sport within this Kingdom were fortified and how they might be Seized and Surprized by the King's Enemies as also to inform them of the time places ways and means how they might Invade the Kingdom Depose Their Majesties and Fight with their Ships against Their Majesties Ships and cause and procure great Forces to be raised against the King and Queen and fend Ships to plague the City of London and War and Rebellion within the Kingdom to procure and that they did knowingly and secretly prepare and conceal two several Bills of Exchange for the payment of Money to the King's Enemies and got these Bills of Exchange Letters Notes and Memorandums into their Custody and afterwards the 30th day of December for the Sum of One hundred pounds by them or some of them paid they did hire a Ship to carry them and the said Bills of Exchange Letters Notes Memorandums and Instructions into parts beyond the Seas to and among their Majesties Enemies and did also prepare a Boat which was to carry them to the Ship and accordingly they went into the Boat and went on Board the Ship with the Bills of Exchange and Papers aforesaid and being on Board they set Sail and made away towards France with those Bills of Exchange and Papers with intention to disperse them and to perfect their said Treasons And the Indictment further sets forth that there was and is a War between Our King and Queen and the French King and the People of those parts under his Dominions who are Enemies of the King and Queen the Prisoner together with those other two named before as false Traitors did adhere to the Enemies of the King and Queen and to bring about this Treason they did procure such Bills of Exchange Letters Notes Memorandums and Instructions and did hire such Ship and Boat to carry them and those Papers into France and did go on board the said Ship and Sailed away for France with intention to aid and assist the King's Enemies in Counsel and Intelligence by those Papers and Bills of Exchange as I before opened unto you and this is laid to be against the Duty of his Allegiance against the Peace of Their Majesties Their Crown and Dignity and against the Form of the Statute in that Case made and provided To this Indictment Gentlemen the Prisoner Pleaded he is Not Guilty and for his Tryal hath put himself upon his Country which you are if we prove him Guilty it is your Duty to find him so Mr. Sol-Gen My Lords and Gentlemen of the Jury the Indictment hath been opened to you at large and I do not doubt but you have observed it It consists of two Parts which are formed upon two several Branches of the Statute of the 25th of Edward 3. the one is for compassing and imagining the Deposing and Destruction of the King and Queen the other aiding and assisting the King and Queens Enemies Treason Gentlemen consists in the imagination of the Heart but because that imagination of the Heart can be discovered no other way but by some open Act therefore the Law doth require that some Overt Act manifesting that Intention and Imagination be assigned and proved I doubt not but you have observed that there are several Overt-Acts of both these kinds of Treason assigned in this Indictment Gentlemen the general Design of the Conspiracy as will appear by the Evidence was this The King and Queen were to be Deposed and this was to be effected by a French Army and a French Fleet. It will be easily Granted that nothing more dreadful can enter into the Imagination of an English-man than the destruction of our Fleet and the Conquest of the Kingdom by the Arms of France But yet it will be part of the Evidence that we shall offer to you that the Prisoners and others of the Conspirators seem to be of another Mind for amongst the Papers which were taken with the Prisoners you will see one which is styled The Result of a Conference wherein they pretend to shew the possibility of Restoring King James by the Power of the French King and yet to preserve the Protestant Religion and the Laws and Liberties of the Kingdom They themselves went no farther than to think it possible and I believe it will be hard to perswade any other English-man that it is possible unless one Instance could be given that the French King ever employed his Arms for setting up any Body but himself his own Religion and his own Government I never heard that he did pretend to Form any part of his Glories upon the virtue of Moderation or Self-denial And there can hardly be imagined a greater Instance of Self-denial than for the French King after he had destroyed the Dutch and English Fleets and subdu'd our Forces at Land not to make use of his Success so as to add these Three Kingdoms to his Conquests and possess himself of the uncontested Dominion of the Sea for ever but only to Intitle him at so great hazard and Expence to become a Mediator between King James and the People of England and by his Mediation to establish the Protestant Religion and the Liberties of the People And yet as absurd as this seems you will find this to be the Result of one of their Conferences I did never think it was the part of any who were of Counsel for the King in cases of this Nature to endeavour to aggravate the Crime of the Prisoners by going about to put false Colours upon Evidence or to give it more than its due weight and therefore I shall be sure to forbear any thing of that Nature But I think it my Duty to give you some Account of the Nature and Course of the Evidence to be produced to you which consisting of several sorts it will be in some sort necessary to open it that you may the more clearly apprehend it and with more ease make your Observations upon it Gentlemen we shall
Billop brought to me a Bundle of Papers tied about with a Packthread to vvhich was fixed a piece of Lead I believe the same piece that was now produced at least it was one very like it he brought also a Signet which I presume I can know again when I see it Mr. S. Thompson Pray shew my Lord the Seals which was done E. of Nottingham This is the Signet I presume vvhich he brought to me I am sure he brought just such a one if not the same those Papers vvhen he delivered them to me I opened in his presence and vvhen I had so done I read them and put them up together again and sealed them with my own Seal and delivered them to him back again What the Papers are and what he did with them I suppose he vvill give you an account Ld C. J. Holt. But your Lordship says the Bundle of Papers he delivered to you you sealed up and delivered to him again E. of Nottingham All those Papers that he brought to me I did seal up and deliver back to him again Mr. S. Thompson Pray my Lord were they ever out of Capt. Billop's sight vvhile your Lordship had them E. of Nottingham Not after they were opened there was a little Paper that was tied to the Bundle which fell loose upon the taking away the Lead and I opened that while he vvas by and the Bundle lay upon the Table while I examined my Ld Preston and after my Ld Preston vvas gone out I called in Capt. Billop who vvent out while I examined my Lord and I opened that great Pacquet in his sight and read the Papers and he read some of them and all the Papers in the great Pacquet and the little Paper that was stuck in I delivered sealed up to Capt. Billop Mr. S. Thompson Pray my Lord Were the Letters in the Pacquet sealed E. of Nottingham Yes there were some of them sealed and all that I received from him I delivered to him and no more Ld C. J. Holt. The Gentlemen of the Jury hear vvhat my Lord says E. of Nottingham The very same all and no more I say M. S. Thompson Capt. Billop when you had them back from my Lord of Nottingham pray to whom did you deliver them Capt. Billop To my Ld President Mr. S. Tremain Then vve must desire my Ld President would be pleased to be sworn The Marquess of Carmarthen Lord President of the Council was Sworn Mr. Sol. Gen. We must desire the favour of your Lordship to acquaint the Court when Capt. Billop came to your Lordship what he said and what he brought with him L. President Capt. Billop did bring me a bundle of Papers and he told me he brought them from my Ld of Nottingham and they were sealed wrap'd up with a Packthread and sealed with a Seal which I knew to be my Lord's Seal he delivered them to me my self and these Papers I kept till I shew'd them the King the next morning And after I had shewed them the King the King delivered them up back to me having read some of them and commanded they should be delivered to the Cabinet Council A Cabinet Council was called and accordingly there I did deliver them Paper by Paper and they were all marked by my Ld Sidney and some I think by my Ld Marlborough and so I delivered them all together to my Ld Sidney Mr. Sol. Gen. Then we desire my Ld Sidney would please to be sworn The Lord Sidney Sworn Mr. Serj. Thompson Will your Lordship please to acquaint the Court and the Jury what Papers were delivered to you and by whom and where those Papers are Ld Sidney The Papers that were delivered by my Lord President I have kept them my Lord ever since As soon as I had them I read them and marked them with a Letter of my own Name the Letter H. I have kept them ever since only one morning I gave them to Mr. Bridgman to be copied out assoon as he could and he delivered them me back again and they have not been out of my Custody since only the Night before last Night they were sent to Mr. Sollicitor to read and brought immediately to me again Mr. Sol. Gen. To whom did your Lordship deliver them to be copied Ld Sidney To Mr. Bridgeman I tell you Mr. Sol. Gen. So that they were never out of your Lordship's Hands till now but only in Mr. Bridgeman's Hands Ld Sidney No I kept them in my Pocket ever since only the Night before last Night when they were sent to you Mr. Sol. Gen. Did your Lordship mark them before they were delivered to Mr. Bridgeman to copy Ld Sidney Yes I marked them when I received them Ld Preston My Lord Chief Justice your Lordship does observe that Capt. Billop swears that they were never out of his possession till he delivered them to my Ld Nottingham my Ld Nottingham says he never opened them but left the Pacquet upon the Table while I was examining L. C. J. Holt. Pray my Lord will you speak a little louder that I may hear you Ld Preston My Lord I am saying my L. Nottingham says That while he was examining me the Pacquet lay upon the Table unopened and were never out of his Eye till he sent them sealed by C. Billop and so they come to my Ld President and they were kept by my Ld President my Ld President says my Ld Churchill saw the Papers and they were in his possession L. C. J. Holt. My Ld Preston your Lordship does mistake my Ld President he does not say that they were in my Lord Marlborough's Hands but he did communicate them at the Cabinet-Council where my L. Marlborough was he said indeed they were in the King's Hands but he was by all the while Ld Preston From that time they came out of my Ld President 's Hands I know not what may be put in nor what taken out these Papers are not sealed as I hear of afterwards and passing through so many Hands no body knows what may be done to them Truly I think it very hard to swear after all this that these are the Papers that were taken aboard the Smack L. C. J. Pollexfen Will you please to ask any Questions to satisfy your self of any of these Noble Lords L. C. J. Holt. My Lord I 'le put your Lordship right Ld Preston With all my Heart my Lord. L. C. J. Holt. Your Lordship hears what Capt. Billop says he says he brought them as he took them out of Ashton's Bosom to my Ld Nottingham My Ld Nottingham opened them before him and did deliver them to him again having made them up My Ld Nottingham says the same Papers Capt. Billop delivered him he delivered back again all and no more and Billop says he carried them to my Ld President my Ld President shewed them to the King and afterwards carried them to the Cabinet Council there the same Papers were opened and there they were marked some
by my Lord Marlborough and all by my Ld Sidney Ld Preston Your Lordship will please to observe this my Ld Nottingham was pleased to say he opened no Papers till I was called in and examined and then Capt. Billop withdrew Now my Lord I don't know whether the Captain can say that these were the very same Papers that he took in the Smack L. C. J. Holt. Capt. Billop says that he saw the Papers opened by my Lord Nottingham Capt. Billop My Ld Preston observes a thing that is very right my Lord that after I had delivered the Pacquet to my Ld Nottingham while my Lord was examined I withdrew but my Ld Nottingham has given your Lordship an Account that he had not opened the Pacquet then but only the small Letter or Note that lay apart from the rest But my Lord the Pacquet was in the same condition when I came in again upon the Table as when I left it my Ld Nottingham as I believe had not opened that Pacquet for I found it just as I left it upon the Table L. C. J. Pollexfen My Ld Nottingham says he delivered back to Capt. Billop all the Papers that he received from him they were never out of my Lord Nottingham's presence nor were they opened as my Lord says but in Billop's presence nor opened till after my Lord's Examination except the little Paper that was stuck in and was loose upon taking away the Lead Mr. Sol. Gen. Pray swear Mr. Bridgeman which was done Mr. Serj. Tremain Pray when you received the Bundle of Papers from my Ld Sidney to whom were they carried and to whom were they delivered Mr. Bridgman My Ld Sidney gave me these Papers to have them copied and I copied some of them with my own Hand the others I delivered to Mr. Poultney and were copied in my presence in the Office They were never out of my sight and as soon as ever they were copied I carried them back to my Ld Sidney and delivered them to him my self Ld Preston Were any of them taken from you Sir Mr. Bridgeman My Lord I say I copied some of them my self the others were copied in my sight and presence in the Office Mr. Serj. Thompson Pray Sir let me ask you one Question Were the same Papers that were delivered to you by my Ld Sidney redelivered back again and altered Mr. Bridgman I am very sure I gave them all the same back again because I read them every one before they were copied Mr. Serj. Thompson Did you observe my Ld Sidney had marked them before you had them Mr. Bridgeman Yes they were all marked before I had them Ld Preston My Lord I desire to ask Mr. Bridgeman this Question Pray Sir Were they sealed up when you sent them to my Ld Sidney Mr. Bridgeman No they were not sealed they were tied up but about the Seals I remember when I was in my Ld Sidney's Office Ld C. J. Holt. The Question is ask'd you Whether you carried them back sealed or no Mr. Bridgeman No. They were not sealed when they were delivered to me but I can safely swear they were never out of my Custody till I delivered them back again for vvhat I did not copy my self were copied in my sight Mr. S. Thompson But your Lordship is pleased to observe they were all mark'd by my Ld Sidney before they were delivered unto him Mr. Sol. Gen. Then my Lord we have done with our living Witnesses for the present and will read the Papers Mr. Bridgeman One thing my Lord I do remember as soon as my Lord Sidney received the Papers back again he looked over every one of them and read them and looked upon the Marks Ld Preston If your Lordship please I would beg the favour to ask one Question of my Ld Sidney Pray my Lord did your Lordship number the Papers Ld Sidney No my Lord I did not number them Ld Preston But your Lordship says upon your Oath and Honour that those are the very Marks upon them that your Lordship set there Mr. Sol. Gen. We are indeed to produce them and then we shall ask that particular Question Ld C. J. Holt. My Ld Sidney will see them and then he will answer your Lordship's Question Ld C. J. Pollexfen My Ld Preston my Ld Nottingham is here a Witness and his Occasions call him away have you a mind to ask him any more Questions Ld Preston No my Lord. Ld C. J. Pollexfen What say you Gentlemen have you any further occasion for my Lord Nottingham Mr. Sol. Gen. My Lord we must beg his Lordship's Patience we do not know what occasion there may be I desire this Paper may be shewn to my Ld Sidney which was done Ld Sidney That is my mark that Paper I know is one of the Papers Mr. S. Tremain Here are two of them one of these is the Copy of the other both were taken in the same Packet the one is fairer written than the other Mr. Sol. Gen. Gentlemen the Paper we are now offering to you is that which I mentioned before it is the Result of a Conference there were two of them taken in this Bundle the one of them seems to be the first Draught the other is a Copy more fairly written but I think they are both in effect the same however they were both taken in the same Pacquet and you shall hear them read Ld Preston My Lord I desire that before it be read it may be shewn to Capt. Billop to know whether it be the very Paper that he took Ld. C. J. Holt. Ay let Capt. Billop look upon it Capt. Billop My Lord I do not remember that Paper Ld Preston Your Lordship observes that Capt. Billop cannot swear that this was one of the Papers that he took Capt. Billop All the Papers that I looked into I marked and all the Papers that I mark'd I can swear to and no others Ld C. J. Pollexfen Did you look into all the Papers Capt. Billop No I did not Ld C. J. Holt. But he swears all that he brought to my Ld Nottingham were sealed up by my Ld Nottingham and carried by him from my Ld Nottingham to my Ld President and my Ld President swears he delivered them all to my Ld Sidney and my Ld Sidney swears this is one of those Papers Ld Preston Certainly my Lord 's swearing to a Paper in this manner cannot be a good Proof my Circumstances my Lord are very hard and your Lordship I have heard ought to be of Counsel for me in any Point of Law and my Lord I humbly desire to know whether this can be a Proof of a Paper that he says was taken in a Pacquet and yet he can't swear it Ld C. J. Holt. My Lord he does not swear that this was one of the Papers but the Question is Whether all these Witnesses together do not prove it You see how the Evidence runs All the Papers taken were delivered to my Ld Nottingham All that were