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
that it was hoped it may be out in March But you will find by other Papers and particularly by one of my Lords own Hand-writing that he was of another mind that the Fleet will not be out before June Gentlemen the last sort of Papers which I will mention to you are some Memorandums and Notes written by my Lord Preston wherein he gives an Account of several Things of great moment which as his memory served him are put together without connexion or method being only to remind him of them when he should have occasion to mention them He therein gives an Account of the Number and Strength of the English Fleet how they are manned and who are the Principal Officers and Commanders and in what time they will be out He likewise gives an Account of the Number and State of the Dutch Fleet and how that is to be divided and disposed of And with relation to the French Fleet there is a particular Memorandum That they must be out at farthest in April That they must be out so as to separate the Dutch Fleet and ours That they must be sure to look in at Spithead as they come by and secure what Ships should be in that Harbour from joyning the rest There is also a hint given of those that were most likely to come in to them And there is Advice in what place their Fleet should fight ours They must not come so high as Beachy where they fought the last year but rather chuse to fight in the Chops of the Channel There is an Account of Portsmouth how fortified and garrison'd that it had but 500 men that Gosport had nothing but Pallisadoes about it and Southsea Castle very weak There are Memorandums of other Heads proper for a Declaration There are the Names of several Persons some of them with particular Characters and some without and amongst the rest there is this Character given of the Clergy of the City of London that they are the worst of all others Gentlemen we shall proceed to the Evidence and first call the Living Witnesses and then read the Papers and when you have heard what the one can say and what the other contain we must leave it to your Confideration and submit all to the Direction of the Court. Mr. Serj. Tremayn Pray swear Mrs. Pratt Jane Pratt Who was sworn with Seven or Eight more Mr. Serj. Tremayn Mrs. Pratt Pray will you tell us what you know concerning the hiring of a Vessel and whether it was to go and by whom it was hired and for what Pray tell your whole knowledge in this Matter Mrs. Pratt Mr. Burdet may it please your Lordship sent for me to his House to hire a Vessel to go for France and asked me if I could carry them secure I told them I could let them have a Smack that would carry them and if it please you my Lord we met several times at his House and at last there was Mr. Ashton there and Mr. Ashton appointed to meet at the Dog Tavern upon Ludgate-hill I think they call it the Wonder Tavern L. C. J. Holt. Mrs. Pray begin again and speak out Mrs. Pratt Mr. Burdet sent for me to hire my Smack to go for France and they asked me if I thought it would carry them secure I told them yes I thought it would And I came several times about it to Mr. Burdet's House the Smack was not then come to the Tower as it did afterwards and then after they sent for Mr. Ashton and he met me at Mr. Burdet's and meeting at Mr. Burdet's he gave me a Note to meet at the Dog Tavern upon Ludgate-hill and there Ashton met but Mr. Burdet did not come Mr. Serj. Tremayn Who was with Ashton when you met at the Dog Tavern Mrs. Pratt None but a Man of his as Mr. Ashton said there we sat about an hour and an half and did nothing At length we went away and appointed to meet at Mr. Burdet's House the next day at Seven or Eight a Clock and there we met and the Bargain was made Mr. Serj. Tremayn What Bargain Mrs. Pratt I askt a 150 l. and they told me that was too much says Ashton I will give you Fourscore Says Mr. Burdet pray encourage them offer them a 100 l. thereupon he did offer a 100 l. and we agreed for a 100 l. Mr. Serj. Tremayn What day was that can you remember Mrs. Pratt We met on the Monday and the Tuesday we agreed Mr. Serj. Thompson What Money was paid Mrs. Pratt Ninty three Gnineas and Six pence Mr. Serj. Tremayn Who was by when the Bargain was made Mrs. Pratt Mr. Ellyot was along with them Mrs. Burdet and the Master of the Vessel at the Agreement Mr. Serj. Tremayn What is the Master's Name Mrs. Pratt His Name is Pasely and there was Six-pence broken and Mr. Ashton took one of the Six-pences and Mr. Burdet ordered him to give his Wife the other and so he did and when the money was paid Mr. Ashton brought it in a Paper wrapt up and said we should see it told out and he told it out there and it was Ninty three Guineas and the Six-pence Mr. Serj. Thompson Who did they tell you they were to carry into France Mrs. Pratt Truly my Lord they said Three that was all Mr. Serj. Tremayn What followed then Did they give you any Note where you were to come for them Mrs. Pratt Mr. Ashton bid Mr. Ellyot write a Note where they should come it was at Mr. Rigby's in Covent-Garden at the Seven Stars and there we were to meet at a Eleven a Clock at night and when we came there Mr. Ashton was within and went out and fetch'd in some Company Mr. Ellyot came and two other Gentlemen that I never saw in my Life before Mr. Serj. Thompson Mistris you speak the breaking of a Six-pence what was to be done with that Mrs. Pratt My Master was to bring the half of the Six-pence that Mr. Ashton had to Mrs. Burdett and then we were to have the 100 l. Mr. Serj. Tremayn Had Mrs. Burdet the other Piece Mrs. Pratt Yes Mr. Ashton had one half and she had t'other Mr. Serj. Thompson Was there any Provision carried on Board this Smack Yes there was a Hamper and a Trunck which were fetcht from Mr. Burdet's House my man John Fisher carried the Trunk and a Porter carried the Hamper and I took care to see it put in the Vessel Mr. Serj. Tremayn When you came to Covent-Garden that Night what Discourse had you and what inquiries were there made and by whom Mrs. Pratt Mrs. Ashton comes in as she said Mr. Ashton was her Husband and said there was some News from Court of having Papers in a Hatt and that they had chosen some Lord or other Something it was I remember I can't tell what but says one Gentleman that stood by and said I was chosen the last year that signifies nothing and another said I missed it It
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
which prolongs what they so passionately desire The Methods thought upon are these First To prevent dangerous and foolish Intelligence by forbidding all in that Court to write any News hither and that K. J. only have his Correspondence by whom to hear from and speak to People here since Letters so often miscarry and are filled with nothing but what we should not hear and what we have are Arguments for the most part against the K's Restoration Secondly Since there is a great Body of Protestants that never defected and that many Thousands are returning and that they are the Natural Weight and Power of these Kingdoms by having the Heads Hands and Wealth of their side to the odds and advantage of at least Two Hundred Protestants to one Catholick the K. may think of nothing short of a Protestant Administration nor of nothing more for the Catholicks then a Legal Liberty of Conscience for much e mutt is against all other Notions to which all private Passions and artificial Frames in Government must yield or break He may Reign a Catholick in Devotion but he must Reign a Protestant in Government Cromwel could not yet on a broader bottom with a Victorious Army subsist or keep what he had got Thirdly He must give us a Model of this at St. G. by preferring the Protestants that are with him above the Catholicks one being Loyal upon less tyes of Interest and to tell the Nation here what they are to hope for when he comes Fourthly He must give Incouragement to Lords and Gentlemen here to come to him at least Seven or Nine for a standing Council which will make us here think he is in some degree ours again and that we have a relation to him and some interest and share in him by the Men of Quality of our own Religion that are with him This will incomparably faciliate the matter here nor will they when they come come empty and in their own Names which is still better and will be more satisfactory there Fifthly To induce this English Protestants should be encouraged by an Edict of Liberty from the K. of F. to have Chappels at their own Costs in which to Worship God after their respective ways by which that K. will make us reflect upon his Conduct towards his Hugonots rather to flow from the hazard he thought himself in by their Antimon and resisting Principles then a desire of Persecution Lastly All other requisite Measures depending upon the acceptance this finds an Answer hereunto is impatiently desired by those that have Discoursed the K's Business to this Maturity So ended with an Vnanimous Consent both Tories and Whiggs upon this Occasion that are in a way of closeing in his Interest Lord Preston I can very safely swear my Lord that I never saw that Paper in my Life L. C. J. Holt. Come go on with your Evidence Mr. Sol. Gen. This is another Paper of the same but the Words that are written short in that are written at length in this The Paper was read accordingly and in the first blank there was written K. J. in the first Paragraph France twice in the third Paragraph St. Germains in the Fifth Mathemat for Much e mutt the rest are obvious and need not be supplied Mr. Sol. Gen. Pray shew my Lord Sidney that Paper what says your Lordship to it Lord Sidney This is one of the Papers that I marked and that I received from my Lord President Mr. Sol. Gen. Pray will my Lord President be pleased to give himself the trouble to cast his Eye upon that and see if that be one of the Papers Lord President My Lord I remember it well it is one of the Papers I received from Capt. Billop Mr. Serj. Tremain This Paper is what Mr. Solicitor mentioned as heads of a Declaration Lord Preston My Lord I think it necessary to offer one thing to your Lordships before it be read I desire Capt. Billop should swear it to be one of his Papers Mr. Sol. Gen. If your Lordship pleases you observe what has been done already My Lord President says 't is one of those Papers that was sent him by my Lord Nottingham and my Lord Sidney has sworn it is one of the Papers he had from my Lord President Lord Preston I shall not give your Lordship any more trouble than needs I only offer it your Lordship I wave it L. C. J. Holt. There is Evidence enough to have the Paper read Clerk of the Peace Reads That the King will return with a design of making an Entire Conquest of his People is so ridiculous as well as difficult that it needs not be spoken to That the Kings Declaration be worded 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 Law that whatsoever things were formly done by him which occasioned Jealousies in the minds of his People shall be left to the determination of a Parliament to be formerly and regularly called assoon as is possible That he has given sufficient Evidence of his unwillingness to bring an Army of Strangers into his Kingdom by refusing the Succors of the King of France offered him and which were even ready to be Embarked upon the first Notice of the P. of Oranges intended Invasion That he brings with him such an Army only as is necessary for his own defence and for the security of such of his Loyal Subjects as shall resort to him that he will dismiss them as soon as he shall have rid the Nation of those Forreigners who have Invaded it and trampled upon the Laws and Liberties of his People The Kings large exercising his Dispensing Power gave the great alarm to the People and contributed most of all toward General Defection Yet when that Power came to be debated in the last Convention there appeared so many difficulties in the limiting of it every Body even the present Judges believing it necessary That a dispensing Power should be in the K. That it was let fall and that point remains as it was And without mentioning that or any other particular the K. can be in no danger by leaving all things which have been the occasions of Jealousies to the determination of Parliament where besides the Kings professed Friends and Servants there will not want others who will be glad of opportunity to ingratiate themselves L. C. J. Pollexfin Gent. of the Jury If you desire any thing to be read again or any thing doubtful in it should be Explained tell us and it shall be done Juryman No my Lord There is no occasion for that I believe we apprehend these three Papers that have been read Lord Preston My Lord It is necessary the Gentlemen of the Jury should be satisfied in this point L. C. J. Pollexfen Ay in any point and if they desire any scruple should be cleared the Court will do it for them Juryman My Lord I desire
to know whether Captain Billop Signed that Paper or no. L. C. J. Holt No he did not sign half of them but unless it be proved you ought to take it for granted that it is not Signed by him Lord Preston My Lord I think it fit the Jury should be satisfied in any scruple they raise L. C. J. Holt They asked this Question Whether Captain Billop did sign the Paper and I told them Capt. Billop did not say so and therefore they are to take it for granted that he did not Juryman My Lord We take this last Paper that was read to be a Paper that was delivered in the Bundle taken from Mr. Ashton to my Lord Nottingham but not Signed by Capt. Billop L. C. J. Pollexfen Then you take it right Mr. Sol. Gen. Then the next Paper that we produce is a List of the English Fleet that these Gentlemen were carrying over into France Lord Preston That is printed and to be found in every Coffee-House Mr. Serj. Tremain Shew that Paper to Capt. Billop Which was done Can you take it upon your Oath Captain That that Paper was in the Pacquet that was taken in Mr. Ashtons Bosom C. Billop That Paper I have marked and that Paper I swear was in the Pacquet I took away from Mr. Ashton aboard the Smack L. C. J. Holt You are sure of it C. Billop Yes my Lord. L. C. J. Holt Then read it Clerk of the Peace Reads SHIPS Rates Ships In Repair Not Building 1 8 5 3 Â 2 12 11 1 Â 3 35 34 1 Â 4 38 34 4 4 5 14 14 Â 1 6 9 9 Â Â Fireships 25 25 Â 8 Bomb. Vessels 1 1 Â Â Ketches 1 1 Â 8 Â 143 134 9 21 Brought in by Admiral Russel to the House of Commons Decemb. 24th 90. the Fleet whereof 60 Dutch Memorandum The new Ships Building are Expected will be ready to be lanched by the end of March. Mr. Serj. Tremani Pray shew this Paper to Capt. Billop Which was done Pray was that Paper there among the others that were taken with these Gent. Capt. Billop Yes it was Mr. Sol. Gen. Can you take it upon your Oath that that Paper was in the Pacquet that was in Mr. Ashton's Bosom Capt. Billop Yes my Lord I can Mr. Serj. Tremani Pray shew him that Paper too Which was done Mr. Sol. Gen. And can you take upon you to say That that was one of the Papers in the Pacquet C. Billop Yes it was Mr. Sol. Gen. My Lord We desire these may be read Clerk of the Peace Reads New-Years Eve And it is directed for Mr. Redding Sir Though the Bearer of this will do us the Justice to assure you we are as full of Duty as unfeignedly and unconcernedly yours as your self could wish yet this Gentleman has undertaken You will forgive the Presumption if I do my self the Honour to give you this fresh assurance in a few words which I hope we do by our Accounts I shall omit no Occasions not neglecting the least and making Zealous Wishes for the greatest to shew our selves such as we ought to be Sir I speak in the Plural because I write my Elder Brothers Sentiments as well as my Own and the rest of the Family though lessened in Number yet if we are not mightily out in our Accounts we are growing in Our Interest that is in yours He that delivers this will I hope intirely to your satisfaction represent us and me in particular as with all the Devotion imaginable and unchangeable Affection Yours God grant the happiest New Year Mr. Serj. Tremani Read the other Paper Cl. of Peace This is dated Dec. 31. 1690. I must not let this Bearer depart Madam without assuring you Mr. Sol. Gen. Hold Sir Don't Read that yet Here shew this Paper to Captain Billop Which was done What say you Captain Billop Is that one of the Papers taken from Mr. Ashton Capt. Billop Yes This is one that I read and marked Mr. Sol. Gen. Then Read it Cl. of Peace Reads This is Directed for Mrs. Redding As 't is impossible for me to express that Extraordinary great satisfaction it gave me this time Twelve Month when I had the Honour to receive that Mark of your Favour and Goodness under your own hand So I have lived in some pain for an Opportunity to write you my humblest acknowledgments and truest Duty from which by the Grace of God I am no more capable of swerving than of renouncing my hopes of Heaven I say this in behalf of my Elder Brother and the rest of my nearest Relations as well as for my self You may intirely depend upon us not only for a constant adherence to so well chosen a Principle but for our utmost Activity to promote your Interest which are inseparable from our own I need come to no particulars by this Bearer who can and will tell you our whole heart and I wish you could see them how sincerely they are devoted to your Service God grant you a most happy New Year and many very many and very happy Our young Master hath all our best Wishes he daily gains more Friends and we get ground of his Adversaries New-Years-Eve Mr. Sol. Gen. Now read your other Paper of the 31. Dec. 1690. Cl. of Peace Reads December 31. 1690. I must not let this Bearer depart Madam without assuring you of my best respects I have written by him to a Friend of yours but depend upon you to give my Note credit Though my Creditors were no Friends to the Match which has been so long in treaty for your Relations have been very hard upon me this last Summer yet as soon as I could go safely abroad I persued the business and do beg you to believe that no Endeavours of mine shall be wanting to perfect the Settlement You once put me in hopes of seeing you before this Christmas Your Friends are sorry for the Disappointment Pray lose no more time than is of absolute necessity The Bearer will tell you all things may be now easily sittled if the right way be taken I long to hear how your young Daughter does she will find many Friends and I hope her Portion will be well secured God send you a happy New-Year and that I may be merry with you before it be far spent and I beseech you keep me in the good Opinion of your Friend I will always make good what I promised to you It is directed for Mrs. Charlton Juryman My Lord I desire to know what that is directed to Cl. of Peace 't is Directed to Mrs. Charlton Mr. Serj. Tremani Shew Capt. Billop those two Papers Which was done What say you to them Captain Capt. Billop My Mark is on the outside but there is nothing written in that I believe it is taken of from the Inner Paper Lord Preston Pray my Lord is this any proof I beseech you for Gods sake to have a Regard to a Mans Life Mr. Sol. Gen. Pray
Bearer needs nothing from me to recommend him but he is deserving in our Opinion here and many will take their measures by the usage he finds there and indeed the pressing posture of our Trading Affairs will not permit more Experiments If the several Parcels arrive not that have been promised before the 10th of March at furthest especially the Copper and Linnen of which the Bearer will be more particular I am satisfied we shall loose this Summers profit I am the more pressing because I am well assured of what I write and if ever I judged right it is upon this occasion I have said nothing of another Gentleman that takes this Opportunity to see those parts but he has shewn a zeal and a sincerity in this affair equal to most Jo. is not yet gone by a misfortune but he will follow with a good Postscript in this affair Of my self I will say nothing I hope I need not for no body without Vanity can be more sincerely and affectionately a Friend and Servant to the Company than my self I writ at large yesterday and cannot write what the hand that gives this can say and therefore will write no more but that with the greatest Respect I am c. Mr. Serj. Tremani Pray shew this Paper to my Lord Sydney Which was done Lord Sydney This is one of those Papers I received from my Lord President Then it was shewn to the Lord President Lord President This was one of the Papers in the Bundle I received from Capt. Billop L. C. J. Holt. Then read it Clerk of the Peace Reads SIR I vow to you I do not repine at having lost all for your sake which I got by your favour but it grieves me extreamly that there is not that left which can secure me from being troublesome to you for that is the thing in the World I would not be I have told my Lord my condition What I desire of you he thinks very moderate I hope you will Pray Sir be not backward in setling my little affair for I have deserved your Care Your Daughter and I must starve if this Government can make us I hope our Interests are not divided that is you have an equal tenderness at least for both If you think fit to speak what I would have you to this Bearer he will give me a just account of it You know he is obliged to be my Friend and I believe him grateful since he ventures so boldly for you He brings with him some merry Papers Adieu for I dare write no more but pray send a Messenger on purpose to me that I may know exactly what you will do and would have me do If you send upon no other business there will be no danger Pray Sir ask my Lord and he will tell you how I have been used and upon what account I believe you know it not Decem. the 29th Your Daughter is very well very tall and very pretty as I am told L. C. J. Pollexfen That is not directed to any body neither Mr. Serj. Tremani Pray then shew these Papers to my Lord Sydney and my Lord President which was done They were two L. C. J. Pollexfen These Papers my Lord Sydney swears he received from my Lord President and my Lord President swears he received them in the Bundle from Billop Mr. Serj. Thompson We pray they may be read Clerk of the Peace Dec. 31. 90. WAs my Condition more desperate and uneasie then it is I desire no greater satisfaction then to have done my Duty to so good a Master I wish it was of more use to him that is not my fault nor of those I have acted with Let it be looked into what has been foretold both as to Engl. Scot. and Irel. and see if most of it is not come to pass already and the rest will follow if not prevented I wish it may also be considered what usage we have met with from men imployed and how they have left your Business and Friends how they managed it you will know from all hands things they could not do nor durst not undertake were better undone then not done by them Men in this Place and in these Times must have some Courage as well as Sence to do any thing with People here It is not my own ill usage makes me say this but my concern for one I wish the best to in the World and will give my proofs of this upon all occasions I need not enlarge since all our Grievances are known to him that brings this For my own part I will stay here so long as I can be safe if with ne're so great trouble but it would be some Comfort to know Men when driven from hence may be so therefore the reports of Peoples usage are terrible as well as of the indiscretion of St. Germ. Family we feel the smart of it by ridiculous Letters falling daily into the hands of the Government Their Master and Mistress are little obliged by it no more then we If there is any thing Sir you do particularly command me or depend upon me for let me know it I cannot undertake much nor furnish more I have still helped every Body and paid to every thing I could and if a twelve month ago my condition was what I then represented you best know if it has been mended Vse and considering that of others makes me grow more contented and if the prospect of misery to us all was any satisfaction that is now plainly seen Pray God bless us all by restoring every Man his own and you with long Life He that gives you this hath furnisht for your use to me c. Two Hundred Pounds which I desire may be repaid Mr. Soll. Gen. Read the 'tother it is in the same hand and was enclosed in the former Clerk of the Peace Reads I only beg Madam no ill malicious Report may take any place in your Thoughts in regard to me I value your good Opinion and will endeavour to deserve it I can do little towards but wish most heartily for your Happiness I know no Interest Madam but my Masters and yours nor do I think they are to be made two If you command me any thing I will faithfully obey you as I have ever done him We all here depend upon this Bearers accounts of us and our Condition His Faith and Courage hath been enough experienced Mr. Serj. Tremani Here is another Paper shew that to C. Billop Which was done Capt. Billop This Paper I did mark and this was one that was in the Bundle L. C. J. Pillexfen What is it Brother pray open it Mr. Serj. Tremani 'T is a draught of a Cipher with an Alphabet of Names for carrying on the Correspondence Mr. Serj. Thompson Your Lordship observes these matters were designed to be carryed on under several sorts of Cants L. C. J. Holt. What says Captain Billop to that Paper Capt. Billop That was one of the Papers that I read at
my Lord Nottinghams and markt it there L. C. J. Holt. Then Read it Clerk of the Peace Reads For Mrs. Anne Russell to be left with Mrs. Richeson at the Blew Bore in Ryder-street near St. James's A the King B the Queen C the Prince of Wales D the Prince of Orange E Canon and the Scotch Officers F the Duke of Berwick G Duke Tyrconnel H Major General Sarsfield I Lieutenant General Shelden L King of France M Marshal Luxemburgh N Marshal Belford O Duke Powis P Dutchess Powis Amsterdam Breast Rotterdam Deip. Hague Hauvre de Grace Brill Dunkirk Harlam Callis Italy England Germany Scotland Spain Ireland Mr. Serj. Tremain Then the next Papers we produce are the Bills of Exchange Pray shew them to Capt. Billop What say you Capt. Billop were those among the other Papers Capt. Billop Yes they were I remember very well Mr. Serj. Tremain My Lord they are in French and therefore we must Swear a Gentleman that we have here to Interpret Call Mr. Humphry Levermere Mr. Levermere Here I am He was sworn A Londres le 29 Septembre Monsieur LEs presante vous sera rendus par Monsieur Orbinet qui est un de mes bon amis qui se fera cognoistre par quelque personne de vostre Cognoissance Vouz m'obligerez tresenfiblemant en de luy rendre service en tout ce que vous pouires Il pourra vouz communiquer quelque Affaire en Commission vouz pouvez avoir Confiance en luy de toutes les manieres je vous prie doncque l'obliger en tout ce que vous pourriez Je suis Monsieur Vostre tres humble tres obeissant Serviteur P. du Livier A Mon. Mon. Jo. du Livier Paris A Londres le 29 Decembre 8 Janvier 1690. Monsieur AVn jour de veue il vous plaira payer par cette premiere d'Eschange a l'Order de Mr. Michel Orbinet Trois Mille trois cents trente trois Livres valeur du dit Sieur suivant l'advis de Vostre tres humble tres obeissant Serviteur P. du Livier A Mon. Mon. Jo. du Livier Paris Londres le 29 Decembre 8 Janivier 1690. Pour Liv. 3333. Monsieur AVnjour de veue plaira payer par cette me premiere d'Eschange a l'Ordre de Mr. Michel Orbinet Trois Mille trois cents trente trois Livres Tournois valeur du dit Sieur suis Vostre tres humble Serviteur J. Berionde A Mon. Mon. Anthoine Pelletyer Merchand a Paris London the 29th December SIR THis present will be delivered you by Mr. Orbinet who is one of my good Friends and who will make himself known by some Person of your Acquaintance You will very sensibly oblige me in doing him Service in all that you can He will be able to communicate some Affair in Commission you may have Confidence in him about all Points I pray you then to oblige him in all that you can I am SIR Your most humble and most obedient Servant P. Du LIVIER To Mr. Joseph Du Livier Paris London the 29th December 8 January 1690. SIR AT one days sight be pleased to pay by this First of Exchange to the Order of Mr. Michael Orbinet Three thousand three hundred thirty three Livres Value of the said Gent. according to the Advice of Your most humble and most obedient Servant P. Du LIVIER To Mr. Joseph Du Livier Paris London 29 December 8 January 1690. For 3333 Livres SIR AT one days sight be pleased to pay by this my first of Exchange to the Order of Mr. Michael Orbinet Three thousand three hundred thirty three Livres Tournois Value of the said Gent. And I am Your most humble Servant J. BERIONDE To Mr. Anthony Pelletier Merchant at Paris Mr. Serj. Tremain Pray how much do they all come to Mr. Levermere They come to 500 l. wanting but Twelve pence Mr. S. Tremain My Lord we have shewn your Lordship part of the Papers that were taken in this Pacquet but we have reserved three of the Papers till the last place and these three Papers if we had no other were sufficient to maintain this Indictment for they are written all with my Lord Preston's own Hand wherein he gives an Account how the French should Invade us how the Forts may be taken how London should be plagued and what a sort of Rascals the Clergy of London are these are the Contents of the Papers among other things Pray shew them to Captain Billop Which was done Capt. Billop These were two Papers that were in the Pacquet and the other little one with them Ld. Preston My Lord I would desire your Lordship to observe one thing to the best of my remembrance Capt. Billop said he only mark'd six of the Papers L. C. J. Holt. How many has he sworn to Ld. Preston I believe he has proved more Capt. Billop I never said so I mark'd a great many tho' not all but I did not say how many Mr. Serj. Tremain Were these Papers taken in the Pacquet Capt. Billop Yes all three Ld. Preston Just now he said but two Mr. Sol. Gen. Have you look'd upon them all Sir Capt. Billop Yes I marked but two of them but the other little Paper was with them I read them my self I remember it very well Mr. Serj. Thompson Then we pray the Clerk may read them Cl. of Peace reads Lady D. 2000 l. And 200 l. for Shop-debts Mr. S. Thompson My Lord we would open this piece of Evidence before we read it that it may be understood and we shall prove it to be my Lord's Hand afterwards It consists of many Heads and Particulars without Order or Method and seems to be no more than Memorandums made by my Lord Preston to put him in mind what he was to enlarge upon when he came thither Cl. of Peace reads Lady D. 2000 l. And 200 l. for Shop-debts Pension upon the 14 3 Deckt Ships Britania Ad. Soveraign out and R James 33 3d Rates make the 14 and 30 67. Sundry Hospitals and Fire-ships some built on purpose proportionable Of Third Rates most mann'd 14 not mann'd great ones Rest in some proportion'd Mann'd not well Manned nor will be Britania not out till March the rest perhaps in April The French must be out in April and in the Downs Look in at the Spithead to secure them The Dutch Fleet cannot then joyn them Carter and others at Portsmouth the likeliest Men to come to him Dutch Fleet 36 Sail 9 from 70 to 60 Guns 12 from 50 to 60 the rest betwixt 60 and 70 Get to it before the Conjunction otherways nothing To fight in the Chops of the Channel not to come so high as Beachy Portsmouth not mann'd above 500 One Gibson a Scotch Pedler Lands behind South-Sea Cattle Nothing but Pallisado's about Gossport Jennings or Strickland or Trevannion comes from St. Maloes in one Night most of the Gentlemen have done him most mischief the Tarpaulins his best Friends which despirited Danby desires to be
in the Monk keeps and fortifies Hull King not to be on Board the Fleet Foolish Letters from St. G's taken every day in the D. Post and read in Council about June England 67 great Ships Dutch 60 commanded 36 to us 24 to act by themselves Russel in the Britania Admiral Killegrew the Blue the Duke Ashby the Royal James Delaval the Soveraign Vice-Admiral Blue Carter the Vanguard Those who shall not oppose or resist him to be pardoned Not 21 days coming in or shall not help the P. of O. 600000 l. to the States of Holland No Taxes in his Time and the K. of Fr. will require nothing Chimney-Money to be taken away not excepting Outlaws Scotland let know whether the King will come or not soon and acquaint him with the weakness of the Pr. Councel 3 Dashes or the like of F. of That 's some kind Answer Mr. East Merchant of Bristol to be kept till called for William St from Amsterdam Alexander England George Scotland Dorset Cornwallis Mountague Stamford Shrewsbury Macclesfield Monmouth Devonshire In Feb. the K. come to Scotland endeavour to unite the Episc and Presbit Parties A less sum not interfere with the Fr. K. from Highlanders Campaigns land at Leith the Scotch Army not a French one 5000 good Suedish Foot the reputation of a Protestant Ally two Months to settle Scotland a Commission given to me from Mr. P. For Fl. hinder Eng. and D. from joyning two Vessels of 150 l. price for Pensilvania for 13 or 14 Months Ormond and Brandon disobliged about the Guards To have 1200 Seamen from Denmark and Holland To save Cambell To be left at the Ship in Sheets Westminster Flanders R Scotch Ships in New-Castle Harbour to plague London The Modest Enquiry the Bishops Answer Not the Chilling of them But satisfying of Friends To tell him that to Protect Friends and so soon as Forreigners are gone he will dismiss his The Woman that was with the K. in Ireland and sent Commission to Stafford and failing not to be sent again her Friends live in Covent Garden Private Letters not Protesting Lords against the Usurper Three of Five against the Vacancy of the Crown Beauford Newcastle Thanet Sawyer Lutwich Pemberton Levintz Winnington Mountague Shore London Clergy the worst we have their Wishes and they their Oaths K. Betrayed by J. Porter Seymour said it Lord Nottingham says there will be a Peace with Fr. and the K. left out Bring Forreigners to drive out Forreigners then dismiss them leave all to a Free Parliament No Justices of Peace c. actually in Commission to be Criminal L. C. J. Holt. Well Gentlemen have you any more Evidence Mr. Serj. Tremain My Lord we shall now prove these Papers to be my Lord Preston's own Hand Pray call Mr. Warr Mr. Townesend Sir Henry Johnson and Mr. Bland Mr. Townesend sworn Mr. Serj. Thompson Pray shew Mr. Townesend that Paper Which was done Pray Sir whose Hand-writing is that Mr. Townesend I believe this to be my Lord Preston's Hand I did not see him write it L. C. J. Pollexfen Are you well acquainted with my Lord Preston's hand Mr. Townesend I have seen his Lordship's Hand sometimes L. C. J. Pollexfen How often Mr. Townesend Not very often but I have seen it sometimes Mr. Serj. Thompson Pray were you a Clark in any Office Mr. Townesend Yes I am in the Office of the great Wardrobe where I have had occasion to see his Lordship's Hand sometimes and I believe this to be his Hand Mr. Serj. Thompson Look upon the t'other two Mr. Townesend I do believe these three Papers are my L. Preston's hand Mr. Serj. Tremain Those are the three Papers that have been read last which he says are my Lord's Hand Mr. Townesend I do believe it Sir Mr. Serj. Tremain Pray look upon that Paper with the little one within it Do you know whose Hand that is Mr. Townesend I did not see it written Sir Mr. S. Tremain Do you believe you know who writ it by the Hand Mr. Townesend The latter part looks like my Lord Preston's Hand but I cannot well say any thing to the other it is written so small Mr. Serj. Tremain Then swear Mr. Bland Which was done Mr. Serj. Thompson Give him the Papers We ask you Mr. Bland Whether you were well acquainted with my Lord Preston's Hand Mr. Bland I have seen my Lord's Hand sometimes Mr. Serj. Thompson Have you looked upon those Papers Sir Mr. Bland Yes I have Mr. Serj. Thompson Pray whos 's Hand are they Mr. Bland I do believe these three Papers are my L. Preston's Hand-writing Mr. Serj. Tremain Then we pray Mr. Warr may be sworn Which was done Mr. Serj. Tremain Do you know my Lord Preston's Hand Mr. Warr. I have seen my Lord Preston write but not very often most commonly it was only his Name but I have seen him write some Letters too Mr. Serj. Tremain Pray Sir look upon those Papers whose Hand are they do you believe Mr. Warr. This Paper seems to be like my Lord 's Preston's Hand the other I cannot say much of because that which I commonly saw him write was a large fair Hand and this is a little Hand Mr. Serj. Tremain Pray Mr. Warr look upon these Seals whose Seals were they Mr. Warr. I believe the Seals to be my Lord Preston's one of them was his Seal when Secretary of State Mr. Serj. Thompson You were under him in that Office were you not Mr. Warr. Yes my Lord I was Mr. S. Tremain Now my Lord we have done with our Evidence and shall rest here till we here what my Lord Preston says to it L. C. J. Holt. My Lord Preston you have heard what has been said concerning the matter you have been Indicted for What has your Lordship to say for yourself L. C. J. Pollexfen If the Gentlemen of the Jury desire to see the Seals they may have them The Seals were shewn to the Jury Mr. Sol. Gen. My Lord we have done for the present L. C. J. Holt. Then if your Lordship please you may make your Defence L. Preston My Lord in the first place I must refer myself again to my Indictment for I find my Lord that the Treasons of which I am accused were none of them done in the County of Middlesex and they are laid to be done within this County I find nothing of that kind proved upon me to be done here for any Memorandums that they say may be in that hand I hope the Gentlemen of the Jury will consider that there was nothing followed upon any of these things that may be found in those Papers And in the next place I desire to know whether they are sufficiently proved to be mine that is whether similitude of Hands is proof or not against me in such a case I humbly offer these things to your Lordship and hope your Lordship and the Jury will consider of it L. C. J. Holt. Is this your Lordship's Defence my Lord L.
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
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
L. C. J. Holt. No neither my Lord Sidney nor Mr. Bridgman said so I suppose the Jury are apprehensive of the matter I would not mislead them I 'll assure you nor do your Lordship any manner of Injury in the World Lord Preston No my Lord I see it well enough that your Lordship wou'd not I am for my Life and beg your Lordships pardon for my interrupting of you L. C. J. Holt. Gentlemen the next thing is to consider Whether my Lord Preston be answerable for these Papers or a Party in this Treason First Gentlemen I would have you to consider that there was the hiring of a Vessel for France It is true my Lord Preston was not present at the bargain but you observe that my Lord Preston his Servant Ashton and Elliot took Water at Surry-stairs on purpose to go on Board that Smack Now Gentlemen Whether or no you can intend any other ways than that my Lord Preston was privy to the hiring of this Vessel though he was not present at the hiring of it for how should my Lord Preston be ready to take Water with them at Surry-stairs Can you imagine my Lord came there by chance and took a suddain Resolution If you can imagine that he came only to go on Shipboard without knowing the Previous Design truly you imagine a very great thing for my Lords advantage It is plain he went voluntary without Compulsion truly I think the Evidence is very strong to induce you to believe he was privy to this design and that he did know of hiring the Vessel Lord Preston I hope your Lordship will observe at the same time that I was never seen before we took Boat L. C. J. Holt. My Lord I have observed it and I lay that weight upon the Evidence that I think it will naturally bear and no more and leave it to the Jury to consider whether your Lordship was privy to the Design or no when they weight the Circumstances of the Evidence together Lord Preston I hope I shall not be condemned upon Presumption and Argument L. C. J. Holt. What weight the Evidence has they will consider And then Gentlemen there is another thing that I would observe Why should my Lord Preston a Noble Man a Person of his Honour and Quality put himself in such a place as he was found in and that twice It must sure be out of an Apprehension of some Danger As for the Seamen they were secure enough they were not frightned because they thought they were protected and my Lord Preston knew he was not lyable to be Prest the Master of the Vessel tells you they were fearful and therefore hid themselves in a place they could not stand in nor sit in there was the the Gravel and Ballast it was uneasie to them dangerous to their Health to be there Gentlemen why do Men avoid the light and put themselves under covert unless they have some evil design Persons that are innocent seek not obscurity The Seals were found there and my Lord does not deny they were his Seals Lord Preston I do not deny that I hope it is no Crime to have such Seals L. C. J. Holt. Ay but says my Lord that does not affect because the Papers were not found about me but were found about Ashton Gentlemen if you can imagine my Lord Preston had a different Design from the rest of the Company that were with him then you may acquit my Lord and find him Not Guilty But it is left to you to consider whether he had not the same Design with them Besides there 's mention made in one of the Letters My Lord and there was no other Lord but he and here are Papers proved to be my Lord 's own hand containing several of the matters of which he stands Indicted and he would have had the Captain to have disposed of the Papers Now Gentlemen what account does my Lord give you where he was going it seems they did pretend at the time they were taken and they would have had the Master of the Vessel said that their design was for Flanders but the Witnesses tell you positively That the Vessell was hired for France Truly Gentlemen I must leave the matter to your Consideration whether my Lord be Guilty of this Design or Not Guilty There is another thing that my Lord has urged for I would not willingly omit any thing material on the one side or the other he says his Indictment is laid in the County of Middlesex but the Papers were not taken there the Ship they went on board lay at Anchor in Surrey and when they were taken it was in the County of Kent and so there is no Proof of Treason in Middlesex Ay but Gentlemen give me leave to tell you if you are satisfied upon this Evidence that my Lord was privy to this Design contained in these Papers and was going with them into France there to excite an Invasion of this Kingdom to Depose the King and Queen and make use of the Papers to that end then every step he took in order to it is High Treason where-ever he went his taking Water at Surry-Stairs in the County of Middlesex will be as much High-Treason as the going a Ship-board in Surrey or being found on Ship-board in Kent where the Papers were taken Gentlemen I have failed of recollecting several of the Particulars of the Evidence because they are many and you will not depend upon my Recollection of things so very incoherent as some Parts of the Evidence in the Papers are but upon your own Notes and Observations If you do think having heard this Evidence That my Lord was not concerned in this Matter That my Lord had no Design to go into France with these Papers but that he was an utter Stranger to all these things then you are to acquit my Lord. But if you believe my Lord was privy to and knew of the hiring of this Vessel and that he went to carry on the Design conteined in these Papers and that he wrote some of these Papers and with the others he was acquainted then you are to find him guilty L. C. J. Pollexfen My Lord if you please I would observe one thing to the Jury L. C. J. Holt. Ay by all Means my Lord. L. C. J. Pollexfen Gentlemen of the Jury I shall say but a few Words to you because indeed my Lord has summ'd up the Evidence very fully for matter of Law I am fully of Opinion there never was a more Black nor Horrible Treason than is in this Plot that is now discovered for I think Englishmen have no greater Enemies than the French and the Papists and you see this is a Plot to bring in both and therefore I think there was never any thing of greater Consequence to the Government and the Nation than to have this Plot detected and punished tho' perhaps never any thing was more improbable than this same Plot that it should ever take effect
whatsoever they promised to themselves and their Desire of having it effected might perswade them to the contrary But Gentlemen the thing that I would mention about the Matter before you now is this Here are three Papers that by three several Witnesses acquainted with my Lords Hand-writing are testified as they believe to be his Hand-writing if so then there is an End of all for therein is a horrid deal of Treason conteined If these Instructions these Memorandums these Heads that were written down were my Lords and he did intend to go with these in a Voyage towards France that will be sufficient of it self if there were nothing else in the Case to maintain this Indictment But Gentlemen you have in the rest of the Papers that were taken a great Character of the Bearer that the Bearer had done great things that the Bearer could inform them fully of every thing and there should be full and intire Confidence put in the Bearer and a great many such Phrases But says my Lord I was not the Bearer it was Mr. Ashton that the Papers were found about it does not appear directly who the Bearer was and they were not found about me Now Gentlemen pray let us look a little how this Evidence stands Pray where was this Bundle found even upon the Gravel where my Lord Preston and Mr. Ashton lay there was it found and my Lord 's own Seal with it How in the Name of God came my Lord's Seals to be found with other Peoples Papers if they did belong to any body else How came they together in that place It may be he had a mind to leave his Seals behind him because they would discover his Quality But why should my Lord Preston have all this fear upon him Why should two Men go and take a Ship for themselves aâ—d two others and when they come to take Boat take in my Lord and his Man if they were not the two others that were designed and this to be done at Night in the Dark Why should my Lord be under such terrible Apprehensions as to creep into a hole so unfit for one of his Quality Why do you not hear from my Lord some good Account upon what occasion my Lord and his Man were going to France Or whether else my Lord was really going for somewhere or other it was plain he was going Gentlemen no Man goes into an Enemies Country without some Licence unless he go upon some ill Design Fear seldom is without some Guilt and there appears throughout the whole management of the Story that there was a great deal of Fear upon these Gentlemen Besides afterwards when he is taken and the Letters taken with him in the same Company you hear what endeavours there were to suppress the Truth even by my Lord 's desiring to have the Pacquet disposed of and my Lords Man gave one of the Seamen half a Crown to say they were going to Flanders not to France I suppose the Man knew how unfit it was to be known that they were going to France And my Lords two Companions spared for no Pains to get the Pacquet thrown over-board tho' all that my Lord said was what great kindness he would do him when it lay in his Power if he would dispose of the Pacquet I suppose that is very easily intelligible Gentlemen there is one thing which is mentioned in one of the particular Letters that I desire particularly to observe to you and that is all I shall say to you Here is a Letter in my hand that in divers places has somwhat remarkable it says Your Daughter and I must starve if this Government can make us That the Party did net repine at all for having lost all for your sake which your favour had bestowed And in another place this Letter doth say Your Daughter grows very tall and very pretty as I am told But that which I chiefly mention it for is it 's twice mentioned My Lord will tell you all my Condition how I have been used and I have told my Lord my Condition what I desire of you he thinks very Moderate And pray consider and remember that the first Article of my Lord's Paper that is taken to be under my Lord 's own Hand there is two thousand pound to the Lady D. Now if any body should put these together do they lack any great Interpreter for for my part I leave them to you Then in aother place towards the end of the Letter it is said Pray Sir ask my Lord how I have been used Now this Letter being thus taken and there is never a one of the rest that was a Lord do you think any of the rest was meant I must leave it to you If my Lord Preston had produced any Testimony to prove his own good Carriage and Behaviour towards the present Government it had been very much for his advantage and might have had great weight with you but when things appear only in this manner as they do now I must leave it to you Gentlemen 't is a Great Matter and of great Moment if those that Conspire against the Kingdom against the Protestant Religion and against the present Government may do it with impunity it will be worth the considering what the Consequence of that may be Your own Consciences require you to do Right and Justice on both sides and if you are satisfied he is Not Guilty you will find him so if you are satisfied that he is Guilty you will find him so L. Preston My Lord may I have the liberty to say any thing before the Jury go out L. C. J. Holt. You Lordship should have said what you had to say before It is contrary to the course of all proceedings in such cases to have any thing said to the Jury after the Court has summed up the Evidence but we will dispence with it What has your Lordship to say Lord Preston My Lord I humbly thank your Lordship I am not acacquainted with such Proceedings L. C. J. Holt. My Lord you know I permitted your Lordship to interrupt me as much as you wou'd which was never done before in any such Case L. C. J. Pollexfen It is contrary to the course of the Court But yet if you have any thing to say to the Court or the Jury for this once we permit it Lord Preston Gentlemen of the Jury L. C. J. Holt. My Lord what you have to say pray direct your self to the Court that we may hear what it is Lord Preston My Lord I only desire the Jury may be informed that I am a Protestant that I was baptized in the Religion of the Church of England and have always lived in it and hoped to dye in it My Lord 't is true things have been urged with Severity against me that are a little hard in making that which I hope will amount to but a Presumption to be a Proof as in the case of the Letters that are written in
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
granted that those three last Papers were my Lord Preston's Hand Mr. Ashton Then my Lord I desire the Substance of those Papers may be the â—ore press'd upon the Jury because Mr. Serj. Tremain observed that the 〈◊〉 Design in the Scheme of it lay in those Papers and they are not my 〈◊〉 but another's and for what is in them I know nothing nor am concern'd L. C. J. Holt. What have you farther to say Sir Mr. Sol. Gen. You mentioned another Letter which you did desire should be read Mr. Ashton Ah! two or three where my Lord is named Mr. Sol. Gen. This is the Letter I suppose you mean the Clerk shall read it Clerk of the Peace reads Sir I vow to you I do not repine at having lost all for your sake c. as before Mr. Ashton Gentlemen I hope you will observe in that Letter my Lord is called the Bearer and it tells that he brings Papers with him by which it is plain that you cannot imagine I could know any thing of these Papers And Gentlemen it has not appeared by any Evidence that has been given that I knew any thing more than that they were unfortunately found upon me But with Submission I believe there is another Letter if I am inform'd right wherein my Lord is named and called my Lord the Bearer Mr. Sol. Gen. Sir I do assure you now we have to my Observation read every Letter and every Paper that was read on Saturday Mr. Ashton Mr. Sollicitor I am satisfied for I am confident you would not affirm it if it were otherwise L. C. J. Polexfen There is not any Letter that says my Lord the Bearer but my Lord will give you an account so and so the Bearer will tell you these and these things will you have it read again You shall if you will Mr. Ashton I am unwilling to take up your Lordships time unless the Jury desire to have it read again Jury-Man Pray my Lord when that Letter was read on Saturday how was it construed by the Court How did they take it then L. C. J. Holt. We did take it then because my Lord was mentioned that he might possibly be the Bearer L. C. J. Polexfen It is very probable and so it was understood then that the Lord mentioned in the Letters was my Lord Preston and so that my Lord was the Bearer that could give an account of the Countesses Condition and in the beginning of those Papers that are of my Lords Hand there is mentioned so much Money for the Lady D which is my Lady Dorset I suppose that is there meant and that writ that Letter Mr. Ashton No my Lady Dorchester L. C. J. Polexfen Dorchester I cry your mercy and it is probable the same reason is a reason still to make it believed that my Lord Preston was meant Mr. Ashton I think my Lord Chief Justice was pleased to observe as I have been informed in giving his Charge to the Jury that these Papers some of them naming my Lord must be meant of my Lord Preston there being no other Lord but he and he likewise gave another reason says he they lay by my Lord's Seals that were produced and therefore it was plain they could not be Ashton's nor Elliot's L. C. J. Holt. No not so but my Lord might be concern'd because my Lord's Seals were there where the Papers were found Mr. Ashton I am wrong inform'd if those were not the words my Lord Chief Justice Polexfen used L. C. J. Polexfen What do you say were the words if you will repeat them I 'll tell you as near as I can Mr. Ashton Your Lordship seem'd to infer that my Lord being nam'd and the Bearer in the same Paper that of Consequence that must be my Lord Preston and the Papers must be his and you did give another reason for it to enforce it that the same Man that saw me take them up saw them lye by the Seals which were proved to be my Lord Preston's from whence your Lordship did say it is plain they were my Lord Preston's and that Ashton or Elliot could not be concerned in them L. C. J. Holt. You mistake that matter sure there was not any such word said for that Evidence that tended to convict my Lord Preston did by no means tend to acquit you the question then was how far my Lord Preston was concerned my Lord insisted upon it says he They were not taken from me but from Mr. Ashton there the Question was not about you Mr. Ashton I humbly hope my Lord you will forgive me for insâ—â—â—â—â—â— upon these Matters because I am for my Life L. C. J. Polexfen I would do you all the right I can I assure you Mr. Ashton but certainly there was no such thing said as you have mentioned Mr. Ashton My Lord I do not question but you will do me right and I thought so when I chose the Jury out of the first that appeared without challenging any L. C. J. Holt. Well Sir pray go on to your Defence Mr. Ashton My Lord my own Defence will be very weak upon the whole for I am very Illiterate and Unskill'd in the Laws but where I do fail of taking Advantage to observe what may be for my Advantage I hope your Lordships will be so kind to me as well as just I may call it to your selves being upon your Oaths as to take notice of it My Lord in the first place Mr. Serj. Tremain Before Mr. Ashton proceeds I would observe one word in a Letter that has been read which is one of these Papers it says I say nothing of another Gentleman that takes opportunity to see those parts but he has shewn a Zeal and Sincerity in the affair equal to most Mr. Serj. Thompson You hear Gentlemen that there is notice taken of another Person besides the Bearer Mr. Ashton Pray my Lord is it any Consequence that I must be the Person that must be meant or that I must know what the Contents of the Letters was There was another besides me and so it is not plain who was meant or if I were the Man meant in this Letter it must not therefore follow that I must know of it Mr. Serj. Tremain I did not mention it as a Proof that you were the Person meant but only to shew that there was another Person besides my Lord taken notice of in them L. C. J. Holt. I must confess I think Mr. Ashton observes right it does not concern him for as well as he was there there was another and it is uncertain whether it relates to him or the other and so it signifies nothing at all that 's my mind Pray go on Mr. Ashton Mr. Ashton My Lord upon the whole I have this to observe first as to my business of going into France I must ingenuously own it though I protest to you I never own'd it nor named it to the Woman though she had sworn it but yet I do
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