several Memorials to shew how this Kingdom might be Invaded by the French To prove this the Evidence that has been produced and given by the King's Council has been long and consists of Two Parts Witnesses Viva Voce that have told you how Mr. Ashton designed a Voyage to France and that he hired a Ship for that purpose and several Papers were taken out of his Bosom In the first place the Witnesses tell you that about the latter end of December last Mr. Ashton and Mr. Ellyott came to Bardett's House where they met with Mrs. Pratt and Burdett having before that spoken to her about a Smack that she called the Thomas and Elizabeth Then there was a Meeting appointed between her and Mr. Ashton at the Wonder Tavern where they did Treat and Debate about the hire of it afterwards they came back to Burdett's again and there the Agreement was made betwixt the Woman and Mr. Ashton the Prisoner at the Bar to have a Hundred Pounds Ninety Three Guinies and Six Pence was fetcht down by Mr. Ashton and told out and deposited in the Hands of Mrs. Burdett then there was a Six Pence broken and one part Mrs. Burdett had and the other part Mr. Ashton had and when either the Master or Mistress Pratt should bring the part of the Six Pence that Mr. Ashton kept to Mrs. Burdett the Hundred Pounds was to be paid And this Agreement being made 't is possitively Sworn that they did ask whether there was a Hiding Place in the Vessel an Answer was made There was one and thereupon a Note was given that the Master and Mistress Pratt should go to the Seven-Stars in Covent-Garden Upon Wednesday Night they went there according to the Direction where meets Ashton and Ellyott but before that there was a Boat hired at Surrey-Stairs to carry them down to the Ship through Bridge over-against the Tower but the Tide not serving till about Ten a Clock at Night they had agreed with a Water man for Half a Crown to carry them and he was to stay till the Tide served And when they went out from Rigby's they parted Ellyott and the Master went together Mr. Ashton did not go with them but came near about the same time to Surrey-Stairs where they took Water Being aboard it was observed that all these Gentlemen were very timerous and seemed to be much frighted at the sight of any Vessel from which there was any apprehension of their being taken notice of and therefore they went down under the Quarter-Hatches which is a Place very inconvenient for such Persons where none could stand or sit upright but they were forced to lye upon the Boards or upon the Ballaâ—â—â— It seems some intimation was given that some Gentlemen had an intention to go into France to prosecute some Treasonable Design And Captain Billop being employed to pursue them which he did in a Pinnace when he came near the Vessel where they were he called to the Vessel and under pretence of Pressing Sea-men he went on Board The Master of the Vessel said he had a Protection from the Admiralty so that there was no cause for them to fear pressing nor indeed was there any for Gentlemen to fear it they being not lyable to be pressed When the Captain came near the Ship and declared his intent of coming on board these Gentlemen were gone under the Quarter-Hatches again Captain Billop coming on board and speaking about pressing of the Men and saying there was a Couple that would make good Sea-men for the King the Master shewed his Protection and then the Captain said he would search further in the Ship and so he did and then he pulls up the Boards and there he finds all these Gentlemen who were called up one after another and searcht by the Captain Gentlemen There is one of the Witnesses tells you that when they were come up he saw a Pacquet that lay in this very place under the Quarter-Hatches unto which was tyed a peice of Lead which Mr. Ashton takes up and puts in his Bosom with which the Captain being acquainted Inquiry is made by him what Mr. Ashton had there Mr. Ashton said it was his Handkerchief and nothing but that which he pulled out But Captain Billop puts his hand in his Bosom between his Coat and his Body and takes out the Pacquet and carried these Gentlemen on Board the George Frigat where they stayed till the Tyde served to bring them to White-hall But before they came on board the Frigat Mr. Ashton was very importunate with him to throw this Pacquet into the Water when they were on board the George Frigat and in the Cabin alone they continue their importunity Now say they we have you here and you are alone pray will you throw this Pacquet over-board and particularly Mr. Ashton said it would do the Captain 〈◊〉 good to injure so many Gentlemen and Mr. Ellyott would have perâ—â—ded the Captain to take the Lead that was tyed to the Pacquet and tyâ—â—â—â—o some Letters that was taken out of my Lord Preston's Pocket and throw the Pacquet over-board and then have informed the King and Council that those Letters was the Pacquet taken out of Ashton's Bosom But the Captain very honestly rejected all their Motions of that kind Truly Gentlemen my Memory will not serve me to repeat all the Particulars but I question not your Notes will bring them to your Minds Mr. Ellyott it seems was so mightily concerned at their being taken with these Papers that when they shot London-bridge he wisht the Bridge might have fallen upon them and knockt them on the Head and when they were got through he wisht a Thunder-bolt would fall down into the Boat and sink them That indeed was Mr. Ellyott and not Mr. Ashton but Mr. Ashton was as much concerned about disposing of the Pacquet as Mr. Ellyott At White-hall this Pacquet is opened and you have several Papers produced in Evidence and read to you you have heard what Evidence has been given that these are the very Papers that were in the Pacquet thus taken First of all Captain Billop tells you he carried them to my Lord Nottingham and that they lay there in his Office he withdraw indeed while my Lord Nottingham examined my Lord Preston but the Pacquet was not opened in the interim but there was only a Paper stuck on the out-side that my Lord had taken off before the Captain returned into the Room and there the Pacquet remained intire He says my Lord Nottingham opened the Pacquet and put up all the Papers that were in the Pacquet in his presence into a Cover again and sealed them up with his Seal My Lord Nottingham says positively he did put up all the Papers that were in the Pacquet again all and no more except the Cover and that he sealed up and delivered it to Captain Billop Captain Billop says he took these very Papers from my Lord Nottingham and as he received them carried them without
that one Mrs. Pratt that had the management of the Smack which belonged to her Husband she by Burdett's means was brought to Burdett's House where met Mr. Ashton the Prisoner at the Bar and they had some Treaties about the hiring of a Ship the purpose declared by the Prisoner then was to hire a Ship to go to any part of France and he would give a considerable Reward for it he said it was for himself and Three more They did not come to any conclusion about hiring the Ship then but there was an Appointment made to have the Master of the Ship to meet with them at the Wonder Tavern in Ludgate-street and in order to that Paseley that is the Master and the Woman came there and met with Mr. Ashton but because Mr. Burdett was not there they came only to this proposal one Hundred and Fifty Pound was demanded for the Hire of this Vessel but there being no conclusion then made they thought it better to do it at Burdett's House and about a day after they came to Mr. Burdett's and then it hapned that Ellyot one of the Persons that is Indicted but not one before you came thither too and at that time it was agreed to give one Hundred Pound for the Hire of the Ship Ninety Three Guineys were deposited in Mrs Burdett's Hands and there was a Token past betwixt them by the breaking of a Sixpence one part whereof was to lye with Mr. Ashton and the other with Mrs. Burdett and whenever the Master of the Vessel brought back the broken piece of Sixpence that Mr. Ashton had then was she to pay the Money that being the sign that they had attained their Ends and were safely landed in France The next step they take is this They appoint to meet at the Seven Stars in Covent-Garden thither the Master of the Vessel and the Woman were to come and that was near the time that very day that they designed to go dowâ— and there was Mr. Ashton and Mr. Ellyot but the other Person did not appear as yet there the Sea-men were Ordered to go along with them and thence they went down to the Water side to Surrey Stairs and the Waterman was called and in the mean time came my Lord Preston and his Man to them and they four did go in that Boat by the Direction of the Master and were carryed on Board his Smack After they came on Board for I would note the particular Circumstances they were very apprehensive of Danger for they knew what they went about their own Guilt gave them Reason of Fear and when they came near a Man of War which lay at Anchor in Long-Reach in the River they desired the Master to hide them that they might be safe from any Search and they were hid and put close under the Hatches for some time afterwards when they came to another place of Danger it was by the Block-Houses at Graves-end as they apprehended there they desired to be hid again and so they were put in that place where they were in very difficult Circumstances under the Hatches and there they remained till a Pinnace that had been sent to enquire after them came and Boarded this same Vessel Upon its Boarding of them the Captain made a search and found these Gentlemen My Lord Preston Mr. Ashton and Mr. Ellyot and I suppose his Man also all hid under the Hatches Then the next thing which is observable Gentlemen and the Great Matter that will shew where the Treason was is this there was a Bundle of Papers that was on Board ready prepared if they had not been surprized but could have had an Opportunity for it to have been cast Over-Board and there was Lead fixt to it to have sunk it and Mr. Ashton the Prisoner at the Bar was the Person that concealed this Bundle of Papers betwixt his Body and his Coat and from thence it was taken by the Captain that took them When they were so taken the Captain according to his Duty was bringing the Prisoners to Whitehall they desired to go on Shore at Graves-End but the Captain did not think that so fit but carryed them on Board the George Frigot and then you will hear these Gentlemen did fall into a Treaty with the Captain to suppress these Papers and one Instance I remember they did tell him that since there were a parcel of Papers that he had taken out of my Lord Preston's Pocket he might take off the Lead and fix it to those Papers and sink the others and what should he have for it they promised him great Rewards they told him he might be a Great Man he had an Opportunity of making his Fortune and when that would not do they used many Threatnings to him all which will appear in the several Circumstances that the Witnesses will tell you of I come Gentlemen in the last place to shew you That all the whole Conspiracy all this Treason did lye hid under this Bundle of Papers that were taken from Mr. Ashton and so he might very well be afraid of having them opened for there you will find a formed Design to alter this Government by a French Power and Assistance and they contain so many Particulars that in regard I would not do the King's Evidence injury on the one hand nor the Prisoner on the other I will forbear repeating the Particular Instances Gentlemen You will have all the Letters and Papers Read but in the General I must needs say you will find it manifest that there is a black and wicked Conspiracy to introduce a Foreign Power to Establish the Protestant Religion and that by a Popish Interest and to settle our Laws Liberties and Properties by a French Army And let them pretend what they will for the Protestant Religion when you hear these Papers read no body will imagine it was to any other purpose if the Plot had taken Effect but to have what Religion what Laws the French King had pleased to impose upon us If the Prisoner be Guilty Gentlemen of these Matters I know you will do your Duty but if he be not Guilty God forbid that you should find him Guilty L. Ch. J. Holt. Call your Witnesses Brother Mr. Serj. Thompson We begin with Mrs. Pratt She was Sworn Sir W. Wil. Look you Mrs. Pratt here is now another Gentlemen at the Bar to be Tryed against whom you are called as a Witness Mrs. Pratt Yes my Lord. Sir W. Wil. Pray hear what we ask you Pray do you give the Court and the Jury an account what Treaty you have had with that Gentleman about a Vessel to go to France and what was done in it Mrs. Pratt If it please you my Lord I was sent for to Mr. Burdett's House in Queen-street by Cheap-side to know whether he could have a Smack to go for France I told him yes I could help him to one he told me there were two or three Gentlemen bound for France as Merchants to
this Ship he was to hire a Ship that had a Place to hide in and so he must needs know upon what Design I say by that he must needs know that there was a Matter of great Moment which he was to transact for he was to have such a Ship as he might hide in After this Ship was hired then they met in Covent-Garden and there they take Order with the Man to go down with them to the Stairs where the Water-men was called indeed Mr. Ashton did part from them in the Way but presently after came to them at the Stairs and there came my Lord Preston and his Man who together with Ellyott that was there before I think before all Embark't in the Boat and were carried to the Ship and made all the hast away they could for France When they were there and came to a Place of Danger near a Ship of War there was care taken according as they had enquired of the Master of the Ship before that they should be hid and hid they were Afterwards when they were past that Danger when they came to the Block-House at Graves-end there they thought fit to hide again and did so and there they concealed themselves till they were surprized in that Place by Captain Billop My Lord after such time as Captain Billop had surprized them he tells you how he came down after this Smack you see what happened my Lord Preston first came up and after he had Search'd my Lord Preston Ellyott came up and he was searcht and after Mr. Ashton was once come up he went down to fetch his Hat and there was seen to take up this Bundel of Papers and there the Papers upon search were found in Mr. Ashton's Breast This being so found in his Breast you have heard what applications were made by this Gentleman to get these Papers cast Over-board and what Promises were made to the Captain and what likelihood there was of making his Fortune if he would go along with them or throw away the Pacquet You hear Gentlemen that after they came to White-hall one of the Men Swear that this Gentleman gave them Money that they should say they were not hired for France but for Flanders These Gentlemen are the several Circumstances that do appear in this Case which shew the mighty care and dilligence that was used to get those Papers suppressed that had been thus taken or to get them again into their own Custody and that is a Matter that shews how far this Gentleman was concerned in this Design and taking all these things together I think there can no greater Evidence be given that Mr. Ashton was in this contrivance that he was concerned in the Message that he was to be sent and all this business that was thus to be done was as much Guilty as my Lord Preston who now stands convicted for it And the Court will tell you Gentlemen there are no accessorys in Treason all are Principals though it be not actually proved that this Gentleman did not know all these Papers what they were yet in Case he hired a Ship for himself and the Lord whose Papers they were to go in and take such notice of the Papers as to take care of them to suppress and conceal them that is an Evidence of his knowledge of the Importance of them and if so he will be equally Guilty of the High-Treason L. C. J. Holt. I doubt that Mr. S. Thompson My Lord I would not willingly press any thing further then the Nature of the thing will bear L. C. J. Holt. Pray go on Brother we are only talking among our selves Mr. S. Thompson The next thing is this that is to be considered that after such time as these Papers came to be laid open what is it that appear among them Truly I shall not take upon me to repeat so much as the substance much less the Particulars of the several Papers but 〈◊〉 must say that there does appear to be a Formed Design of Subverting the Government of deposing this King and Queen and of bringing us all into War and Rebellion and Blood-shed all this under a pretence of Establishing the Protestant Religion and our Legal Government again tho I can see no means they had to depend upon for it but by a Popish Interest and a French Power and how far that is possible or probable to promote such an end by such means I leave to your consideration Gentlemen you have heard all the Particular Papers read here was the Resolution of a Consult and Conference where this Project was designed here were Heads of a Declaration that was to be framed to make the Credulous believe what mighty things should be done upon their New Revolution you see what Letters have been produced and cannot but easily apprehend what is the Import and Meaning of them I resolve as I said not to mention the Particulars but there is scarce One Line among them but what is Treason for it all tends to this Purpose and Design to depose the King and alter the Present Government Now upon the whole Matter Gentlemen what this Gentleman has said I confess to me seems strange he said indeed at first that he had no Defence at all or that which was very weak and so it should seem the Truth was for you see what his Defence has been He says that he went into France that he owns that he was going thither but what was it to do it was to settle some Accounts with the Family of Collonel Worden and to receive a Sum of Money that was owing to him by a Person there Gentlemen if the Design had so much Innocency in it certainly he might have had a Pass at least there was no need of hiring a Vessel at such an extravagant rate there was no necessity of hiding in this secret manner and no necessity of impossible suggestions and prefering Great Rewards for the disposing of and concealing these Papers Gentlemen You will remember many Particulars more which have not slipt your Observation I shall not take upon me to repeat them but leave them to your consideration Only this I must say That this is a Treason of a very high Nature a Treason to depose a King that has ventured all he had 〈◊〉 his Life has been in Danger and his Blood has been spilt to Establish this Government and our Religion and our Laws and yet it seems there are Men that think this may be better done by a Popish Interest and French Power which I think no body of either Wisdom or Honesty can imagin or will engage in and therefore I leave it to your determination L. C. J. Holt. Gentlemen of the Jury you understand that Mr. Ashton is now Tryed for High Treason it is mentioned in the Indictment to be for Conspiring the Death and Deposing of the King and Queen and for that purpose he did endeavour to go into France and to carry divers Proposals in Writing and
produce in Evidence as well living Witnesses as Papers and Writings which by a strange kind of Providence were taken upon my Lord Preston and the other two Persons named in the Indictment when they were Apprehended and therein this Design that I have opened to you will be made Evident beyond all contradiction As to the living Witnesses the course of the Evidence will be this One Nicholas Pratt is the Owner of a Smack called the Thomas and Elizabeth he does usually entrust his Wife Jane Pratt with the Hiring out of this Smack William Paceley is Master of the Vessel and has of late been made a Part-owner to protect him from being Press'd for it is a Priviledge that that the Owners of Vessels claim not to be Press'd Some time since the Witnesses will tell you the precise time this Jane Pratt was sent for to one Mr. Burdett's House in the City where she met with Mr. Ashton who desired to know whether she could undertake to Convey him and some others with safety into France She said she did not doubt but she could do so and thereupon Mr. Ashton told her That he and his Friends were Merchants and Traders and that they should make great advantage to the value of a Thousand pounds at least if they could be there quickly their Discourse went no farther at that time but Mrs. Pratt was appointed by Mr. Ashton to bring the Master of the Vessel along with her for he had a mind to Discourse himself with the Master and they were to meet at the Wonder Tavern in Ludgate-street and because there should be no mistake about the Meeting Mr. Ashton gave the Woman a Note of Direction in Writing ready to be produced Accordingly by the 29th of December Mrs. Pratt and the Master came to the Wonder Tavern where Mr. Ashton met them and there they Treated of the Price to be given for the Hiring of this Vessel to carry them to France and I think 150 Guineas was the Sum then insisted upon but no Bargain was made at that time but there was a new Appointment to meet the next day which was the 30th of December at Mr. Burdett's House The next day when she and the Master came thither they found there together Ashton and Ellyot the two other Persons named in the Indictment and there this Matter was treated of with great secresie in Mrs. Burdet's Bed-Chamber And they came to an Agreement that 100 l. should be the Sum to be paid to Mrs. Pratt for conveying into France Ashton and Ellyot and two other Persons So the Contract was Originally made for others besides Mr. Ashton and Ellyot and the Money was actually deposited by Mr. Ashton and Ellyot in Mrs. Burdet's Hand and a Six-pence was broken one half of which was delivered to Mrs. Burdet to keep the other half Mr. Ashton was to take along with him and when the Master had safely landed them in France Mr. Ashton was to deliver his half of the Six-pence to the Master which being brought to Mrs. Burdet either by him or Mrs. Prat upon the joining of the two pieces together the Master was entitled to receive the Hundred Pounds The next Appointment was to meet at one Mr. Rigby's House in Covent-Garden and that was to be on the One and thirtieth of December when the Voyage was to be begun And the Tide not serving to go through-Bridge till late the appointment was to meet the later When they Mrs. Prat and the Master came there they found only Mr. Ashton and Mr. Ellyot but before that time care was taken to provide a Sculler at Surrey-Stairs to be ready to carry them on board the Smack and the Waterman was appointed to stay in a little Ale-House thereabouts to be ready when he should be called About Ten a Clock at Night four Persons came down together and went into this Scullen with the Master of the Smack and made what haste they could through-Bridge till they came to Pickle-herring Stairs over-against the Tower where the Smack lay and there went aboard the Master and these four Persons my Lord Preston a Servant of my Lord Preston's Mr. Ashton and Mr. Ellyot The Smack set sail immediately after they were on Board and their haste made them carry away the Watermans Coat which he had lent them whilst they were in the Sculler and that accident was the occasion of discovering who the Waterman was that carried them from Surrey-Stairs After they were on Board the Smack they were possessed with great fear of being surprised they knew the nature of the Business they were about and the danger they were in if they should be discovered and therefore when they were to pass by the George Frigat a Man of War that lay in the River they desired the Master to hide them which he did by putting them under the Quarter-Hatches a place where they could not stand or sit but must lie along on the Ballast When they were passed by the George Frigat they quitted that place but when they were near the Block-House at Graves they grew apprehensive and they desired to be hid a second time which was accordingly done And they continued to lie in that place till they were taken and it was a happy thing they did so the place was such that they had not any possibility of throwing away their Letters and Papers though they had made preparation for it in case of any Accident having tied them together and fix'd a piece of Lead to them that so if they saw themselves in danger of being taken they might easily sink the Pacquet But being so close shut up in this place that they could not execute their purpose the Papers were taken and will be offered to you in Evidence Gentlemen Captain Billop by the Order of a Noble Lord now present was directed to use his utmost diligence to seize some dangerous Persons of whose Design of going beyond Sea for some very ill Ends an Intimation had been given He got ready a Pinnace well Mann'd and went in pursuit of them down the River and both as he went and return'd he took care to search suspected Vessels when he came to this he demanded of the Master what Number of Men he had on Board pretending he came to Press Men the Master told him he had but three and for those he had a Protection But the Captain said he must be better satisfied and must search the Vessel and in the search he found these four Persons lying concealed in this secret place under the Quarter-Hatches As they were taken out one after another one of the Seamen observed Mr. Ashton to take up a Bundle of Papers from off the Ballast and put it in his Bosom and near the place where Papers lay he took up two Seals which after proved to be my Lord Preston's Seals when he was Secretary Captain Billop being inform'd of this by that Seaman he put his Hand into Mr. Ashton's Bosom and took away from him
is only a Christmas Gambal it signifies little Mr. Serj. Tremayn What further discourse had they Mrs. Pratt Mrs. Ashton said she was afraid they should have no very good luck for the Cock crowed Mr. Serj. Tremayn Was there any discourse what advantage they should get by going or you by carrying of them Mrs. Pratt They said they would help us to the earning of 1000 l. before Lady-day if they went this time safe Mr. Serj. Tremayn Pray Mistris recollect your self were they to go to Flanders or where Mrs. Pratt They were to go for France they were not to go for Flanders Mr. Serj. Thompson What time of Night did you depart from Mr. Rigby's Mrs. Pratt About Eleven a Clock Mr. Serj. Thompson How did they go away from Mr. Rigby's Mrs. Pratt I did not go with them Mrs. Ashton kept me and gave me the Leg of a Goose and some Drink Mr. Serj. Tremayn Do you know any thing further Mrs. Pratt No I think I have told all Mr. Serj. Tremayn Were you hired for France or Flanders I ask you once again Mrs. Pratt We were hired for France any place there where we could touch Mr. Serj. Tremayn Was there any particular Port mentioned L. C. J. Holt. If you have done with her will my Lord ask her any question L. Preston My Lord I desire she may be askt whether she ever saw me before Mrs. Pratt No never my Lord but in the Tower L. C. J. Pollexfen But she says when they were at Rigby's there came in two Gentlemen with Mr. Ellyot that Night L. Preston I desire to know of her whether I was one of them two Mr. Serj. Thompson My Lord she does not say your Lordship was one of them Mrs. Pratt No my Lord you were not one of them Mr. Serj. Thompson Then set up Paseley Paseley what do you know about hiring of this Smack to go for France I think you are Master of the Smack called the Thomas and Elizabeth are you not Mr. Paseley Yes Mr. Serj. Thompson Then pray give an account of the whole matter Mr. Paseley The Smack was hired of the Woman and not of me and when I came up to London she told me she had got a Voyage over to France if I was minded to go I said Yes and she appointed me to go along with her to this Mistris what do ye call um's House this Mrs. Burdet and when we came to this House there was no body within but Mr. Ashton presently after came in Mr. Ellyot after they came in they told us the things were not ready yet but they would be ready presently to carry on Board when these things were ready John Fisher carried the Trunck down and the Porter carried the Hamper and I went with them along to Billingsgate and carried them on Board and when I carried them on Board I went to Billingsgate again and so we went along to this Mr. Burdet's House and so when we came up to Burdet's House Ashton and Ellyot were not there present but we had been there but a little time e'er they came in and then they came and said to my Owner and me You shall see the Money told it was all in Gold but one Six-pence there was Ninety three Guinea's And after the Money was told there was a Six pence that was broken in half and the Guinea's he roulled up in a Paper and gave them to Mrs. Burdet and bid her lay them up and he gave her one half of the Six-pence and kept the other half himself and when I brought that other half that he had or my Owner then she was to give the Money to her or me Mr. Ser. Tremayn Pray what Room of the House was this in at Mr. Burdet's Paseley It was on the Left hand going in Mr. Ser. Tremayn Was it a Bed-chamber Paseley Yes ' t was Mr. Serj. Tremayn What time of Night was 't pray Paseley About Eight a Clock Mr. Serj. Tremayn What discourse had you with them there pray Paseley They asked me if I thought they might get well over I told them Yes I believed they might Mr. Serj. Thompson Did they tell you what part of France they were to go to Paseley No they named no place but any part in France Mr. Serj. Tremayn Well go on tell us what they said further Paseley So Sir they gave us direction to meet them at the Seven Stars in the little Piazza's in Covent-Garden when we came there it was Eleven a Clock at Night and they were not in the House when we came in except t were Mr. Ashton but presently after Ashton and Ellyot came in and they sate down and so in came two Gentlemen more but what they were or who they were I don't know and they discoursed about Papers shaking in a Hat and said they should have no good Luck for the Cock crowed And after this Ellyot and Ashton came out of the House and called me to go with them and after we were gone out Mr. Ashton leaves Ellyot and went away from him and Ellyot bid me go along with him says come Master come along with me he did not name any place whether they were to go but it happened to be Surry-stairs and going down he calls in at the corner House which is an Ale-house for the Water-man and bid me go before to the Water-side and when we came thither the Water-man steps into his Boat and I after him and when I was in the Boat I went into the Stern and by that time I was seated in the Stern there came down four Men but I never saw my Lord and his man before they came into the Wherry L. C. J. Holt. Who came into the Wherry Paseley There was all those four Mr. Ashton Mr. Ellyot my Lord and his man L. C. J. Holt. Where was this do you say Paseley At Surry-stairs there the Boat was Mr. Serj. Tremayn Was the Prisoner at the Bar one of them Paseley Yes he was L. C. J. Holt. Well what did you do then Paseley After we were seated in the Boat at Surry-stairs we put off and went down through Bridge and going through Bridge we came on Board the Vessel riding just against the Tower almost and we went all on Board and when we came on Board my men were all asleep and being asleep I called them out of the Cabin to hale up the Anchor and there being very little Wind stirring we could not go very far but came just below the half-way Tree and then we stopt and I ordered to drop the Anchor for fear of the Vessels in the River and the next morning about Eight a Clock we weighed our Anchor again and went on till we came near to the George man of War and there they all of them hid Mr. Serj. Tremayn Who Paseley All of them my Lord. There was Ashton and Ellyot and my Lord Preston and his man Mr. Serj. Thompson In what place did they hide Paseley In the
it was but a still Tide and therefore I would try if I could overtake them for I thought they could not be got far there being little or no Wind so I went down to the Place where the Vessel lay and she was gone and I enquired of several Smacks that lay there but could hear nothing and I rowed as low as Limas Reach and about Black Wall and Limas Reach I came up to a Smack that I supposed was she and I cry'd out Ho the Smack and they answered me So I asked them if I did not bring a Fare a-board that Smack a while a go then they said no I told them I had brought a Fare on Board some Smack that lay about Horsleydown and Pickle-herring Stairs and they had got two Coats of mine which I had forgotten and it had a Pennant up when they went on Board but this had none so I rowed on further till I came as far as Berking Sherf and I thought there being so little Wind that none could be gone beyond me and therefore waited to see a Smack with a Pennant coming down but I could not meet with it and there I lay all Night in my Wastcoat and the next day I came back to Greenwich and as I came along I went on Board several Vessels to enquire because I took her for an Attendant upon a Man of War but I could not hear of my Clothes till last Friday was Seven-night two Watermen came and brought me the Clothes I lost L. C. J. Then you have your Clothes again Betsworth Yes I have Mr. Serj. Thompson Pray look upon that Gentleman there my Lord Preston are you sure that he was one of them that was in your Boat Betsworth I can't tell that ever I saw him in my Life before Mr. Serj. Tremayn You Pasely I ask you was my Lord Preston one of the Gentlemen the Waterman brought on Board your Smack Pasely Yes he was Mr. Serj. Tremayn Is that the Waterman Pasely Truly my Lord I can't tell but the Waterman's Coat was left on Board Mr. Serj. Tremayn Then let me ask you another Question Had you a Pennant Pasely Yes I had when I came on Board Mr. Serj. Tremayn Did you take in your Pennant Pasely Yes I did afterwards Mr. Serj. Tremayn Why did you take it in Pasely They asked me if there was a Pennant and I told them yes and they bid me take it in Mr. Serj. Tremayn Who bid you take it in Pasely Ellyot did so we took it down Mr. Serj. Thompson Will my Lord ask Betsworth any Questions L. Preston No I have nothing to say to him Mr. Serj. Tremayn What did they carry a-board with them Pasely Pasely They had nothing a-board but the Trunk and Hamper that were brought down before from Burdet's House and there was nothing brought in the Boat but only a Leather Bag. Mr. Serj. Tremayn Then set up Fisher I think his Name is John Fisher You were one of the Seamen that did belong to the Smack I think Fisher Yes I was Mr. Serj. Thompson Pray then tell us who were brought thither and what happened upon it Fisher About six Hours before they came on board us our Master came himself on Board and took me along with him but whither I was to go then I did not know He carryed me to a House in the City and there gave me a small Trunk to carry and a Hamper to a Porter and we went away with them and he bid us at Billing sgate carry them a-board which we did L. C. J. Holt. When was the Trunk and Hamper brought on board Fisher About six or seven a Clock at night on Wednesday I think L. C. J. Holt. Well and what followed Fisher My Lord and Mr. Ashton and Mr. Ellyot and my Lords man and the Master came on Board between eleven and twelve There were no more came on Board that I know of but we were asleep when they came on board and immediately our Master ordered us to hale up the Anchor Now there was but little Wind stirring and by that time we were faln down as low as half-way Tree it being still Flood we could go no farther so there we were ordered to stop and we lay by till morning and about eight in the morning we weighed Anchor again and about nine when we came to the George Man of War they hid they desired to go down into the Quarters and we laid the Hatches upon them Mr. Serj. Tremayn What kind of place is it that they hid in Fisher They could not stand upright nor sit upright but they must lie along or lean upon their Elbows So when when we were got below the Ship they came up again into the Cabbin And when we came at Gravesend near the Block House then they hid again till we were below the Block-House and then we spyed a Boat coming which made them to keep below and there they continued till Captain Billop took them Mr. Serj. Tremayn Were they all four there Fisher Yes all four Mr. Serj. Tremayn After they were taken what said they Fisher After such time as they were taken and come up to Whitehall Stairs Captain Ashton gave me a Half-Crown-piece and bid me say they were going to Flanders and not to France Mr. Serj. Tremain But whether were you going Fisher Truly I did not know where we were to go till since we came on Shoar I understood nothing till they hid and then indeed I thought we were going to France Mr. Serj. Tremayn When did any Body tell you you were to go to France Fisher Since we came on Shoar Mr. Serj. Thompson Will my Lord ask him any Questions L. Preston No. Mr. Serj. Tremayn Then the next Witness we call is one Amonds Pray tell us what you know of this Matter Amonds May it please you my Lord I know nothing concerning my Masters Business but all that I know of this Business is That they came on Board about Twelve a Clock at Night and I was then asleep in the Cabin and hearing some come on Board and my Master call I looked out and there were Three or four Centlemen and my Master and he ordered us to set sail immediately and make our way down as fast as we could there was little or no Wind so that when we came down to the half way Tree we were forced to come to an Anchor and there we rid at Anchor till it was broad day when there was a brave Gale to the Westward and by that time we got down to Long Reach about Nine a Clock we came to the George Frigat a Man of War and they understanding that desired to hide these Gentlemen L. C. J. Holt. What Gentlemen Amonds My Lord Preston Mr. Ashton and Mr. Ellyot and the other Gentleman that was with them L. C. J. Pollexfen Look upon my Lord there was he one Amonds Yes that Gentleman was one L. C. J. Holt. Well go on Amonds And so Sir after
is nothing but Supposition as to me and I hope I and my Family shall not be ruined upon a Supposition L. C. J. Holt. Has your Lordship any more to say L. Prest All the Judges have not given their Opinion L. C. J. Holt. The rest will give their Opinions if you desire it My Lord Chief Baron what say you L. C. Baron My Lord Preston I am called upon it seems to give my Opinion in this Case but this I take it must be left to the Jury What credit they will give to the proof your Lordship makes a Question as the proof stands Whether here be any thing done in this County here are Instructions given to the French King how to Invade England and Carry on the War against us These Instructions are contained in several Papers and these Papers in a Pacquet are carried to the Smack which Smack was hired to go to France You are found taking water at Surrey-Stairs which is in the County of Middlesex in order to go to the Smack You did go to the Smack the Papers were taken in your Company and were seen lying by your Seals and the Witnesses swear they believe some of them to be your Hand you took care to desire to have them disposed of Now how far the Jury will believe this Matter of Fact that is thus testified is left to them this seems to be the Proof and if the Jury do believe it here is a Plain Evidence of an Overt Act in the County of Middlesex L. Preston I do insist upon it with humble submission It is not proved that these Papers were taken upon me or that I did take water at Surrey-Stairs to go to France L. C. Baron That must be collected out of all the Circumstances the Credit of which is left to the Jury L. Ch. J. Holt. All the rest of my Lords the Judges are of the same opinion as they tell me Have you any more my Lord L. Preston I must submit L. C. J. Holt. Gentlemen of the Jury My Lord Preston stands Indicted for High Treason in imagining and compassing the Deposition Death and Destruction of the King and Queen and for that purpose did write or cause to be writ several treasonable Papers and Letters designed to go into France and there to correspond with the French King and his Subjects who are Enemies to the King and Queen and to carry with him those Treasonable Papers and Letters containing a Project and a formed Design how this Kingdom should be invaded by Foreigners There is another Treason in the Indictment mention'd and that is for adhering to the abetting the King's Enemies there being open War declared between the King and Queen and the French King You have heard Gentlemen a very long Evidence Witnesses have been produced viva voce and several Papers have been read to you some of the Papers that have been produced tho' they may seem misterious and canting yet they are not so very obscure and unintelligible but if you consider them well the meaning of them will appear Others of them are more express and do plainly demonstrate a Design that this King and Queen should be deposed and that there should be another Prince set upon the Throne and restored to the Government of this Kingdom Gentlemen There are two other Persons mentioned in the Indictment with my Lord and tho' my Lord is only now upon his Tryal yet the evidence which doth affect them doth also concern my Lord. You have heard how there was an Intention of some Persons to go to France and how Mr. Ashton one of the two others that stands indicted with my Lord did 〈◊〉 with one Mrs. Prat one of the Witnesses to hire a Vessel for that purpose and it was by the means of one Mr. Burdett that lives in the City they had a Meeting at Burdett's House where they treated about the Price that should be given for the Hire of this Ship to go to France but at that time they did not agree It was concluded that the Woman and Ashton and Burdett should meet at the Wonder Tavern but Mr. Burdett not being there nothing was concluded upon then After that the Woman Mr. Burdett and Ashton and Elliott met at Mrs. Burdett's the Woman insisted at first upon 150 l. After they had been treating for some time the Bargain was made to go to France for 100 l. Then the next thing considered was How this Money should be paid By agreement 93 Guinea's and 6 d. which made up the 100 l. was deposited in Mrs. Burdett's hand a Six-pence broken one part Mrs. Burdett had and the other part of the Six-pence Mr. Ashton had and when either Mrs. Pratt or the Master of the Vessel did bring back that part of the Six-pence that Ashton had to Mrs. Burdett the Money was to be paid After this Agreement they were appointed to go to the Seven Stars in Covent-Garden to the House of one Mr. Rigby and there the Woman Mrs. Pratt and the Master of the Vessel Ashton and Elliot met and they were that Night to go away and to take Water at some place near to go on Ship-bord and having stayed there till it was about ten a Clock at Night then they went away into the Strand and so into Surry-street and took Water at Surry-stairs But before that they came from Mr. Rigby's some Persons went to Surry-stairs to see for a Boat and met with that Fellow that was here produced who was a Sculler and did hire him to go through the Bridge when the Tide served and to carry some Gentlmen on Shipboard they agreed with him for half a Crown and he was to stay in an House near the Stairs until they came And at the time appointed Mr. Ashton and Mr. Elliot and the Master of the Vessel came to that place and my Lord Preston and his Man with them to take Water My Lord Preston was not at Burdett's House at the hiring of the Ship nor at Mr. Rigby's but it is proved by the Master of the Vessel that he took Water with the rest of them at Surry-stairs that he went with them on Shipboard and was to go along with them Being on Board the Ship they did appear to have some Apprehensions of Danger and passing by a Man of War my Lord Preston his Man and the other two went unto the Quarter-Hatches where they lay down to prevent themselves from being taken or discovered and they hid another time when they came near Gravesend and coming up they seeing a Boat coming towards them they hid themselves again Captain Billop who it seems was sent to apprehend them pretended he was to Press Seamen and when he came on Board the Smack he said he would Press the Mariners who answered they had a Protection But he being upon his Search pulled up the Boards of the Quarter-Hatches and there was my Lord Preston and the other Persons lying down It was not a place that was very
fetch Silk and I was at Mr. Burdett's two or three times and at last Mr. Ashton met me there L. Ch. J. Holt. Look upon the Gentleman is that he Mrs. Pratt Yes that is the Gentleman and he met me there and meeting with Mr. Ashton he hired the Vessel but first of all he desired us to meet at the Dog-Tavern upon Ludgate-Hill to make the Bargain and we did meet there and were there about an hour or an hour and a half and Mr. Burdett did not come and the next Morning Mr. Ashton desired me to meet him at Mr. Burdett's again and the next Morning I met at Mr. Burdett's and there we made the Bargain for 100 l. and there was Sixpence broke in two pieces Mr. Serj. Tremain Was the Hundred Pound paid Mrs. Pratt Yes but we agreed on the Tuesday Morning and there was a Sixpence broken in two and Mr. Ashton had both the Six-pences in his hand and the Tuesday night the Hundred Pound was paid at Mrs. Burdett's Mr. Sol. Gen. Who was by Mrs. Pratt There was one Mr. Ellyot and the Master of the Smack and Mrs. Burdett Mr. Serj. Tremain Did they pay the Money in Gold or Silver Mrs. Pratt This Gentleman Mr. Ashton told the Money there was 93 Guineys and a Sixpence and Mr. Ashton gave one half of the broken Sixpence with the 93 Guineys to Mrs. Burdett and when the Master of the Vessel brought the other half of the Sixpence or I either of us we were to have the 100 l. Sir W. Wil. Pray to what Place did they hire the Ship to go Mrs. Pratt To France Sir W. W. Who hired the Ship Mrs. Pratt That Gentleman Sir W. W. Who paid the Money Mrs. Pratt That Gentleman Mr. Ashton S. W. Wil. To what hand was the Money paid Mrs. Pratt It was paid in Mrs. Burdett's Bed-Chamber into her Hand S. W. W. Who broke the Sixpence Mrs. Pratt Mr. Ashton that day the Bargain was made S. W. Wil. Who carried it away Mrs. Pratt When the Money was paid Mr. Ashton had one Mrs. Burdett had the other part Mr. Serj. Tremain To which part of France were you hired to go Mrs. Pratt To any part where they could touch Mr. Serj. Tremain Pray did they give you any Note about any thing Mrs. Pratt Yes they gave me one Note to meet at the Dog-Tavern and another to meet at the Seven Stars in Covent Garden Mr. Serj. Tremain Who gave you the Notes Mrs. Pratt Mr. Ashton and Mr. Ellyot Mr. Serj. Tremain Look upon that Note Which she did Mrs. Pratt This to my best remembrance Mr. Ashton wrote I cannot well remember the Hand Mr. Serj. Tremain Did Mr. Ashton desire to meet at the Dog-Tavern Mrs. Pratt Yes and he did meet at the Dog-Tavern but Burdett did not L. C. J Holt. When did you meet at the Dog-Tavern Mrs. Pratt On the Monday Night before New-Years-Day L. C. J. Holt. When was the Money paid Mrs. Pratt On Tuesday Night at Mrs. Burdetts Mr. Serj. Tremain After the Money was paid what did you do the next day Mrs. Pratt Mr. Ashton Ordered a Note to be written to meet at the Seven Stars in Covent-Garden at one Mr. Rigby's L. C. J. Holt. At what time were you to go to Rigby's Mrs. Pratt A Wednesday Night L. C. J. Holt. But at what time Mrs. Pratt Some time about Ten a Clock and we came there accordingly Mr. Sol. Gen. Who was with you at Rigby's Mrs. Pratt There was the Master of the Vessel Mr. Ashton and Mr. Ellyot and two Gentlemen more that I never saw before nor since Sir W.W. I ask you again who first Treated with you about Hiring this Vessel Mrs. Pratt Mr. Burdett first Treated with me about it Sir W.W. Who next Mrs. Pratt Mr. Ashton Sir W.W. Who made the Bargain with you Mrs. Pratt Mr. Ashton Sir W.W. Who paid the Money Mrs. Pratt Mr. Ashton Sir W.W. What can you say more Mr. Serj. Tremain Pray let me ask you when you came to Mr. Rigby's in what manner did you go away from his House and what was said at parting Mrs. Pratt Mr. Ashton was not there himself at first but he and Mr. Ellyot and two other Gentlemen were there afterwards and Mr. Ashton's Wife said something about Papers hove in a Hat at Court and about some bodies being chosen and one of the Gentlemen said there was nothing in that I was one that was Chosen last Year Mr. Serj. Tremain Did Ashton and Ellyot go out together from Mr. Rigby's Mrs. Pratt I did not see them go Mr. Trevor Had you any directions from Mr. Ashton to send for a Hamper or a Trunk Mrs. Pratt Yes that was at Mr. Burdett's House Mr. Trevor When was that Hamper and Trunk to be sent for Mrs. Pratt On the Wednesday Night before we went to Rigby's House Sir W.W. Do you know one William Pasely Mrs. Pratt Yes Sir W.W. Was he with them Mrs. Pratt Yes he was with them Sir W.W. What occasion brought him thither Mrs. Pratt I carryed him to Mrs. Burdett's House Mr. Trevor Pray did the Prisoner desire to see the Master of the Vessel or speak with him Mrs. Pratt Yes and when I brought him he said he liked him very well Mr. Trevor What is the Master's Name Mrs. Pratt William Paseley Mr. Serj. Tremain Had you any Discourse with Mr. Ashton's Wife after they went away Mrs. Pratt We had little discourse onely she gave me some Victuals and Drink and she said she hop'd I would not tell of her Husband Mr. Serj. Tremain What else did she say Mrs. Pratt She hoped God would deliver them out of the Lyon's Mouth Mr. Serj. Tremain Did she say any thing about Cock Crowing Mrs. Pratt Yes she said she thought she should have no good Luck for the Cock crowed Mr. Serj. Tremain Who was by in the Chamber when the Money was paid Mrs. Pratt There was the Master of the Vessel by and Mrs. Burdett Juryman My Lord I heard her say somewhat of some Papers which I do not very well understand Does she know of any Papers that the Prisoner had Mr. Serj. Tremain That was only about the Two Notes L. Ch. Just Holt. She talks of Papers being shaken in a Hat but nothing can be made of it L. C. J. Pollexfen If you would ask her any Questions before she goes now is your time to doe it Mr. Ashton My Lord I desire she may stand up again Mrs. I ask you a Question not so much in kindness to my self as Justice to another Gentleman You say Mr. Ellyot writ one of the Notes Mrs. Pratt Yes as I remember it was that to meet at Mr. Rigby's Mr. Ashton I doe it to justifie that Gentleman I take that Note upon my self and you say I hired the Ship and Mr. Ellyot was by L. Ch. Just Holt. Look you Mr. Ashton Mr. Ellyot is not now upon his Tryal it concerns you only to ask such Questions as relate to your self
and I took a Bottle of Wine or two out and just before I brought all the Victuals up the Barge was spied a coming to us and then he went down again And there they hid and the piece of Beef was a top of them Captain Billop when he came near waved his Hat to bid us lie by and we did lie by till he came up to us and when he came up to us says he Master you have gotten a couple of good likely Men worth the coming on Board for says the Master I hope Captain you wont press them says he What have you to keep you clear says he I have a Protection Have you says the Captain Let me see it So he shewed him the Protection and he read both our Names in it Then says he Master I must look farther and he went down to the Quarter Hatches and took them up just where they lay First my Lord came out and he searcht them all as they came out Mr. Ellyot came out next and Mr. Ashton stay'd within being the last Man And after he had searcht them and done what he pleased he got all the Papers and Writings then he commanded us all to go into the Barge and they came on Board the George Frigat in Long-Reach And at the Ship Mr. Ellyot came to us and bid us say we were going for Flanders And after we came to Whitehall Mr. Ashton gave me a half Crown Piece and bid me say we were bound for Flanders and not for France L. C. Just Holt. Was that after they were taken or before L. C. Just Pollexfen When was the first time that they would have you say they were bound for Flanders Fisher It was on board the George Frigat in Long-Reach L. C. Just Holt. Who was it that bid you say so Fisher Mr. Ellyot and Mr. Ashton both in the Ship 's Steerage where they came to us L. C. Just Pollexfen Where was the next Place that they bid you say so Fisher At Whitehall Bridge Ashton gave me a half Crown Piece and bid me say so Juryman Did he speak that aloud or softly at Whitehall Fisher He whispered it in my Ear. L. C. Just Holt. Did they ever say they were bound for Flanders till after they were taken Fisher No. Mr. Serj. Tremain What manner of Place was this that they hid in Fisher An ugly hole where a Man has no room to lie along at ease he can neither stand upright nor sit upright Mr. Serj. Tremain Did you see the Waterman that brought them on Board Fisher No. Mr. Serj. Tremain Was there any Waterman's Coat left Fisher Yes there was two L. C. Just Holt. But didst thou see the Boat Fisher We were a sleep when they came on Board and the Boat was put off assoon as ever they came on Board Mr. Serj. Tremain Then assoon as ever they were on Board you got up the Anchor and pulled in the Pendant Fisher Yes We immediately hove up the Anchor and took in the Pendant Mr. S. Tremain Did any Sculler hale you afterwards as you were going down Fisher Yes as we were going down there did Mr. Serj. Tremain What did you say to him Fisher I was not steering then but this other Man made answer L. Ch. Just Holt. Mr. Ashton Will you ask him any thing Mr. Ashton When I gave you the Half Crown that you speak of what did I say to you Fisher You bid me when I came to be examin'd say we were going to Flanders and not to France Mr. Ashton What did I say else Fisher You bid me take that Half Crown for to Night to help to bear Charges and to Morrow you would take farther care of us Mr. Ashton I told you you were Prisoners now and I gave you that and told you I would take farther care of you Fisher You did not say we were Prisoners but you said you gave me that to help bear Charges for that Night and on the Morrow you would take farther care of us Mr. Serj. Thompson Then set up James Amonds Sir W. Williams Are you sworn Friend Amonds Yes Sir Sir W. Williams Then let the Court and the Jury know what you can say in this matter Amonds My Lord they came on Board about 11 or 12 a Clock at Night I was a sleep in the Cabin and heard a Boat coming on Board and I turn'd out and before I could get out of the Cabin they were got aboard and I see no Boat nor nothing So says the Master go forward and heave up the Anchor and after we had heaved up the Anchor I goes into the Skip to tow the Vessel down because there was no Wind and we would not let the Vessel go foul on the Ships that were in the River and a little after we came on Board again and when I came on Board again they were all on Board all four After that comes a Water-man and I was at the Helm steering and he called out to us Oh hoe says he did not I bring a Parcel of Gentlemen on Board this Smack Not as I know of said I Says he I carryed a Parcel of Gentlemen on Board some Smack that had a Pendant out and I know not where it is they carryed my Cloaths on Board with them Said I I know nothing of it nor I did not for I saw neither Water-man nor Boat so away the Waterman goes and we went down the River and when we came to Half-way Tree we came to Anchor and my Master went and laid himself down the Tide being almost done and there being no Wind and Mr. Ashton and they lay in the Cabin and says Mr. Ashton to me take care of us now and we will take care of you hereafter says he we shall help you to many a Freight and many a Pound Ay ay said I you will be taken care of to be sure at Day break or when the Day comes on about 8 a Clock we hove up the Anchor again and fell down as low as Long-Reach where the George Frigat lay and when we came there they went down to hide in the quarter Hatches I steered it down still and when we were got past that Man of War the Hatches were taken up and they came up again out of the Quarters and sate in the Cabin again and we had a fresh Gale of Wind and run down to Gravesend quickly and when we came near the Block-houses said I we are almost at the Block-houses then said they we will go down again and hide a little and so they did till they were past there then resolving to go to Dinner L. Ch. Just Holt. What time a day was this Amonds About 11 a Clock as near as I can guess Mr. Soll. Gen. Well they did go down to hide then did they Amonds Yes they did go down and hide and came up again I am sure some of them I heard some of them in the Cabin Mr. Soll. Gen. Well what followed Amonds After
One and Two my Lord of Danby came to me at one of the Doors of the House of Lords and told me his Father must speak with me and he carry'd me up to my Lord Linsey's Chamber and in a little time my Lord President came there and told me he heard there were divers Persons that had Papers of dangerous Consequence and were going to France and desired me to use my Skill for my seizing and securing of the Papers I began then to talk of what was proper for such an Undertaking and I told my Lord I thought the best way was to go to Woolwich or Depâ—ford and to take a Man of War's Pinnace with us Upon that my Lord of Danby being by said he knew of a Boat that he could have which was my Lord Duke of Grafton's and my Lady Dutchess had lent it him and he would go and get it ready Upon this my Lord President said he would give me a Note of the Name of the Vessel and where she went out and likewise a Letter to another Person that would instruct me farther and shew me the Vessel accordingly my Lord President gave me the Letter and I went away to look for the Person but could not find him My Lord Danby came to Tower-Wharf himself with the Boat and I left a Man there to bring me word when the Boat came up at the Place where I was and Captain Stringer and Sir Thomas Taylor came there to me After my Lord of Danby had told me what I had in the Boat I told him I thought there were not Arms enough and therefore it were best to go to the Tower to borrow some Arms from thence When we came to the Tower my Lord Lucas was not come in and when I had staid a little time he did come in And when I had acquainted him with my business he sent for an Officer of the Guard and there we borrowed some Arms a Blunderbuss of his and a Carbine and the like and about Eleven-a-Clock or somewhat past we put off from Tower-Wharf It was calm and we rowed down towards Gravesend and we went aboard a Vessel or two but was not willing to lose much time because I was resolved to take them before they were gotten too far So we rowed away for Gravesend where I refresh'd my Men and afterwards went down into the Hope and I did judge that no Vessel that could come from London that Tide could be a-head of me I went on board several Vessels that lay in the River in order unto the pressing of Men and I went on board all sorts of Vessels because I would give no Suspicion of what I was about and having been on board of several I pressed two or three Barkin Men and one particularly that knew all the Vessels upon the River and I made him to row very near to me that I might talk to him I had got the Names of a great many Smacks and gave it out that I would press a Smack to carry for a Tender to my Ship when the Fleet went out and naming this Smack that I was to go to search I told him I heard such a Smack sailed well and I had Thoughts of pressing her he told me She was old but said I She will serve a Summer well enough and that is it I intend to press if I can find her Says he I 'll shew you her I know her when I see her so we went on board several Vessels as we went along And as we were rowing along before we came to the Nest Point by Tilbury Fort we saw several Smacks coming down the River and when we came about the Point the headmost Smack of all the Fellow lookt out and said Yonder is the Thomas and Elizabeth Then I called to one of my Men to wave and bring them to lie by which they did and they lay by till I came on board When I came on board I saw two lusty Men stand by the Master said I Master you have got two good lusty Fellows that would serve the King but I 'll be kind and civil to you I 'll take but one Says the Master I hope not so for I have a Protection and with that I came on board and took his Protection in my Hand and read it As soon as I had read it I ask'd him if he had no more Men upon Deck than what I saw He said No then said I I must look a little farther And I went into the Quarters and took up the Scuttle and the Hatches and I saw some Gentlemen lie Oh said I What a pretty Posture is this Where are we a going Gentlemen you must turn out The first that came to hand was my Lord Preston but I did not know him then nor some time after I was in the Boat with him So I took hold of him and help'd him up and when he was up said I Sir I must search you Says he I hope you will take nothing from me Nothing said I but Papers So I search'd all his Pockets and as I found any Papers I put them into my own Coat-pocket And I took his Watch and pull'd it out and gave it him again After that I had search'd him came up Mr Ellyot the first Man and the next was Mr. Ashton who crouded up while Ellyot came up in his Night-Cap I think Mr. Ashton you had your Night-Cap on So Mr. Ashton goes down again and puts on a Periwig I think but coming up again one of my Sea-men sees him take something and put it into his Bosom He follows Mr. Ashton quick and pulls me by the Coat and says he That Gentleman has got something in his Bosom So I took hold of him and turned him round said I Mr. Ashton what have you got in your Bosom Nothing says he but a Handkercheif and immediately he put his Hand into his Bosom and pluck'd out the Handkercheif and shew'd me As soon as he had pulled out the Handkercheif I put my Hand into his Bosom and there I met with the Pacquet that had the Lead affixed to 't and pulling it out I clapp'd it into my own Pocket for I thought that was the Matter of Moment that I was to secure So I ordered them to go into the Boat and the Master of the Vessel to let go his Anchor and two Men I left in the Vessel whom I ordered to search and to secure what they found till farther Order and I left two Musquets with them And after we were in the Boat they desired to have somethings handed in which I gave Order for a Hamper and a Night-bag and away we put off from the Vessel and rowed up it was against Tide and very cold Weather In a little time Mr. Ellyot called one of the Gentlemen My Lord then I whispered him and ask'd him who that Lord was and he told me It was my Lord Preston Then I saluted my Lord and my Lord was pleased to say
with you Mr. Ashton I had not seen Mr. Ellyott of Three Months before I went into the City to hire the Boat L. C. J. Polexfen Why would you have my Lord Preston go with you Mr. Ashton Why would I have my Lord Preston go with me My Lord I hop'd to have got my Passage free with a Person of my Lord's Quality L. C. J. Holt Then you hired this Vessel for my Lord Preston Mr. Ashton No my Lord. L. C. J. Holt. Was it my Lord's Money or your own that you paid Mr. Ashton The Money I paid but how I should be repaid I cannot tell L. C. J. Holt Would you for your own Convenience pay a Hundred Pounds for a Boat to go to France and yet hope to get your Passage free by taking in my Lord Preston Mr. Ashton Truly my Lord I cannot tell how it would have been at the utmost we could but have paid our share of it L. C. J. Holt But you can tell me if you will I ask you how it was agreed among you Mr. Ashton Truly my Lord as I hope to be saved I cannot tell L. C. J. Holt Then there is another thing why did you desire one of the Sea-men to say That you were to go to Flanders and not to France and give him Half a Crown to say so Mr. Ashton I presume your Lordship knows that it is a Fault though it be not a Treasonable Fault to go into France L. C. J. Polexfen But Mr. Ashton Truth is the thing that we are enquiring after and that is the thing we would have prevail and I hope shall in all Cases If you are not Guilty we hope it will prevail of your side if you are guilty we hope it will prevail on the other side Now how likely is it that you should get into this same Company by chance without a Previous Agreement you sent something from Burdet's a Hamper and a Trunk and afterwards some other things went from Rigby's who is your Father-in-Law Mr. Ashton No There was nothing at all carried from Mr. Rigby's L. C. J. Holt Yes the Leather Bag I believe but another thing is this That if it be possible you will do well to give an answer to why did you enquire for a hiding Place Why did you ask the Master of the Ship whether there was a convenient Place to hide in Mr. Ashton As to that Matter my Lord I had heard of diverse People that actually had Passes and were going to Flanders yet were stopp'd and brought to Town again I believe my Lord Nottingham has bail'd many a One and your Lordship knows it to be so and has bailed many your self and therefore I had great reason upon that account to endeavour secrecy as much as I could L. C. J. Polexfen Mr. Ashton as I remember you said your self you were once before a going over and had the Misfortune to be stopt now to venture the Second time without a Pass was something strange why had you not gone and applied your self to the Secretary for a Pass Mr. Ashton I had made all the Application I could to my Lord Nottingham I cannot say in my own Name because I was sure before hand I should be denied but I did by other hands endeavour to have got a Pass to have gone into Flanders because it was of extraordinary consequence to me as I tell your Lordship to go quickly L. C. J. Holt. If you had such an occasion to go and had made it out to the Secretary and given Security you might have got it sure L. C. J. Pollexfen One word further Why should you be so much concerned to have these Papers thrown Over-board Mr. Ashton Perfectly out of Friendship and had I been Travelling with your Lordship or any Man else that had been so unfortunate I would have done the same L. C. J. Pollexfen Well Have you any more to say for your self Mr. S. Tremain Mr. Ashton call what Witnesses you will and speak as long as you will for your self you shall be heard at large Mr. Ashton Mr. Serjeant I thank you heartily I have no more to say at present L. C. J. Holt. Then the King's Council desire to speak a Word to the Jury Mr. S. Thompson May it please your Lordship and you Gentlemen of the Jury It falls out to be my Duty to Sum up the Evidence that has been given I opened the Cause at the beginning to you and I opened it at large and many Particulars there were mentioned and truly I do not think we have failed in the Proof of any one I know you are Men of that Observation that I need not nor shall take upon me to repeat all the Particular Circumstances but as near as I can I shall touch upon the Heads of the Evidence and do it with as equal regard to my Duty and as much tenderness to the Prisoner as any one can do Gentlemen In the First place you see what the Indictment is for 't is for a High-Treason of a very Great Nature no less then the Deposing the King and Queen and Subverting this Government and that by a French Power and Interest If Inviting an Invasion and giving an Account of the Weakness and where the Strength of the Government lay carrying Papers to Sollicite the French to come and to incite this Nation into Rebellion that so they might depose this King and set up the late King James again If these be High-Treason as doubtless they are then Gentlemen how far forth the Prisoner at the Bar had a share in it I must refer to you from what we have proved He is the Man it seems that made the first step for you may remember it was proved that he met this Woman at Burdet's in the City for the hiring of this Ship and after Two or Three Meetings more they come to a Conclusion and 93 Guinies and Six Pence are deposited to make up a 100 l. which was the Price agreed upon and that was actually paid by Mr. Ashton this is Sworn to be so The next thing is to what purpose this Money was paid and the Ship hired that is directly Sworn it was to carry Mr. Ashton and Two or Three more of his Friends not naming of them and they were to go to France one of the Witnesses says to any Port in France it was not directly declared to what Part. This I say was the purpose for which the Money was paid and the Vessel hired and this was to carry you Mr. Ashton and Two or Three more Friends of his into France It is true Mr. Ellyott afterwards did meet Mr. Ashton and I think was by at the Bargain making or at leastwise when the Money is paid I will not be positive in that because I would do him no wrong he being to make his Defence hereafter Mr. Ashton No he was not by I made the Bargain my self Mr. S. Thompson Then afterwards I remember one Circumstance when he hired