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A25883 The arraignment, trials, conviction and condemnation of Sir Rich. Grahme ... and John Ashton, Gent. for high treason against ... King William and Queen Mary ... at the sessions ... holden ... on the 16th, 17th and 19th days of January, 1690 ... : to which are added two letters taken at Dublin the 4th of July, 1690. Preston, Richard Graham, Viscount, 1648-1695, defendant.; Ashton, John, d. 1691. 1691 (1691) Wing A3768; ESTC R22452 178,632 142

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House of Commons now depending from the Queens Tradesmen and Debtors whom she owed 68000 l. she did Assign the Arrears of some growing Rents for the Satisfaction of this Debt but the King and Government have not thought fit to let it be applied to her use or to the paying of those Debts she assign'd it to Nay it has gone further I can appeal to several Persons there is one Man by chance in the Court that I believe does know that I promised and engaged and actually have paid a great part of this Debt for believing that the Money was good upon the Assignment I have actually paid some of these Men out of my own Pocket and perhaps more than became me to venture I think it may very well call my Discretion into question L. C. J. Holt. Who will you have called Mr. Ashton Mr. Ashton My Lord here is Mr. Spalding L. C. J. Holt. That the late Queen does owe People Mony that I believe is true Mr. Ashton Pray Mr. Spalding will you give the Court an account whether there is any Money due from the Queen to you Mr. Spalding My Lords and you Gentlemen of the Jury I have a Debt due to me from the late Queen as her Coach-Harness-maker it is 470 l. or something thereabouts and Mr. Ashton has paid me part of this Debt this I do own Mr. Ser. Tremain Pray how long have you been acquainted with Mr. Ashton Sir Mr. Spalding A dozen years Sir Mr. Ser. Tremain Have you had any Intimacy with him Mr. Spalding He and I have been very well acquainted Mr. Serj. Tremain Have you seen Mr. Ashton write at any time Mr. Spalding Yes I have Mr. Serj. Tremain Do you know his Hand Mr. Spalding Yes I think I do L. C. J. Polexfen Pray how came Mr. Ashton to pay you that part of your Money Mr. Spalding I press'd Mr. Ashton and told him my Necessities and he did advance me this Money L. C. J. Holt. How much did he advance Mr. Spalding Almost 400 l. L. C. J. Polexfen When was it he paid it you Mr. Spalding Almost a Year ago L. C. J. Holt. Did he pay it out of his own Pocket Mr. Spalding I believe so L. C. J. Holt. I believe so or was it Money that he had returned to him Mr. Spalding I believe it was out of his own Pocket my Lord. L. C. J. Holt. Why do you believe so Mr. Spalding Truly I believe it was out of his own Pocket L. C. J. Polexfen Pray who was to repay him Mr. Spalding About that very time we were Petitioning the House of Commons that we might have our Debts secured and our Money out of the Arrears of Rents due to the late Queen according to her Assignment and we so far press'd the matter that there was a Clause inserted into the Bill for the securing of our Debt but upon the next day or the day following the Parliament was Prorogu'd L. C. J. Polexfen Which way did he expect to be repaid Mr. Spalding I 'll tell you which way I suppose my Lord. L. C. J. Polexf Did he not tell you which way Mr. Spald No he never told me L. C. J. Polexfen Mr. Ashton did you never tell him how you should be repaid Mr. Ashton My Lord I hoped to be repaid and concluded I should out of the Arrears of Rent in the Tenants Hands L. C. J. Holt. But you were very kind to pay Money out of your own Pocket upon such Hopes Mr. Serj. Tremain Pray Sir will you look upon that Paper do you know the Hand Mr. Spalding No Sir I do not L. C. J. Holt. I suppose he did compound with you L. C. J. Polexfen This does shew an extraordinary kindness towards some sort of People Mr. Ashton If he Discounted the Interest to the time that we reckoned it would be paid you know that Prejudice would be to him and not to me it may indeed prove a Prejudice at last if the Debt be not paid because the Receipt is Conditional if it be not allowed him she shall Discount to me again L. C. J. Polexfen Was there no Money return'd over from the Queen K. Jame's Q n that was Mr. Ashton No my Lord directly nor indirectly not one Penny I believe they are not in a Condition to return Money L. C. J. Holt. Well Mr. Ashton what have you more Mr. Ashton I have nothing more to say I submit my Cause to your Lordship L. C. J. Polexf Look you Mr. Ashton as to some things that you have mentioned First there 's no body questions but you are a Protestant nay as far as I discern so they are all that are concern'd in this Matter The whole design shows that they are all so careful of the Protestant Religion that they design to restore and establish it by the King of France so that it appears they are all Protestants concern'd in this Project Mr. Ashton Pray my Lord who is it that proposes that L. C. J. Polexfen The Papers that were carrying to France Mr. Ashton you have heard them read Mr. Ashton I hope my Lord that no doubtful Insinuations or Suggestions are to effect me Mr. S. Tremain There is a Gentleman that was called to by the Prisoner it may be he knows his Hand pray Dr. Fitz-Williams look upon that Paper you have been acquainted with him many years do you know his Hand Dr. F. Williams No Sir I do not know his hand I never did see him write I cannot say I ever received a Letter from him Mr. Ashton I entirely submit my Cause to your Lordship and the Jury L. C. J. Holt Then you have done Mr. Ashton Mr. Ashton Yes Mr. Just Eyres Mr. Ashton because you cannot reply again upon my Lord Chief Justice after he has summed up the Evidence There 's another thing that I would put you in mind of that you may give an Answer to it Captain Billop swears before the Papers were found upon you and it seems to stick upon you when he was informed by the Sea-men that you had put something in your Bosom and he ask'd you what it was you said nothing but your Handkerchief Now if you knew not what was in the Papers how came you to deny you had any thing in your Bosom Mr. Ashton For the same Reason that I would have endeavoured to have had them thrown over-board out of kindness to the Person with whom I hapned to be taken L. C. J. Polexfen Consider Mr. Ashton what a strange many of things you run upon First you would have it believed That you had a mind to go into France upon your own account Mr. Ashton I do own that L. C. J. Polexfen Next then That you hired a Vessel for you and Ellyott Why would you have Ellyott to go with you into France Mr. Ashton I would not have him he desired the Favour of going L. C. J. Holt Who desired my Lord Preston to go or did he desire to go 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