Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	edward_n	great_a	king_n	4,270	5	4.0445	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

now My design was to go to France and I had very great and good Reason for it I think I had endeavonred all ways I could in the World to procure a Pass to go to France 't is very well known I did business under Lieutenant-General Worden that died half a year ago his Accounts are now depending and such Accounts as may be prejudicial in some points to his Family to whom I have always own'd and must a great Obligation and would be very glad upon all occasions to serve it and all the Branches of it this was not the whole nor the only design I had in going thither but I had likewise some business of my own I have a considerable Sum of Money owing me if it be necessary to prove it I can prove it by a Bond from a Person that is there a great Sum it is a very considerable one to me at least And my Lord I did think if I did not go my self it was impossible for me to do any thing in that Affair and that was the true and only Reason of my design in going to France having been out of hopes of getting any other Convenience otherways this was not a Design just now formed as if I were just now upon some Plot concerning the Publick but it has been my design ever since Lieutenant-General Worden died and he upon his Death-bed ingaged me to do it and I once went down hoping to have gone from Dover and there I was apprehended and taken And my Lord I have used all manner of Endeavours to go other ways but they have always failed me and this way I hoped would have taken my Lord I do own I did hire the Boat and I did pay the Money but with Submission I think that is not any manner of Treasonable Act my Lord perhaps it is an ill Act but it does not amount in least to Treason going to the King's Enemies suppose I went upon that account that is no manner of Treason in the World carrying Papers to the King's Enemies except it be proved that I was privy to them and knew the Contents of them if Lawyers inform me right is not Treason then what remains 'T is true I must own the Papers were found upon me and I believe there is no body that has heard the Evidence that has been given but must readily conclude that I found them in the place where the Sea-man says I took them up and besides my Lord there is not any manner of proof so much as aim'd at by the King's Council in all their Evidence that I was privy to any one of these Papers so that my Lord I think there is very little proved upon me at all I had the misfortune to be taken in this Company that was going where these Papers were taken it 's true but they have not attempted to prove that I was privy to or knew any thing of them at all nor that I was more concern'd than that they were taken in my Stomach this is all I have to observe upon the whole as to the business of the Indictment there are great and grevious Aggravations in it and such as I am not able to comprehend the meaning of the Words confound me and therefore I humbly desire your Lordship to tell me upon what Statute I am Indicted L. C. J. Holt. I 'll tell you Mr. Ashton you are Indicted upon the 25th of Edward the Third for conspiring compassing and imagining the Death of the King and Queen and for that purpose going into France and endeavouring to incite the French King to invade the Kingdom and telling him how he should do it and letting him know in what State and Condition the Kingdom was and how fit to be invaded M. Ashton Pray my Lord is that at all proved upon me L. C. J. Holt. That is the Question that the Jury are to judge of upon the Evidence that has been given Mr. Ashton As to that of compassing the Death of the King and Queen I am ignorant of dealings in Law but I conceive there are several Species of Treason mentioned in that Act of the 25 of Edward III. and as to the imagining the Death of the King that 's only to be proved by some Overt Act Now I think nothing at all has been proved of any open Act conducing to prove the imaginary or compassing the Death of the King or Queen no manner of Consultation or Treasonable Act at all and therefore my Lord I do not see that there is any great matter that is proved upon me and I hope you are of that Opinion too L. C. J. Holt. Mr. Ashton that you may not go away with a Mistake any that design'd the Deposition of the King and Queen and the Invasion of the Kingdom which is proved by any Overt Act it is sufficient to prove that they compass and imagine the Death of the King and Queen Mr. Ashton I presume it may be so I believe that may be the Construction of the Law L. C. J. Holt. And I make no question but those that you have consulted with have told you as much Mr. Ashton Truly as to Counsel my Tryal has been as hard as ever Man met withal L. C. J. Holt. Why do you say so Mr. Ashton the Court has not been hard upon you Mr. Ashton My Lord I do not complain of the Court but as to the matter of time I had notice by that Gentleman Mr. Bale to prepare for my Tryal and that was on Friday and not before L. C. J. Polexfen Friday was Sevenight you mean I suppose Mr. Ashton Yes I do mean Friday was Sevenight I was then a close Prisoner I had not the opportunity or liberty of seeing any Christian Soul I spake to him then and told him Mr. Bale this is very short notice pray be so kind as to move my Lord that I may have Council truly he was Civil enough and said he would do all he could says he will you give me the Names of your Council so I gave him the Names of four and of a Sollicitor but I never heard more of him in the matter I did with all my Industry and Skill give my Friends notice but I was under great difficulty for I had not the liberty of Pen Ink nor Paper nor a Man to send upon a Message on Saturday I gave my Friends notice of it upon Sunday which was no very good Day for business they apply'd themselves to my Lord Sidney whose Favour and Kindness I shall always own as long as I live he gave me all the dispatch possible and got me an Order to see my Wife that day though it was Sunday the next day I made Application to have my Council come to me that was Monday he with the same readiness procured that but it was Tuesday in the Afternoon before I could see any living Soul but my Wife and some of the Council that I desired would not readily come

THE ARRAIGNMENT c. OF Sir Richard Grahme Baronet Viscount PRESTON in the Kingdom of Scotland AND John Ashton Gent. Anno Regni Domini WILLIELMI Dominae MARIAE Angl. c. Secundo Die Veneris 16. die Januarii Anno Dom. 1690. The King and Queens Writ of Habeas Corpora was sent to the Governour of the Tower of London to bring up the Bodies of Sir Richard Grahme Baronet Viscount Preston in the Kingdom of Scotland John Ashton and Edmund Elliot Gent. to the Sessions-house in the Old-Baily London where they were brought between the hours of Ten and Eleven in the Forenoon and being placed at the Bar were Arraigned upon an Indictment of High-Treason found the day before by the Grand-Jury for the County of Middlesex at Hicks Hall in manner following Cl. of Arraignments SIR Richard Grahme hold up your hand Which he did and so the other two You stand indicted by the names of Sir Richard Grahme late of the Parish of St. Anne within the Liberty of Westminster in the County of Middlesex Baronet John Ashton late of the Parish of St. Paul Covent-Garden in the County aforesaid Gentleman and Edmund Elliott late of the Parish of St. James within the Liberty aforesaid in the County aforesaid Gent. for that you as false Traytors against the most Illustrious and most Excellent Princes William and Mary King and Queen of England Defenders of the Faith c. your Sovereign Lord and Lady not having the fear of God in your hearts nor weighing the duty of your Allegiance but being moved and seduced by the instigation of the Devil the cordial Love and true due and natural Obedience which every true and faithful Subject of our said Sovereign Lord and Lady the King and Queen that now are towards them our said Sovereign Lord and Lady the King and Queen should and of right ought to bear wholly withdrawing and contriving practising and with all your strength indending the Peace and Common Tranquility of this Kingdom of England to disquiet molest und disturb and War and Rebellion against our said Sovereign Lord and Lady the King and Queen that now are within this Kingdom of England to stir up move and procure and the Government of our said Lord and Lady the King and Queen of this Kingdom of England to subvert change and alter and our said Lord and Lady the King and Queen from the Title Honour and Royal Name of the Imperial Crown of this their Kingdom of England to depose and deprive and our said Lord and Lady the King and Queen to death and final destruction to bring and put you the said Sir Richard Grahme John Ashton and Edmund Elliott the Nine and twentieth day of December in the second year of the Reign of Our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes in the County aforesaid Falsly Maliciously Devillishly and Traiterously with Force and Arms c. with divers false Rebels and Traytors to the Jurors unknown did Conspire Treat of Compass Imagine and intend our said Lord and Lady the King and Queen that now are your supreme and natural Lord and Lady from the Royal State Crown Title Power and Government of their Kingdom of England to Deprive D●pose and Cast down and the same our Lord and Lady the King and Queen that now are to Kill and bring and put to Death and the Government of this Kingdom of England to Change Alter and wholly to Subvert and a miserable Slaughter among the Subjects of our said Lord and Lady the King and Queen within Their Kingdom of England to Cause and Procure and an Insurrection War and Rebellion against Our said Lord and Lady the King and Queen that now are within this Kingdom of England to Move Procure and Aid and the same your most evil wicked and Devillish Treasons and Taiterous Compassings Imaginations and Purposes aforesaid to fulfill perfect and bring to effect you the said Sir Richard Grahme John Ashton and Edmund Elliott as false Traitors then and there to wit the said Nine and twentieth day of December in the said second year of the Reign of our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes aforesaid in the County aforesaid with Force and Arms c. falsly unlawfully wickedly and traiterously did Propose Consult and Agree to Procure and Prepare great Numbers of Armed Men War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to Levy and Make And that you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the same Nine and twentieth day of December in the aforesaid second year of the Reign of our said Lord and Lady the King and Queen that now are at the Parish of St. Clement Danes aforesaid in the County aforesaid falsly maliciously and traiterously did Prepare and Compose and then and there did Cause and Procure to be Prepared and Composed several Traiterous Letters Notes M●morandums and Instructions in writing to shew and inform Lewis then and yet the French King and his Subjects then and yet Enemies of our said Lord and Lady the King and Queen that now are and very many other evil-disposed persons and false Traytors to the Jurors unknown of and concerning the Number Force and Condition of certain Ships for and on the behalf of our said Lord and Lady the King and Queen of England then and there designed and prepared for the defence of their Kingdom of England and their Enemies aforesaid to repell and resist and how some of the same Ships were Manned and of the Names of the Captains of several of the said Ships and how the Castles and Fortresses of our said Lord and Lady the King and Queen called Portsmouth South Sea and Gosport within this Kingdom of England were strengthened and fortified and how the same Castles and Fortresses into the hands and possession of Enemies and false Traytors against our said Lord and Lady the King and Queen might be taken and seized as also of the time places ways manners and means by which when and where the same Enemies of our said Lord and Lady the King and Queen this Kingdom of England might invade and infest and the same Enemies and the Ships of the Enemies of this Kingdom of England should fight against our said Lord and Lady the King and Queen and their faithful Subjects as also to procure provide prepare and obtain against our said Lord and Lady the King and Queen that now are Assistance and Armed Men our said Lord and Lady the King and Queen that now are from their Royal State and Government of this Kingdom of England to cast down and Despose and to stir up promote and procure the aforesaid Lewis the French King then and yet an

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

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

overboard the hiring the Vessel to go with these Treasonable Papers to an Enemies Country and the Papers found about you is Fact proved and is left to the Gentlemen of of the the Jury to consider of Mr. Ashton But does all this amount to more than Suspicion L. C. J. Holt. Look you Mr. Ashton if you speak after we have charged the Jury you will give us an Occasion of speaking to answer you the Gentlemen of the Jury are Men of Understanding they have very well observed the Evidence and I perceive they have been very extraordinary intent upon it they will be able to make a right Judgment no Question of it Mr. Ashton All that I desire is there is nothing proved upon me of my knowing what was in these Papers Mr. J. Eyres And there is that which is very considerable too that 't is plain what you say about Coll. Worden's Account is but a Pretence for which you were searcht there was not one Paper nor one bit of Account found about you nothing but this Bundle of Treasonable Papers and Letters Mr. Ashton My Lord I humbly begg you will observe what is for me as well as what is against me L. C. J. Holt. Gentlemen of the Jury do you think you shall stay out any Time the Court desires to know it because they will order themselves accordingly Juryman My Lord we do not know till we come together L. C. J. Holt. Nay take your own Time only the Court would comply with your conveniency in the Adjournment Then the Jury withdrew and the Court adjourn'd for half an Hour and when they were returned the Jury came in to give their Verdict and being called over answered to their Names Cl. of Arr. Gentlemen are you all agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. John Ashton hold up thy hand Which he did Look upon the Prisoner How say you Is he Guilty of the High Treason whereof he stands indicted or not Guilty Foreman Guilty Cl. of Arr. What Goods or Chattels c. Foreman None that we know of Maj. Richardson Look to him he is found guilty of High Treason Cl. of Arr. Then hearken to your Verdict as the Court hath recorded it You say that John Ashton is guilty of the High Treason whereof he stands Indicted but that he had no Lands nor Tenements Goods nor Chattels at the time of the High Treason committed nor at any time since to your knowledg and so you say all Jury Yes L. C. J. Pollexfen Gentlemen I think truly you have gone according to your Evidence which the Law requires you to do and that is it which will preserve us all And tho it be truly a thing that falls hard upon the particular Men that are concerned in such things yet notwithstanding we must have more consideration of the general Good and Preservation and the Support of the Government and that the Law have its due Course than of any particular Man's Case as to the hard Point of it We must look to these things or there will be no living in the 〈…〉 Sir W. Hedges My Lord we 〈…〉 of your Lordship that we may be dismist from further attendan●● 〈…〉 L. C. J. Pollexfen Ay. Cl. of Arr. Gentlemen you are dismist and the Court thanks you for your Service Then the Court adjourned for an Hour and then the Lord Mayor and Deputy Recorder with several of the Justices and Aldermen returned into the Court and after Proclamation for Silence Order was given to bring the Lord Preston and Mr. Ashton to the Bar. which was done The Lord Preston standing without the Bar and Mr. Ashton within Cl. of Arr. Sir Richard Grahm hold up your hand Which he did John Ashton hold up your hand Which he did My Lord Preston You stand convicted of high Treason for conspiring the Death of the King and Queens Majesties for adhering to the King's Enemies and endeavouring to subvert the Government What can you say for your self why the Court should not proceed to give Judgment against you of Death according to the Law Lord Preston 'T is true my Lord the Jury have found me guilty of the Treason assigned in the Indictment My Lord it is a Treason of a very heavy and black Nature 't is of such a Nature that if I had been conscious to my self to have deserved I should be very willing to undergo that Judgment that is like presently to pass upon me It is to endeavour to bring in the King of France to Conquer and Invade this Kingdom 't is a thought I always abhorred I love my Religion my Family my Country too well to attempt or endeavour any such thing I must appeal to your Lordship though now perhaps it is too late whether the Treason that is laid against me has been perfectly proved for in the Case of proving Hands and particularly in the Case of Collonel Sidney It was disallowed that comparison of Hands should be Evidence there ought to be at least one if not two Evidences to prove the writing of it My Lord I know this is too late I should have offered this to the Jury before but being in the Crowd and in great disorder by standing so long I had not strength or ability enough to urge it as I should I have nothing more to say in the Case but submit to that Judgment that the Law has assigned Mr. D. Recorder My Lord Preston Your Lordship knows the proceedings of the Law in such Cases there is no averring against the Verdict of the Jury they have found your Lordship guilty and the Law says that Judgment must be given upon you according to that Verdict Lord Preston Mr. Recorder I do not aver against the Verdict I own it is too late I should have offered it before and I submit to the Judgment of the Law Cl. of Arr. John Ashton hold up thy hand which he did You are in the same Case with the Prisoner last before you What can you say for your self why Judgment should not be given against you to die according to Law Mr. Ashton My Lord I would humbly desire I might have a sight of my Indictment I have some reason perhaps to believe that I am found guilty upon an Erroneous Indictment and if it be so I would desire to have Councel to argue the Errors of the Indictment Mr. D. Record You have heard it twice read in English and once in Latin and that is all that is allowed to any one in Your Case I never knew the Record of any Indictment shewn to any Prisoner at the Bar. Mr. Ashton Suppose there be any Error in it Mr. D. Record I am not to suppose any such thing if there is any it has been read to you assign it and the Court will consider of it Mr. Ashton If I can assign the Errors in the Indictment may I have the advantage of it then Mr. D. Record