THE ARRAIGNMENT c. OF Sir Richard Grahme Baronet Viscount PRESTON in the Kingdom of Scotland AND John Ashton Gent. Anno Regni Domini WILLIELMI Dominae MARIAE Angl. c. Secundo Die Veneris 16. die Januarii Anno Dom. 1690. The King and Queens Writ of Habeas Corpora was sent to the Governour of the Tower of London to bring up the Bodies of Sir Richard Grahme Baronet Viscount Preston in the Kingdom of Scotland John Ashton and Edmund Elliot Gent. to the Sessions-house in the Old-Baily London where they were brought between the hours of Ten and Eleven in the Forenoon and being placed at the Bar were Arraigned upon an Indictment of High-Treason found the day before by the Grand-Jury for the County of Middlesex at Hicks Hall in manner following Cl. of Arraignments SIR Richard Grahme hold up your hand Which he did and so the other two You stand indicted by the names of Sir Richard Grahme late of the Parish of St. Anne within the Liberty of Westminster in the County of Middlesex Baronet John Ashton late of the Parish of St. Paul Covent-Garden in the County aforesaid Gentleman and Edmund Elliott late of the Parish of St. James within the Liberty aforesaid in the County aforesaid Gent. for that you as false Traytors against the most Illustrious and most Excellent Princes William and Mary King and Queen of England Defenders of the Faith c. your Sovereign Lord and Lady not having the fear of God in your hearts nor weighing the duty of your Allegiance but being moved and seduced by the instigation of the Devil the cordial Love and true due and natural Obedience which every true and faithful Subject of our said Sovereign Lord and Lady the King and Queen that now are towards them our said Sovereign Lord and Lady the King and Queen should and of right ought to bear wholly withdrawing and contriving practising and with all your strength indending the Peace and Common Tranquility of this Kingdom of England to disquiet molest und disturb and War and Rebellion against our said Sovereign Lord and Lady the King and Queen that now are within this Kingdom of England to stir up move and procure and the Government of our said Lord and Lady the King and Queen of this Kingdom of England to subvert change and alter and our said Lord and Lady the King and Queen from the Title Honour and Royal Name of the Imperial Crown of this their Kingdom of England to depose and deprive and our said Lord and Lady the King and Queen to death and final destruction to bring and put you the said Sir Richard Grahme John Ashton and Edmund Elliott the Nine and twentieth day of December in the second year of the Reign of Our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes in the County aforesaid Falsly Maliciously Devillishly and Traiterously with Force and Arms c. with divers false Rebels and Traytors to the Jurors unknown did Conspire Treat of Compass Imagine and intend our said Lord and Lady the King and Queen that now are your supreme and natural Lord and Lady from the Royal State Crown Title Power and Government of their Kingdom of England to Deprive Dâ—pose and Cast down and the same our Lord and Lady the King and Queen that now are to Kill and bring and put to Death and the Government of this Kingdom of England to Change Alter and wholly to Subvert and a miserable Slaughter among the Subjects of our said Lord and Lady the King and Queen within Their Kingdom of England to Cause and Procure and an Insurrection War and Rebellion against Our said Lord and Lady the King and Queen that now are within this Kingdom of England to Move Procure and Aid and the same your most evil wicked and Devillish Treasons and Taiterous Compassings Imaginations and Purposes aforesaid to fulfill perfect and bring to effect you the said Sir Richard Grahme John Ashton and Edmund Elliott as false Traitors then and there to wit the said Nine and twentieth day of December in the said second year of the Reign of our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes aforesaid in the County aforesaid with Force and Arms c. falsly unlawfully wickedly and traiterously did Propose Consult and Agree to Procure and Prepare great Numbers of Armed Men War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to Levy and Make And that you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the same Nine and twentieth day of December in the aforesaid second year of the Reign of our said Lord and Lady the King and Queen that now are at the Parish of St. Clement Danes aforesaid in the County aforesaid falsly maliciously and traiterously did Prepare and Compose and then and there did Cause and Procure to be Prepared and Composed several Traiterous Letters Notes Mâ—morandums and Instructions in writing to shew and inform Lewis then and yet the French King and his Subjects then and yet Enemies of our said Lord and Lady the King and Queen that now are and very many other evil-disposed persons and false Traytors to the Jurors unknown of and concerning the Number Force and Condition of certain Ships for and on the behalf of our said Lord and Lady the King and Queen of England then and there designed and prepared for the defence of their Kingdom of England and their Enemies aforesaid to repell and resist and how some of the same Ships were Manned and of the Names of the Captains of several of the said Ships and how the Castles and Fortresses of our said Lord and Lady the King and Queen called Portsmouth South Sea and Gosport within this Kingdom of England were strengthened and fortified and how the same Castles and Fortresses into the hands and possession of Enemies and false Traytors against our said Lord and Lady the King and Queen might be taken and seized as also of the time places ways manners and means by which when and where the same Enemies of our said Lord and Lady the King and Queen this Kingdom of England might invade and infest and the same Enemies and the Ships of the Enemies of this Kingdom of England should fight against our said Lord and Lady the King and Queen and their faithful Subjects as also to procure provide prepare and obtain against our said Lord and Lady the King and Queen that now are Assistance and Armed Men our said Lord and Lady the King and Queen that now are from their Royal State and Government of this Kingdom of England to cast down and Despose and to stir up promote and procure the aforesaid Lewis the French King then and yet an
Enemy of our said Lord and Lady the King and Queen this Kingdom of England to Invade and to send Ships within this Kingdom of England the City of London of our said Lord and Lady the King and Queen that now are to Plague as also to cause very many Subjects of our said Lord and Lady the King and Queen that now are to Rise and War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to move procure make and levy And you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the same day and year at the aforesaid Parish of St. Clement Danes in the County of Middlesex of and for the same your Treasons and Traiterous Compassings Imaginations and Purposes aforesaid to execute fulfill perfect and bring to effect into your Hands Custody and Possession then and there Secretly Knowingly Vnlawfully and Traiterously did obtain procure detain had concealed and kept two several Bills of Exchange then before made for the Payment of several Sums of Money to the Enemies of our said Lord and Lady the King and Queen that now are as also very many Traiterous Letters Notes Memorandums and Instructions in Writings then and there composed and prepared with that intent to shew and inform Lewis then and yet the French King and his Subjects then and yet Enemies of our said Lord and Lady the King and Queen that now are and very many other Evil Disposed Persons and False Traytors to the Jurors unknown of and concerning the Number Force and Condition of the Ships for and on the behalf of them our said Lord and Lady the King and Queen of England then and there designed and prepared for the Defence of Their Kingdom of England and to Repell and Resist their Enemies and how some of the same Ships were Manned and of the Names of the Captains of divers of the same Ships and how the Castles and Fortresses of our said Lord and Lady the King and Queen called Portsmouth Southsea and Gosport within this Kingdom of England were Strengthned and Fortified and how the same Castles and Forts into the Hands and Possession of Enemies and false Traytors against our said Lord and Lady the King and Queen might be taken and seized as also the Times Places Ways Manners and Means by which when and where the same Enemies of our said Lord and Lady the King and Queen this Kingdom of England might Invade and Infest and the Enemies and Ships of the Enemies of this Kingdom of England should Fight against the same our Lord and Lady the King and Queen of England and their faithful Subjects as also to procure provide prepare and obtain against our said Lord and Lady the King and Queen Assistance and Armed Men to Invade this Kingdom of England and our said Lord and Lady the King and Queen that now are from their Royal State and Government of this Kingdom of England to cast down and depose and to stir up promote and procure the aforesaid Lewis the French King then and yet an Enemy of our said Lord and Lady the King and Queen to Invade this Kingdom of England and to send Ships within this Kingdom of England the City of London of our said Lord and Lady the King and Queen to plague as also to cause very many Subjects of our said Lord and Lady the King and Queen to Rise and War and Rebellion against our said Lord and Lady the King and Queen within this Kingdom of England to move procure make and levy And you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the Thirtieth day of December now last past at the aforesaid Parish of St. Clement Danes in the County of Middlesex concerning and for the same your Treasons and Traiterous Compassings Imaginations and Purposes aforesaid to execute fulfill perfect and bring to Effect for One Hundred Pounds in Moneys numbred by you the said Sir Richard Grahme John Ashton and Edmund Elliott then and there paid and deposited unlawfully and Traiterously did hire and prepare and then and there did cause and procure to be hired and prepared a certain Ship and three Men you the said Sir Richard Grahme John Ashton and Edmund Elliott with the said Bills of Exchange and the aforesaid Traiterous Letters Notes Memorandums and Instructions in Writing into the Hands Custody and Possession of you the said Sir Richard Grahme John Ashton and Edmund Elliot secretly unlawfully and traiterously kept concealed and detained from this Kingdom of England unto and into France in Parts beyond the Seas then and yet under the Rule and Government of the said Lewis the French King then and yet an Enemy of our said Lord and Lady the King and Queen secretly to carry and transport with that intent the said Bills of Exchange Traiterous Letters Notes and Memorandums and Instructions in Writing there in parts beyond the Seas to the Enemies of our said Lord and Lady the King and Queen and other Evil-disposed Persons to deliver and disperse And the said most wicked Treasons and Traiterous Compassings and Imaginations aforesaid to fulfil perfect and bring to effect as also to cause promote and procure the aforesaid Enemies of our said Lord and Lady the King and Queen to invade this Kingdom of England with Ships and Armed Men. And you the said Sir Richard Grahme John Ashton and Edmund Elliott afterwards to wit the 30th Day of December now last past at the aforesaid Parish of St. Clement Danes in the County aforesaid concerning and for the same your Treasons and Traiterous Compassings Imaginations and Purposes aforesaid to execute and fulfil maliciously traiterously and advisedly then and there and diverse other days and times as well before as after took upon your selves to very many other Traytors to be aiding and assisting in the execution of the Treasons and Traiterous Compassings Imaginations and Purposes aforesaid and then and there to wit the same 30th day of December now last past at the Parish of St. Clement Danes in the County aforesaid maliciously secretly and traiterously did hire and prepare and then and there did cause and procure to be hired and prepared a certain Boat and one Man to the Jurors aforesaid unknown you the said Sir Richard Grahme John Ashton and Edmund Elliott from thence to and into the aforesaid Ship so as aforesaid hired and prepared to carry and convey And you the said Sir Richard Grahme John Ashton and Edmund Elliott maliciously and traiterously into the same Boat then and there did enter and your selves from thence in and by that same Boat unto and into the Ship aforesaid then and there unlawfully and traiterously did cause and procure to be carried with the intention aforesaid And you the said Sir Richard Grahme John Ashton and Edmund Elliott with the same Bills of Exchange and the aforesaid traiterous Letters Notes Memorandums and Instructions in Writing and in your Hands Custody and
Possession then and there in and with the Ship aforesaid did sail and depart towards the aforesaid Kingdom of France in Parts beyond the Seas the same your most wicked evil and traiterous Intentions Purposes Compassings and Imaginations aforesaid to fulfil perfect and promote against the Duty of your Allegiance against the Peace of our said Lord and Lady the King and Queen that now are their Crown and Dignity and against the Form of the Statute in that Case made and provided And the Indictment further sets forth that long before the aforesaid Nine aud Twentieth day of December now last past open War between our said Lord and Lady the King and Queen and the aforesaid Lewis the French King was begun declared and waged and yet is Which said Lewis the French King and his Subjects and the men of those parts then and yet were and are Enemies to our said Lord and Lady the King and Queen that now are and to their Kingdom of England And that in the time of the aforesaid War between them our said Lord and Lady the King and Queen and the aforesaid Lewis the French King you the said Sir Richard Grahme John Ashton and Edmund Ellyott being Subjects of our said Lord and Lady the King and Queen that now are as false Traitors against our said Lord and Lady the King and Queen during the War aforesaid to wit the Nine and Twentieth day of December in the Second year of the Reign of our said Lord and Lady the King and Queen that now are and divers other days and times as well before as after at the Parish of St. Clement Danes aforesaid in the County aforesaid with force and Arms c. To the aforesaid Enemies of our said Lord and Lady the King and Queen that now are unlawfully and Traiterously were adhereing and assisting and in Execution and performance of the same adhering you the said Sir Richard Grahme John Ashton and Edmund Ellyott then and there to wit the same Nine and Twentieth day of December in the Second year of the Reign of our said Lord and Lady the King and Queen that now are abovesaid at the aforesaid Parish of St. Clement Danes in the County aforesaid falsly Maliciously and Traiterously did prepare and compose and then and there did cause and procure to be prepared and composed as also into your Custody and Possession then and there unlawfully secretly and Traiterously did obtain detain conceal and keep divers traiterous Letters Notes Memorandums and Instructions in writing to shew and inform the aforesaid Lewis then and yet the French King and his Subjects then and yet Enemies of our said Lord and Lady the King and Queen that now are of and concerning the Number Force and Condition of certain Ships for and on the behalf of our said Lord and Lady the King and Queen of England then and there designed and preparing for their defence of their Kingdom of England and their Enemies aforesaid to repel and resist and how some of the same Ships were manned and of the Names of several of the Captains of the said Ships and how the Castles and Frotresses of our said Lord and Lady the King and Queen called Portsmouth Southsea and fortified and Gosport within this Kingdom of England were strengthened and how those same Castles and Fortresses into the hands and possession of the said Enemies of our said Lord and Lady the King and Queen might be taken and Seized as also of the Time Places Ways Manners and Means by which when and where the same Enemies of our said Lord and Lady the King and Queen that now are this Kingdom of England might invade and Infest and they the said Enemies and the Ships of the said Enemies of this Kingdom of England should fight against our said Lord and Lady the King and Queen and their faithful Subjects And that during the War aforesaid to wit the aforesaid Thirtieth day of December now last past you the said Sir Richard Grahme John Ashton and Edmund Ellyott at the aforesaid Parish of St. Clements Danes in the County aforesaid unlawfully and Traiterously did hire and prepare and then and there did cause and procure to be hired and prepared a certain Ship and three men you the said Sir Richard Grahme John Ashton and Edmund Ellyot with the same Traiterous Letters Notes Memorandums and Instructions in writing from this Kingdom of England unto and into France in parts beyond the Seas then and there under the Rule and Government of the aforefaid Lewis the French King then and yet an Enemy of our said Lord and Lady the King and Queen secretly during the War aforesaid to carry and transport to the intent the same Traiterous Letters Notes Memorandums and Instructions in writing there in parts beyond the Seas to the aforesaid Enemies of our said Lord and Lady the King and Queen that now are to deliver and disperse during the War aforesaid in aid of the said Enemies of our said Lord and Lady the King and Queen in the War aforesaid And that you the said Sir Richard Grahme John Ashton and Edmund Ellyott during the War aforesaid to wit the aforesaid thirtieth day of December now last past at the Parish of St. Clement Danes in the County aforesaid concerning and for the same your Treasons and traiterous Adhereings and purposes aforesaid to execute and fulfil maliciously traiterously and advisedly then and there did hire and prepare and then and there did cause and procure to be hired and prepared a certain Boat and one man to the Jurors unknown you the said Sir Richard Grahme John Ashton and Edmund Ellyott from thence to and into the Ship aforesaid by you as aforesaid hired and prepared to carry and convey And that you the said Sir Richard Grahme John Ashton and Edmund Ellyott maliciously and traiterously into the same Boat then and there did enter and your selves from thence secretly in and by the same Boat unto and into the same Ship then and there did cause and procure to be carried in prosecution of the adhereing aforesaid And you the said Sir Richard Grahme John Ashton and Edmund Ellyott then and there with the same traiterous Letters Notes Memorandums and Instructions in writing in your custody and possession being during the War aforesaid to wit the same day and year in and with the Ship aforesaid did sail and depart towards the aforesaid Kingdom of France to the intent the same traiterous Letters Notes Memorandums and Instructions in writing in parts beyond the Seas to the said Enemies of our said Lord and Lady the King and Queen that now are to deliver concerning and for Aid Intelligence and Counsel by you the said Sir Richard Grahme John Ashton and Edmund Ellyott to the same Enemies of our said Lord and Lady the King and Queen that now are to give and yeild during the War aforesaid against the Duty of your Allegiance against the peace of our said Soveraign Lord and Lady the
King and Queen that now are their Crown and Dignity and against the Form of the Statute in that case made and provided How say you Sir Richard Grahme are you guilty of this Felony and High Treason whereof you stand indicted or not guilty L. Preston My Lord I have something humbly to offer to your Lordships L. C. J. Holt. What is it your Lordship would say L. Preston My Lord I find I stand indicted by the name of Sir Richard Grahme Baronet but I do take my self to be intitled to another way of Trial as being a Peer of England by vertue of a Patent before the Vote of Abdication was made and it was in a time when all your Processes and all your Writs went in the late King's Name and all Officers acted by vertue of his Commissions My Lord This is a matter that concerns me in point of Life Estate Posterity and all that 's dear to me and therefore I desire to know whether your Lordships think fit to allow me my Peerage I offer it my Lord with all the respect and modesty imaginable L. C. J. Holt. My Lord I apprehend your Lordship to offer against your being tried here that you are a Peer L. Preston I take my self to be so my Lord. L. C. J. Holt. My Lord you must make that out to the Court. L. Preston I told your Lordships the Ground of my Claim and Apprehension it is from a Patent I received before the Vote of Abdication when all Commissions and all Process and all the Courts of Judicature run in that Name L. C. J. Holt. Where is that Patent my Lord L. Preston It is in the Hands of the House of Lords L. C. J. Holt. My Lord Preston we cannot take notice of that Patent if your Lordship plead that you were made a Peer by a Patent under the Great Seal of England you must produce it under the Great Seal that the Court may see what it is and whether it be sufficient to justifie your Plea L. Preston I hope your Lordship and this Court will enable me to do that by sending an Order to the Clerk of the House of Lords to bring the Patent hither for it is in his hands L. C. J. Holt. My Lord that is not in our power If your Lordship take your self to be a Peer and would thereby stop this Court from proceeding to try you you must be ready to make it out L. Preston I am ready to make it out if I had my Patent here that would make it out Certainly there is some Authority now in being I humbly offer it with all submission and respect that may order the Clerk of the House of Lords to attend this Court and produce this Patent L. C. J. Holt. My Lord Preston we are not to enable you to plead to the Jurisdiction of the Court. L. Preston My Lord I offer it with all respect to the Court I am concerned in it for my Life and my All and if that be overruled this I hope you will do before you go on you will hear me by my Counsel L. C. J. Holt. My Lord it is nothing that you have said for if your Lordship plead this Plea to the Jurisdiction of the Court it ought not to be received without shewing your Patent L. Preston My Lord I desire my Counsel to be heard to this matter L. C. J. Holt. I know your Lordship has had the benefit of Counsel and I know your Counsel must tell you that what you say goes for nothing unless you put in your Plea and produce your Patent that the Court may judge upon it Mr. Sol. Gen. My Lord I have observed what my Lord Preston has mentioned L. Preston Pray Mr. Sollicitor will you speak out that I may hear what you say Mr. Soll. Gen. My Lord I say I have taken notice of what your Lordship has offered It has been most truly observed by the Court that it is your Lordships part to make good your Plea and it ought not to be expected that any Court should help a Person to plead to its Jurisdiction But because it should not be pretended that an advantage was taken against the Prisoner for a defect in point of form or that any thing was insisted on which should have the least appearance of a hardship and that we may proceed in the most clear and unexceptionable manner that can be I must beg leave to observe to your Lordship and the Court how far this matter which my Lord Preston has insisted on has been debated and determined in another place L. C. J. Holt. So on Mr. Sollicitor M. Soll Gen. My Lord upon the 11 of Nov. 1689. My L. Preston did make some claim in the House of Lords that he was a Peer of the Realm the House of Lords demanding of him upon what he founded his pretence he said he claimed by Letters Patents from the late King James which passed the Great Seal before the time of the Vote of Abdication The Lords required that those Letters Patents should be produced which being done and my L. Preston insisting upon his claim to be a Peer of England the Lords thought fit that day to commit my Lord Preston to the custody of the Black Rod. The next day being the 12th of November upon solemn debate of the validity of these Letters Patents and consulting with the Judges then present the Lords nemine contradicente did adjudge and declare those Letters Patents to be void and null And by another Order of the same date they did order Mr. Attorney General to prosecute my Lord Preston in the King's Bench for a High Misdemeanor in presuming to claim Peerage by those Letters Patents And by a third it was ordered that the Letters Patents should remain in Custody of the Clerk of the Parliament Thus you see my Lord this matter hath had already a solemn determination in a Court which had the most proper Conusance and Jurisdiction of Claims in this Nature And they having pronounced their Judgment I did not think it would have been urged again in this place I thought it proper to mention these things to shew how it comes to pass that my Lord Preston has not his Letters Patents to produce and to satisfy every man that there is no hardship put upon my Lord Preston by Trying him here when he ought to be Tried by another Judicature The Lords have given Judgment against these Letters Patents and have Ordered that they shall remain in Custody of the Clerk of Parliament and my L. Preston is not a stranger to these transactions and therefore if my Lords Council had been of opinion he could have made any use of them they would have inform'd him he must have taken another course to have got them and could not expect this Court should make an Order for him contrary to the Order of the House of Lords to take the Letters Patents out of the hands of the Clerk of the Parliament
Forces of a Declared Enemy These are the things that the Prisoners are charged with and certainly there ought to be no delay in the searching into such Matters as these They have had a Weeks notice of Tryal already and for many days of that week at least they have had as many Councel to assist them as they desired and all the Sollicitors that they had a mind to have had free access to them so that they have wanted no opportunity to prepare for their Tryal that Men in their Circumstances could have As to what has been said with relation to the Jury the Law indulges them in the Number of their peremptory Challenges without being put to shew Cause and the Court hath granted them at the very instant of their Pleading a Copy of the Pannel and there is a reasonable time between this and to morrow for their making such Enquiry into the Jury as is justifiable and fit to be made But if by time to look into the Jury it be meant that there may be a time for tampering that I am sure your tenderness of the Government will not permit you will take care as much that no such thing be done as you will that they should not be surprized If your Lordships are pleased that the Tryal be put off till to morrow we will be ready to morrow to attend it L. Preston My Lord 't is a very hard presumption that Mr. Sollicitor makes of our asking a Copy of the Pannel that it is with a design to tamper with the Jury Mr. Sol. Gen. I did not say so but I said till to morrow was time enough to make a Justifiable Enquiry L. Preston But if I be to be tryed to morrow I am willing to be tryed to day for I am as ready now as I shall be then L. C. J. Holt. It may be so and as ready as you will be after the Term But I know not what your Lordship means by expressing such resentment that because you can't have what time allowed you would therefore you will have none but be tryed now L. C. J. Pollexfen You may have time enough to prepare your self as to the Jury certainly between this and to morrow Mr. Serj. Thompson My Lord we that are for the King have given these Gentlemen notice long enough to be prepared if we should try them now for that 's the time we gave notice for but because we would indulge them as far as we could we are willing that they should have till to morrow and intending them that kindness are not ready to try them to day and there can be no pretence for them to put off this Tryal any longer for there can be no want of Evidence as to the Fact we charge them with for all the Evidence that we shall bring against them was taken from themselves or the greatest part of it L. C. J. Holt. Well What time will you be ready then Mr. Serj. Tompson To morrow morning L. C. J. Holt. Then to morrow at Eight a Clock you are to be tryed L. C. Pollexfen My Lord Preston do but consider you had seven days notice and to morrow makes eight L. C. J. Holt. You had notice for this day this day sevenight Mr. Ashton But we have had only three days time to consult with our Councel though we desired we might have our Councel come to us that day Mr. Sol. Gen. They were told they must apply themselves to the King for that at the same time Mr. Ashton We did do so that night to my Lord Sydney then Sunday interven'd which was no day for Business and we could not have our Order On Monday we could not have it till night so that it was Tuesday before we could get any Body to us My Lord it is a Weighty concern and all such hasty Proceedings were thought very hard in the late Times and particularly the denying Mr. Cornish time and 't is one of the Reasons given in this Kings Declaration for his coming here into England the hardships that the Law laid upon Men in their Tryals which he came to prevent L. C. J. Pollexfen The hardship that was upon Mr. Cornish was that he was taken upon the Tuesday off from the Exchange and tryed before that day sevenight and that was hard indeed but besides he was taken about his Business off from the Exchange I know not whether you were about your Business your Lawful Business when you were taken God of Heaven knows that And pray consider here is a matter of very great consequence on the one side and on the other For if Men be Plotting against the Government to give them time to carry on their Plots will be mischievous on that side Mr. Ashton My Lord till that be legally proved before your Lordships that is but a supposition L. C. J. Pollexfen That will lie upon them to prove L. C. J. Holt. Mr. Ashton we are to suppose you not Guilty till you are proved Guilty Mr. Ashton Then my Lord the Law says we may except against so many Persons what is the end of the giving us a Copy of the Pannel 't is not to be presumed we can do it by their Faces for what can I say to the Face of one I never saw We must enquire concerning the Men and that is a work of time for some of these Gentlemen I presume live eight or ten miles out of Town Is it possible for me before to morrow morning eight a Clock to send to 35 Men to enquire after them L. C. J. Holt. No nor is it intended you should L. C. J. Pollexfen Nay if you intend to send to the Jury-Men we have no reason to give you time Mr. Ashton I mean to enquire after the Men their Lives what Religion they are of what sort of Men they are L. C. J. Holt. I suppose they are all Protestants of the Church of England but suppose they are all Strangers to you and yet good and lawful Men of the County and there be no difference between you and them then they are fit to try you Mr. Ashton 'T is true my Lord but if I have liberty to except against 35 I ought to know something of them L. C. J. Pollexfen Yes and inform your self as well as you can of them but not to send to them that is not to be permitted L. Preston There is another Point to enquire of them and that is Whether they be Freeholders or not L. C. J. Pollexfen We have neither you Lordships Affidavit nor the Oath of any other Person only an Allegation L. C. J. Holt. My Lord you must expect your Tryal to Morrow Morning we cannot put it off we are limited in time the Sessions can hold no longer than Monday because of the Term. Mr. Ashton Then will your Lordship please to put it off till Monday L. C. J. Holt. No we shall not have time to do it it may be a long Tryal L. Preston I protest
Edmund Elliot as false Traitors against our Soveraign Lord and Lady King William and Queen Mary not weighing the Duty of their Allegiance the 29th of December in the Second year of their now Majesties Reign at the Parish of St. Clements Danes in this County of Middlesex did Conspire Consult and Imagine to Depose Their Majesties from the Throne and Government of these Kingdoms and to bring the King and Queen to final Death and Destruction and to Levy War within this Kingdom and procure an Invasion to be made here and that to bring their Treasons to pass they did prepare and compose and cause to be prepared and composed divers Treasonable Letters Notes Memorandums and Instructions in Writings which were to inform the French King and his Subjects and other Enemies of the King and Queen of the Number Force and Condition of Their Majesties Ships and how some of them were Mann'd and the Names of several of the Commanders of them and how the Castles and Forts of Portsmouth South-Sea and Gâ—sport within this Kingdom were fortified and how they might be Seized and Surprized by the King's Enemies as also to inform them of the time places ways and means how they might Invade the Kingdom Depose Their Majesties and Fight with their Ships against Their Majesties Ships and cause and procure great Forces to be raised against the King and Queen and fend Ships to plague the City of London and War and Rebellion within the Kingdom to procure and that they did knowingly and secretly prepare and conceal two several Bills of Exchange for the payment of Money to the King's Enemies and got these Bills of Exchange Letters Notes and Memorandums into their Custody and afterwards the 30th day of December for the Sum of One hundred pounds by them or some of them paid they did hire a Ship to carry them and the said Bills of Exchange Letters Notes Memorandums and Instructions into parts beyond the Seas to and among their Majesties Enemies and did also prepare a Boat which was to carry them to the Ship and accordingly they went into the Boat and went on Board the Ship with the Bills of Exchange and Papers aforesaid and being on Board they set Sail and made away towards France with those Bills of Exchange and Papers with intention to disperse them and to perfect their said Treasons And the Indictment further sets forth that there was and is a War between Our King and Queen and the French King and the People of those parts under his Dominions who are Enemies of the King and Queen the Prisoner together with those other two named before as false Traitors did adhere to the Enemies of the King and Queen and to bring about this Treason they did procure such Bills of Exchange Letters Notes Memorandums and Instructions and did hire such Ship and Boat to carry them and those Papers into France and did go on board the said Ship and Sailed away for France with intention to aid and assist the King's Enemies in Counsel and Intelligence by those Papers and Bills of Exchange as I before opened unto you and this is laid to be against the Duty of his Allegiance against the Peace of Their Majesties Their Crown and Dignity and against the Form of the Statute in that Case made and provided To this Indictment Gentlemen the Prisoner Pleaded he is Not Guilty and for his Tryal hath put himself upon his Country which you are if we prove him Guilty it is your Duty to find him so Mr. Sol-Gen My Lords and Gentlemen of the Jury the Indictment hath been opened to you at large and I do not doubt but you have observed it It consists of two Parts which are formed upon two several Branches of the Statute of the 25th of Edward 3. the one is for compassing and imagining the Deposing and Destruction of the King and Queen the other aiding and assisting the King and Queens Enemies Treason Gentlemen consists in the imagination of the Heart but because that imagination of the Heart can be discovered no other way but by some open Act therefore the Law doth require that some Overt Act manifesting that Intention and Imagination be assigned and proved I doubt not but you have observed that there are several Overt-Acts of both these kinds of Treason assigned in this Indictment Gentlemen the general Design of the Conspiracy as will appear by the Evidence was this The King and Queen were to be Deposed and this was to be effected by a French Army and a French Fleet. It will be easily Granted that nothing more dreadful can enter into the Imagination of an English-man than the destruction of our Fleet and the Conquest of the Kingdom by the Arms of France But yet it will be part of the Evidence that we shall offer to you that the Prisoners and others of the Conspirators seem to be of another Mind for amongst the Papers which were taken with the Prisoners you will see one which is styled The Result of a Conference wherein they pretend to shew the possibility of Restoring King James by the Power of the French King and yet to preserve the Protestant Religion and the Laws and Liberties of the Kingdom They themselves went no farther than to think it possible and I believe it will be hard to perswade any other English-man that it is possible unless one Instance could be given that the French King ever employed his Arms for setting up any Body but himself his own Religion and his own Government I never heard that he did pretend to Form any part of his Glories upon the virtue of Moderation or Self-denial And there can hardly be imagined a greater Instance of Self-denial than for the French King after he had destroyed the Dutch and English Fleets and subdu'd our Forces at Land not to make use of his Success so as to add these Three Kingdoms to his Conquests and possess himself of the uncontested Dominion of the Sea for ever but only to Intitle him at so great hazard and Expence to become a Mediator between King James and the People of England and by his Mediation to establish the Protestant Religion and the Liberties of the People And yet as absurd as this seems you will find this to be the Result of one of their Conferences I did never think it was the part of any who were of Counsel for the King in cases of this Nature to endeavour to aggravate the Crime of the Prisoners by going about to put false Colours upon Evidence or to give it more than its due weight and therefore I shall be sure to forbear any thing of that Nature But I think it my Duty to give you some Account of the Nature and Course of the Evidence to be produced to you which consisting of several sorts it will be in some sort necessary to open it that you may the more clearly apprehend it and with more ease make your Observations upon it Gentlemen we shall
my Lord Nottinghams and markt it there L. C. J. Holt. Then Read it Clerk of the Peace Reads For Mrs. Anne Russell to be left with Mrs. Richeson at the Blew Bore in Ryder-street near St. James's A the King B the Queen C the Prince of Wales D the Prince of Orange E Canon and the Scotch Officers F the Duke of Berwick G Duke Tyrconnel H Major General Sarsfield I Lieutenant General Shelden L King of France M Marshal Luxemburgh N Marshal Belford O Duke Powis P Dutchess Powis Amsterdam Breast Rotterdam Deip. Hague Hauvre de Grace Brill Dunkirk Harlam Callis Italy England Germany Scotland Spain Ireland Mr. Serj. Tremain Then the next Papers we produce are the Bills of Exchange Pray shew them to Capt. Billop What say you Capt. Billop were those among the other Papers Capt. Billop Yes they were I remember very well Mr. Serj. Tremain My Lord they are in French and therefore we must Swear a Gentleman that we have here to Interpret Call Mr. Humphry Levermere Mr. Levermere Here I am He was sworn A Londres le 29 Septembre Monsieur LEs presante vous sera rendus par Monsieur Orbinet qui est un de mes bon amis qui se fera cognoistre par quelque personne de vostre Cognoissance Vouz m'obligerez tresenfiblemant en de luy rendre service en tout ce que vous pouires Il pourra vouz communiquer quelque Affaire en Commission vouz pouvez avoir Confiance en luy de toutes les manieres je vous prie doncque l'obliger en tout ce que vous pourriez Je suis Monsieur Vostre tres humble tres obeissant Serviteur P. du Livier A Mon. Mon. Jo. du Livier Paris A Londres le 29 Decembre 8 Janvier 1690. Monsieur AVn jour de veue il vous plaira payer par cette premiere d'Eschange a l'Order de Mr. Michel Orbinet Trois Mille trois cents trente trois Livres valeur du dit Sieur suivant l'advis de Vostre tres humble tres obeissant Serviteur P. du Livier A Mon. Mon. Jo. du Livier Paris Londres le 29 Decembre 8 Janivier 1690. Pour Liv. 3333. Monsieur AVnjour de veue plaira payer par cette me premiere d'Eschange a l'Ordre de Mr. Michel Orbinet Trois Mille trois cents trente trois Livres Tournois valeur du dit Sieur suis Vostre tres humble Serviteur J. Berionde A Mon. Mon. Anthoine Pelletyer Merchand a Paris London the 29th December SIR THis present will be delivered you by Mr. Orbinet who is one of my good Friends and who will make himself known by some Person of your Acquaintance You will very sensibly oblige me in doing him Service in all that you can He will be able to communicate some Affair in Commission you may have Confidence in him about all Points I pray you then to oblige him in all that you can I am SIR Your most humble and most obedient Servant P. Du LIVIER To Mr. Joseph Du Livier Paris London the 29th December 8 January 1690. SIR AT one days sight be pleased to pay by this First of Exchange to the Order of Mr. Michael Orbinet Three thousand three hundred thirty three Livres Value of the said Gent. according to the Advice of Your most humble and most obedient Servant P. Du LIVIER To Mr. Joseph Du Livier Paris London 29 December 8 January 1690. For 3333 Livres SIR AT one days sight be pleased to pay by this my first of Exchange to the Order of Mr. Michael Orbinet Three thousand three hundred thirty three Livres Tournois Value of the said Gent. And I am Your most humble Servant J. BERIONDE To Mr. Anthony Pelletier Merchant at Paris Mr. Serj. Tremain Pray how much do they all come to Mr. Levermere They come to 500 l. wanting but Twelve pence Mr. S. Tremain My Lord we have shewn your Lordship part of the Papers that were taken in this Pacquet but we have reserved three of the Papers till the last place and these three Papers if we had no other were sufficient to maintain this Indictment for they are written all with my Lord Preston's own Hand wherein he gives an Account how the French should Invade us how the Forts may be taken how London should be plagued and what a sort of Rascals the Clergy of London are these are the Contents of the Papers among other things Pray shew them to Captain Billop Which was done Capt. Billop These were two Papers that were in the Pacquet and the other little one with them Ld. Preston My Lord I would desire your Lordship to observe one thing to the best of my remembrance Capt. Billop said he only mark'd six of the Papers L. C. J. Holt. How many has he sworn to Ld. Preston I believe he has proved more Capt. Billop I never said so I mark'd a great many tho' not all but I did not say how many Mr. Serj. Tremain Were these Papers taken in the Pacquet Capt. Billop Yes all three Ld. Preston Just now he said but two Mr. Sol. Gen. Have you look'd upon them all Sir Capt. Billop Yes I marked but two of them but the other little Paper was with them I read them my self I remember it very well Mr. Serj. Thompson Then we pray the Clerk may read them Cl. of Peace reads Lady D. 2000 l. And 200 l. for Shop-debts Mr. S. Thompson My Lord we would open this piece of Evidence before we read it that it may be understood and we shall prove it to be my Lord's Hand afterwards It consists of many Heads and Particulars without Order or Method and seems to be no more than Memorandums made by my Lord Preston to put him in mind what he was to enlarge upon when he came thither Cl. of Peace reads Lady D. 2000 l. And 200 l. for Shop-debts Pension upon the 14 3 Deckt Ships Britania Ad. Soveraign out and R James 33 3d Rates make the 14 and 30 67. Sundry Hospitals and Fire-ships some built on purpose proportionable Of Third Rates most mann'd 14 not mann'd great ones Rest in some proportion'd Mann'd not well Manned nor will be Britania not out till March the rest perhaps in April The French must be out in April and in the Downs Look in at the Spithead to secure them The Dutch Fleet cannot then joyn them Carter and others at Portsmouth the likeliest Men to come to him Dutch Fleet 36 Sail 9 from 70 to 60 Guns 12 from 50 to 60 the rest betwixt 60 and 70 Get to it before the Conjunction otherways nothing To fight in the Chops of the Channel not to come so high as Beachy Portsmouth not mann'd above 500 One Gibson a Scotch Pedler Lands behind South-Sea Cattle Nothing but Pallisado's about Gossport Jennings or Strickland or Trevannion comes from St. Maloes in one Night most of the Gentlemen have done him most mischief the Tarpaulins his best Friends which despirited Danby desires to be
in the Monk keeps and fortifies Hull King not to be on Board the Fleet Foolish Letters from St. G's taken every day in the D. Post and read in Council about June England 67 great Ships Dutch 60 commanded 36 to us 24 to act by themselves Russel in the Britania Admiral Killegrew the Blue the Duke Ashby the Royal James Delaval the Soveraign Vice-Admiral Blue Carter the Vanguard Those who shall not oppose or resist him to be pardoned Not 21 days coming in or shall not help the P. of O. 600000 l. to the States of Holland No Taxes in his Time and the K. of Fr. will require nothing Chimney-Money to be taken away not excepting Outlaws Scotland let know whether the King will come or not soon and acquaint him with the weakness of the Pr. Councel 3 Dashes or the like of F. of That 's some kind Answer Mr. East Merchant of Bristol to be kept till called for William St from Amsterdam Alexander England George Scotland Dorset Cornwallis Mountague Stamford Shrewsbury Macclesfield Monmouth Devonshire In Feb. the K. come to Scotland endeavour to unite the Episc and Presbit Parties A less sum not interfere with the Fr. K. from Highlanders Campaigns land at Leith the Scotch Army not a French one 5000 good Suedish Foot the reputation of a Protestant Ally two Months to settle Scotland a Commission given to me from Mr. P. For Fl. hinder Eng. and D. from joyning two Vessels of 150 l. price for Pensilvania for 13 or 14 Months Ormond and Brandon disobliged about the Guards To have 1200 Seamen from Denmark and Holland To save Cambell To be left at the Ship in Sheets Westminster Flanders R Scotch Ships in New-Castle Harbour to plague London The Modest Enquiry the Bishops Answer Not the Chilling of them But satisfying of Friends To tell him that to Protect Friends and so soon as Forreigners are gone he will dismiss his The Woman that was with the K. in Ireland and sent Commission to Stafford and failing not to be sent again her Friends live in Covent Garden Private Letters not Protesting Lords against the Usurper Three of Five against the Vacancy of the Crown Beauford Newcastle Thanet Sawyer Lutwich Pemberton Levintz Winnington Mountague Shore London Clergy the worst we have their Wishes and they their Oaths K. Betrayed by J. Porter Seymour said it Lord Nottingham says there will be a Peace with Fr. and the K. left out Bring Forreigners to drive out Forreigners then dismiss them leave all to a Free Parliament No Justices of Peace c. actually in Commission to be Criminal L. C. J. Holt. Well Gentlemen have you any more Evidence Mr. Serj. Tremain My Lord we shall now prove these Papers to be my Lord Preston's own Hand Pray call Mr. Warr Mr. Townesend Sir Henry Johnson and Mr. Bland Mr. Townesend sworn Mr. Serj. Thompson Pray shew Mr. Townesend that Paper Which was done Pray Sir whose Hand-writing is that Mr. Townesend I believe this to be my Lord Preston's Hand I did not see him write it L. C. J. Pollexfen Are you well acquainted with my Lord Preston's hand Mr. Townesend I have seen his Lordship's Hand sometimes L. C. J. Pollexfen How often Mr. Townesend Not very often but I have seen it sometimes Mr. Serj. Thompson Pray were you a Clark in any Office Mr. Townesend Yes I am in the Office of the great Wardrobe where I have had occasion to see his Lordship's Hand sometimes and I believe this to be his Hand Mr. Serj. Thompson Look upon the t'other two Mr. Townesend I do believe these three Papers are my L. Preston's hand Mr. Serj. Tremain Those are the three Papers that have been read last which he says are my Lord's Hand Mr. Townesend I do believe it Sir Mr. Serj. Tremain Pray look upon that Paper with the little one within it Do you know whose Hand that is Mr. Townesend I did not see it written Sir Mr. S. Tremain Do you believe you know who writ it by the Hand Mr. Townesend The latter part looks like my Lord Preston's Hand but I cannot well say any thing to the other it is written so small Mr. Serj. Tremain Then swear Mr. Bland Which was done Mr. Serj. Thompson Give him the Papers We ask you Mr. Bland Whether you were well acquainted with my Lord Preston's Hand Mr. Bland I have seen my Lord's Hand sometimes Mr. Serj. Thompson Have you looked upon those Papers Sir Mr. Bland Yes I have Mr. Serj. Thompson Pray whos 's Hand are they Mr. Bland I do believe these three Papers are my L. Preston's Hand-writing Mr. Serj. Tremain Then we pray Mr. Warr may be sworn Which was done Mr. Serj. Tremain Do you know my Lord Preston's Hand Mr. Warr. I have seen my Lord Preston write but not very often most commonly it was only his Name but I have seen him write some Letters too Mr. Serj. Tremain Pray Sir look upon those Papers whose Hand are they do you believe Mr. Warr. This Paper seems to be like my Lord 's Preston's Hand the other I cannot say much of because that which I commonly saw him write was a large fair Hand and this is a little Hand Mr. Serj. Tremain Pray Mr. Warr look upon these Seals whose Seals were they Mr. Warr. I believe the Seals to be my Lord Preston's one of them was his Seal when Secretary of State Mr. Serj. Thompson You were under him in that Office were you not Mr. Warr. Yes my Lord I was Mr. S. Tremain Now my Lord we have done with our Evidence and shall rest here till we here what my Lord Preston says to it L. C. J. Holt. My Lord Preston you have heard what has been said concerning the matter you have been Indicted for What has your Lordship to say for yourself L. C. J. Pollexfen If the Gentlemen of the Jury desire to see the Seals they may have them The Seals were shewn to the Jury Mr. Sol. Gen. My Lord we have done for the present L. C. J. Holt. Then if your Lordship please you may make your Defence L. Preston My Lord in the first place I must refer myself again to my Indictment for I find my Lord that the Treasons of which I am accused were none of them done in the County of Middlesex and they are laid to be done within this County I find nothing of that kind proved upon me to be done here for any Memorandums that they say may be in that hand I hope the Gentlemen of the Jury will consider that there was nothing followed upon any of these things that may be found in those Papers And in the next place I desire to know whether they are sufficiently proved to be mine that is whether similitude of Hands is proof or not against me in such a case I humbly offer these things to your Lordship and hope your Lordship and the Jury will consider of it L. C. J. Holt. Is this your Lordship's Defence my Lord L.
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
he shall have rid the Nation of those Foreigners that had invaded us and trampled upon the Laws So that Gentlemen here is a Paper in this Pacquet that has plainly laid open and proved the Design and shews the meaning of it was to seduce their Majesties Subjects from their Allegiance it was to be in such general Terms making general Promises hoping thereby that People would be the more easily imposed upon to renounce their Allegiance to their present Majesties But Gentlemen the Declaration imports farther that the Realm was to be invaded by Foreigners and to palliate it it is pretended that Foreigners were only to be brought in to rid the Nation of Foreigners and you know who are meant by that So that this Project was only to colour a Foreign Invasion and this Declaration was to direct them how and upon what pretences they should Invade this Kingdom Gentlemen there is no manner of doubt but this is a Treasonable Declaration and if any Person had this in his Possession and was going into France to carry with an intention there to make use of it that is Treason though it be coucht under specious Pretences of restoring People to their Liberty It was plainly a Design to Invade England by a French Army L. Preston My Lord that Paper was not found about me L. C. J. Holt. No no my Lord it was not but good my Lord give me your favour I will certainly observe every thing that is sitting but I tell you I cannot do it all at once Then Gentlemen there is another Paper found in the Pacquet that is said to be the result of a Conference that was had between divers Lords and Gentlemen as well Tories as Whiggs as they call them to prove it possible to restore the late King by French Arms and how this may be effected were Proposals made Yet still it was pretended to preserve the Protestant Religion and the Civil Administration according to Law And that it might be brought to pass the Credulous were to be imposed upon and made to believe that the French King would not conquer England for himself no but he would conquer it for the late King he would be at that vast Charge that great Expence of Men and Arms to restore King James and make no Profit of it himself And it was proposed how to seduce the People of England into a belief of the French King kindness He was to indulge the English Protestants in France and let them have the exercise of their own Religion there at their own Charges and this to satisfy the English Protestants that his Persecution of the Hugonots in France was not out of aversion to the Protestant Religion but only because of their Antimonarchical and Resisting Principles So that they were proposing among themselves what they were to do to make the People believe the French King had no dangerous Design against our Religion and Liberties and if they could meet with Persons to believe this that was a probable way thought upon in this Conference to get a great many Adherents to the French King thereby his Invasion to be facilitated and the whole Project rendred more successful There is another thing Gentlemen in this Paper and that is this they complained of the mismannagement of their Affairs at St. Germains that though they did earnestly desire the restitution of the late King yet there was always some Foolish thing or other that came from St. Germains that obstructed their Design What that Foolish thing is I can't say it does not appear but whether it were not too great a Discovery of their Zeal for Popery and the advancement of the Popish Religion is worth your consideration And something is to be done for satisfaction of the People as to that and it is advised that there should be Seven or Nine or such a Number of English Men that should go over and be received into favour at St. Germains and they should be of the Councel there and these were to be Protestants and that was to be a colour and pretence that the late King was reconciled to the Protestant Interest because he chose Protestant Counsellors and had received them at St. Germans and was advised by them This says the Paper will make the World believe he is ours and that we have gained him which was to delude a great many of the People of England that they should not be affrighted in case there should be such an Invasion of England but invited rather and encouraged to joyn with the French when they came But Gentlemen the Three last Papers that have been produced to you are Papers that do somewhat more nearly concern my Lord Preston The First Paper contains several Memorandums It begins with Lady D. 2000 l. who that Lady D. is I must leave it to you to imagine tho' perhaps it may not be hard to guess It takes notice that the English and Dutch were like to joyn and these Memorandums do also shew a design and purpose of something to be done for the prevention of that Conjunction They seem also to be Instructions to be made use of upon going into France to negotiate or transport some matters of dangerous consequence L. Preston My Lord I hope that your Lordship will observe that these Memorandums are broken kind of Notes incongruous and incoherent L. C. J. Holt. Ay my Lord they are so they are but broken things but I say still they are Memorandums that were to be used for some purpose Now I leave it to the Jury to consider of the matter of them What can be plainer than what is there expressed The French are to come in time before the Dutch and the English joyn they are to watch their opportunity and come betimes and they are to fight at the Chops of the Channel and not to come so far as Beachy L. Preston This is all but presumptive Evidence my Lord. L. C. J. Holt. I appeal to your Lordship if it was not in the Paper and I appeal to the memory of the Jury whether I misrepeat it or not The Paper mentions Gennings and Strickland and Trevannion that they were to come from St. Mallo's in one Night the King meaning the late King was not to be on Board and there were Ships to lye at Newcastle to plague London It is easy to understand what they meant Among these Memorandums it is made as a remark that the London Clergy are the worst It gives an account how Portsmouth was fortified and Gosport and what number of Men were in them and of the state and condition of our Navy what rates our Ships were and how many and who were to be the Commanders L. Preston I beg your Lordship to observe this is not Treason L. C. J. Holt. I shall tell you that my Lord by and by I am now stating the Evidence Gentlemen my Lord Preston insists upon it that these Papers were not found about him It is true they were
opening to my Lord President My Lord President says he lockt them up unopened in a close Cabinet in his Closet-room where no body comes there they were that Night and the next Day he carried them intire to the King and some of them were read by the King in the Presence of my Lord President and they were all taken away again by his Lordship no more nor no less and my Lord President brought them all to the Cabinet-Council where they were read and were delivered to my Lord Sidney My Lord Sydney swears these Papers now produced are the same Papers he had from my Lord President and my Lord President swears that they are the same he received by Billop from my Lord Nottingham and my Lord Sydney markt them So that there can remain no doubt of these being the same Papers that were contained in the Pacquet that was taken out of the Bosom of Mr. Ashton Then as to the Matter of the Papers I think it is plain beyond all contradiction that the Import of them is Treasonable They shew a Design of invading the Kingdom by a Foreign Force and of Deposing the King and Queen from the Government and of setting the late King upon the Throne It is agreed as it is mentioned at a Conference between several Noblemen and Gentlemen that were of the Whigg and Tory Party as they call them that the late King was to be restored though by a French Power It was impossible for them to effect it by going plainly to work and saying in plain Words the French should invade us It was to be done in this manner The French King must pretend by all means to be our Friend and a Mediator betwixt the late King and the People of England and this was out of design plainly to get a Party of the Kingdom to joyn with them the most credulous and inconsiderate sort of People who when they should be seduced into a Belief of the French King 's great Kindness It was not doubted but there would be a Conjunction between them and the French Forces to restore the late King And to procure such a Perswasion in the People the French King was to shew himself kind to the English Protestants to appear and act another part than he had formerly done he was to permit them the Exercise of the Protestant Religion thereby to perswade many that his Persecution of his own Subjects the Hugonots was not out of any Aversion to the Protestant Religion but only to their Antimonarchical and Resisting Principles Then an Inconvenience is to be removed for they complain that they are too full of Bigottry at St. Germains and too bare-faced For they make an open Profession of Popery and speak truly what they do intend but say they if they will have the Design take effect they must be more Close and Secret For the Folly and Bigottry at St. Germains was a very great Obstruction Therefore they proposed that some Persons might be substituted as Agents to Correspond here that understood the Temper of the Nation and what would easiliest prevail with the People And a Model was to be framed at St. Germains the Protestants are to be seemingly caressed Seven or Nine to be of the late King's Councel that so we might believe that he was ours in Interest again and that we have a Relation to him And if things were carried with such cunning and subtilty they hoped to delude a great many People over into the Interest of the late King but if they went bare-faced it would cause such great Jealousies that they must totally despair of Success Yet they did not hope by these Artifices to obtain so many Friends here as might have been sufficient to accomplish their Design but they must have recourse to a forreign Force particularly a French Force For says one of the Papers Vse Foreigners to expel Foreigners that is Use French Foreigners to expel Dutch Foreigners who are our Allyes and are falsly accused by them to have trampled upon the Rights and Liberties of the Nation There is one Argument used to encourage People to assist the French in the Invasion of their own Country which I cannot omit namely That as soon as the French with a considerable Expence of Men and Mony had restored the Protestant Religion the late King to the Crown and the People to their Liberties then he would withdraw all his Forces and reap no Profit or Advantage by his Success I must confess this carries so little of Persuasion in it that it is ridiculous to think thereby to impose upon any number of Men. But notwithstanding the weakness of their Arguments it is apparent they were in good earnest the Papers give an account to the French in what state and condition our Forts were Portsmouth not man'd with above 500. and Gosport how weakly fortifyed It was a happy juncture between this and the first of March when Advice is given to make use of the Opportunity For Men cannot give but Men may use Opportunities and something was to be done forthwith and the Goods must be got in readiness particularly the Linnen and the Copper are mentioned which are mysterious and dark Expressions and you may put a Construction upon them as well as I for they are written in a style of Trade as if there were a Correspondence between two Tradesmen and the Linnen and the Copper are ordered to be brought before the 10th of March But however obscure some of these Expressions are there are others that are more plain That the French Fleet must be out in April at farthest and are to come before the Conjunction between the English and the Dutch and Jennings Strickland or Trevannian are to come from St. Mallo's in one Night and to fight the English Fleet in the Chops of the Channel and not to come so high as Beathy where they came the last Year And there is an account given in what condition and state our Navy was how many Ships what Rates how Man'd and who the Officers and then as the French were to be in readiness to come in April so they say our Fleet was not to be out till June Gentlemen There are a great many other Particulars but these are enough nay half of them were enough to make any Man guilty of Treason that was concerned in them or that had a hand in carrying or making use of them Besides there are other Letters which can import nothing but the Writer was of the late King's Interest one directed to Mr. Redding the other to Mrs. Redding and these were to go to France to let them know how zealous he was in his Duty and how the interest of the young Master increased The Letters have these Expressions That though the Family were decreased yet our Interest is increased which is yours and I speak in the Plural Number because I speak the Sentiments of my elder Brother and the rest of our Relations and desire them to
ope iisdem restituti fuerimus Hoc non ita difficilè videtur modo subsidio aliquo juvemur adeò aegre ferunt grave usurpationis jugum nostri reditûs tam sparsum est desiderium Juvabit Pax Catholicos inter Principes inita aut si pacem temporis angustiae vetent Induciae quae etiam finem imponent Tragoediae in Germania inchoatae ubi Heretici in ipsis Ecclesiae visceribus haerent eaque rodunt Nihil opus verbis ubi res ipsae tam clarè loquuntur opem implorant Apostolicus S. V. zelus aliquam providebit malis parem à fiduciâ pleni Deum veneramur Beatitudini vestrae longum prosperum regimen largiatur atque pedibus ejus advoluti omni cum debito sanctitatis vestrae filiali amore atque observantiâ Apostolicam Benedictionem postulamus Datum Dublinii 26 Novemb. 1689. Dublin 26 Novemb. 1689. Translation of a Latin LETTER whereof the Copy is annexed which was then writ by King James to the Pope as 't is extracted out of the Register taken at Dublin with a Marginal Note That it was all writ with His own Hand Most Holy Father WE did by the Earl of Melfort Our Principal Secretary of State signifie to Your Holiness the Joy We had in Your Promotion to the Sacred Chair And those Letters which Your Holiness did with Your own Hand write Us were such Testimonies of Fatherly Love and of Your Tender Compassion for what We suffer that they have lessened the sense of Our Calamity and have proved of real Consolation to Us. The only source of all these Rebellions against Us is That We embraced the Catholick Faith and do not disown but that to spread the same not only in Our Three Kingdoms but over all the dispersed Colonies of Our Subjects in America was Our determination To manifest this there will need no other proof than to see how lately We have proceeded in this Kingdom for as We have frequently beaten the Rebels in small Parties which might have been one complete Victory if they had not obstinately declined to give Us Battel so We have still turn'd all to the advantage of Religion and hope very soon to see it here firmly established Nor will it look hard if but aided by some Subsidies to compass the same in Our other Dominions as soon as by God's favour We shall be restored seeing Our People do so ill bear the Usurper's Yoke and so universally long for our Return It would promote this Work if a general Peace were settled among the Catholick Princes or a Truce at least in case the time be too short for the other for this would put an end to those Calamities begun in Germany and where the Hereticks lie now gnawing in the very Bowels of the Church But what need We speak on this Subject where the things themselves are so loud and implore Your Aid The Apostolick Zeal of Your Holiness must find out Remedies fit for these Evils and in full confidence hereof We beseech God to give Your Holiness a long and happy Reign And We being with all Love and filial Observance prostrate at Your Feet do beg Your Apostolical Benediction Given at Our Castle of Dublin this 26th of November 1689. May it please your Majesty SInce the last Post not having had any new occasion of demanding Audience of the Pope I went to the Cardinal Ottoboni whom after four or five disappointments I at last found and informed him of the matter and begged his assistance with the Pope for all those Reasons which your Majesty has already seen and what else I could invent The Cardinal seemed much more willing to enter into the Matter than formerly was very glad at the News told me that he had seen Your Majesties Letter to the Pope all of your own hand That it was all their concerns that he was but the Pope's Minister and so could answer for nothing but informing him Right and that he promised to me he would do with as much affection to your Majesties Interest as I could do if I were there He complained in confidence to me that the Pope had some about him who were not so affectionate and that so he often left him well inclined and found him changed at next meeting but that in this he would do all that was in his Power He said he doubted not that I was informed of the Emperor's proceedings how angry he was at the Pope c. I told him That for those about the Pope if any of them contradicted his inclinations I humbly conceived it to be his fault who having the double Authority of Minister and Nephew might easily make the Palace too hot for any who would oppose him especially in things so just and indeed so necessary for his Interest That I was indeed informed of the Emperor's Hâ—ffing but withal knew how little that would signify if he took the right way which was to assist the King to his Throne who would be in a condition to bring Europe to Peace on just terms and not only to assist the Pope but to profit his Eminence and all his Family That I knew what a King of England could do and what the Generosity of this King would do to such as obliged him as his Eminence might do in this Conjuncture That the Emperor was lost however to them and that made it the more necessary to hold in with same so as to have a Friend in time of need That if this was true I informed him of the nearest way to put himself above what the House of Austria could do was to push on the Wheel that went easiliest and then the King on his Throne that Family would not talk so high I had all the satisfaction in words I could desire but in effect I believe nothing will be done till the news of the Rising come and then I am very confident something will be done so I pray God we may have the news of it speedily And if it be not dispatched hither before this come to your Majesties hands I would humbly beseech your Majesty to get the M. C. King to send an Express with it hither that we may make the greater impression with it in the mean time I shall after the Post comes endeavour another Audience that I may still be keeping them in mind of what it 's so much their duty to do however I am sorry that on this important occasion I should be so little useful to so good a Master but it is God's will and I must submit to it I am told how true I know not that in Ireland they begin to be sorry for their injustice to me pray God it be true and that my Example may hinder them from falling in the like with Mr. De Lauzune who will certainly carry higher than I did with them and therefore I have some Reasons to fear from the Humours he has to do with I have written to all my Friends to do their best to keep peace and that all may prefer the King's Service to their own private Interest which I hope in God they will do and that all shall go well I am sorry to hear that there was not preparation made for the reception of the French the King could do no more but send a Lieutenant-General E. Dover to take Order but alas the negligence of the Servant makes the Master suffer and it will never be well till these 〈◊〉 be punished as they deserve as I doubt not this has been if the Story be true that the fault was so great and the worse the matter is represented in France the more the King's Honour is concerned not to suffer it to pass unpunished one Example or two is necessary for the recovering of the Kingdoms for there is not one thing I stand so much in fear of as negligence in executing the King's Orders Forgive me Madam for medling in this matter but I 'll swear I cannot help it I must be concerned when I hear of any thing by which the King is prejudiced either in his Reputation or Service I humbly Pray That Almighty God may send his best Blessings upon the King your Majesty and the Prince and that you may happy together for many years in your own England and that all 〈◊〉 Subjects may rejoyce at it as heartily as I who am May it please your Majesty Your Majesties most Humble most Faithful and most Obedient Subject and Servant MELFORT Rome May 2. 1690. Lady Melfort has her most Humble Duty presented to your Majesty for which presumption she begs Most Humble Pardon FINIS