the Bundle of Papers with the Lead fix'd to it When they were put on Board the Captain 's Pinnace they all pressed him much that he would let them go on shore at Gravesend pretending want of Refreshment they not having eaten and the Night having been cold but he did not think that proper nor safe but told them they should go on Board the George Frigat and refresh themselves there When they came on Board the George Frigat all the three Gentlemen and my Lord Preston in particular were very earnest with Captain Billop to dispose of the Bundle of Papers mixing extraordinary Promises with great Complements Not prevailing there when they were return'd to the Pinnace they renew'd their Sollicitations and one of them told him it would be easie to remove all Suspicion by fixing the Lead to some other Papers of little significations which were found in my Lord Preston's Pocket which he might produce and they would without difficulty pass for the Papers that were taken But the Captain was too Just to comply with this Proposal When they found he was not to be moved you will find from the Witnesses that their Promises were turned into Threats and they used another sort of Language When they were brought to Whitehall Stairs upon their Landing they gave Money to the Master and the Seamen desiring them to say they were hired to go for Flanders and not for France Gentlemen these things which I have opened carry a strong Presumption of Guilt for Englishmen especially one of that Quality of my Lord Preston to go into the Country of an Enemy without any manner of Passport and in such a manner as they could not expect but to be seized for Spies unless they were assured that their Character was so well known there that they should be look'd upon not as Persons coming to get Intelligence but to give it unless they were well assured of a good Reception when they came there But there is no occasion to leave any thing to Conjecture in this Case what is contained in these Papers makes the Design of the Voyage beyond dispute I think Gentlemen after you have heard the Evidence you will be very well satisfied that my Lord Preston and the other two who stand Indicted were equally concerned in the Papers they were all alike earnest to preserve them from being seen they all sollicited for the disposing of them and promised Rewards if they might prevail Gentlemen these Papers are of various Natures One I mentioned before is Entituled The Result of a Conference between several Lords and Gentlemen both Tories and Whigs in which it was undertaken to prove the Possibility and Methods of Restoring King James by a French Power without endangering the Protestant Religion and the Civil Administration according to the Laws of this Kingdom Another contains Heads for a Declaration to be prepared in order to be published when the French have had Success at Sea and are Landing and that is filled with such Pretences as they thought most Specious and most likely to amuse and delude the People There is another sort of these Papers which consists of Letters These Letters are directed in False Names and are not subscribed and it is not to be imagin'd it should be otherwise Yet Gentlemen though that is not the present Business the Hands of the Writers of these Letters are very well known and the Subject Matter of them will easily reveal to you for whom they were intended for though these Letters are most of them Written under divers Cants some under the Colour of Trade some of them under the Colour of a Law-Suit for the Redeeming of a Mortgage others under the Notion of a Match and a Settlement to be made upon that Match yet the real Business is so plain that you need but hear them read to see through the Disguise Though they begin generally in the Style of Merchants Writing to one another or the like yet towards the end of the Letters you will observe Expressions of Duty and Reverence terms which do not usually pass in a Correspondence between Persons of that sort sufficient to shew that somewhat else was intended to be covered in what went before Gentlemen It will appear to you that some of the Writers of these Letters were of the Number of those who were secured the last Summer when the French Fleet was upon our Coasts and you will observe they complain that by reason of that Restraint the Design was very much hindred though they have endeavoured to redeem that loss of time since their Discharge and have carried on the Business with more vigor than ever In short The design of these Letters is to importune the setting out of the French Fleet with all possible Expedition They say they must not suffer such a fit Season to be spent unprofitably That the best time is between this and the first of March to come to a good Market and if they come not before the 10th of March all will be lost In another of their Letters they say If the Suit be well sollicited and managed it may come to a final hearing before the end of Easter Term. They complain that there are several indiscreet Letters came from St. Germains that turn to the prejudice of the Design Those Letters are not enough disguis'd to deceive the People here but speak too plainly what is to be expected from themselves and from the French You will take notice that the Letters which you will hear are all Bills with high Characters of the Bearer for which reason they write in such general Terms because the Bearer was intrusted with the whole Some of the Letters say no Particulars are or need be expressed because he will inform them of every thing Others That they could not write so much as he could say and that nothing was wanting but to allow him a full and a fit Season to give an Account of all the Business and that they intirely depend upon his Account of them and their Condition And Gentlemen in one of the Letters the Bearer is styled a Lord and to whom can that be applied unless to the Prisoner at the Bar. In another Letter when they speak of sending the Copper and the Linen the Goods pretended for carrying on the Trade it is added And what the meaning of that is they must refer to the Bearer who was able to give them a particular Account I have mentioned so much of the Papers only that you might have a general Notion of them that so when you hear them read you may more readily make your Observations I assure you I have been as careful as I could not to exceed the Truth in opening any part of the Evidence But it is your part to see whether what I have opened be made out in Proof There is another Paper that gives an Account of their Majesties Fleet to be sent out this Summer and there is an Observation at the end of it
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
the first Twelve Men that appear be they who they will L. C. J. H. What you please for that matter you have your own choice Mr. Asht Whoever they are I submit to them I know them not Cl. of Arr. Swear Sir William Hedges Which was done And so were the Eleven next succeeding in the Pannel and the Names of the Twelve Sworn follow Jur. Sir William Hedges Knight John Wolstenholm Esq James Boddington Esq Thomas Johnson Esq Ralph Bucknall Esq Lucy Knightley Esq Thomas Cuthbert Esq John Herbert Esq John Tully Esq Thomas Smith Esq William Withers Esq and Daniel Thomas Esq Then the Jury were Numbered and Proclamation made for Information and Evidence in the usual manner Mr. Asht Gentlemen of the Jury if your desire Pen Ink and Paper I hope the Court will take care to provide them for you L. C. Just Holt. Ay ay let the Gentlemen of the Jury have Pen Ink and Paper Which was done Which he did Cl. of Arr. John Ashton hold up thy Hand Gentlemen you that are sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of John Ashton late of the Parish of St. Pauls Covent-Garden in the County of Middlesex Gent. For that he together with Sir Richard Grahme late of the Parish of St. Anne in the Liberty of Westminster Barronet who stands Convicted of High Treason and Edmund Ellyot late the Parish of St. James in the said Liberty Gent. For that they as false Traytors c. Prout in the Indictment mutatis mutandis and against the Form of the Statute in that Case made and provided Upon this Indictment he has been Arraigned and thereunto hath Pleaded Not Guilty and for his Tryal hath put himself upon God and the Country which Country you are your Charge is to enquire whether he be Guilty of the Felony and High Treason whereof he stands Indicted or not Guilty If you find him Guilty you are to enquire what Goods or Chattels Lands or Tenements he had at the time of the Felony and High Treason Committed or at any time since If you find him Not Guilty you are to enquire whether he fled for it If you you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Knap May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High Treason against John Ashton the Prisoner at the Bar and the Indictment Gentlemen Charges him That he as a false Traytor against their present Majesties King William and Queen Mary his Supreme and Natural Lord and Lady not weighing the Duty of his Allegiance did upon the Twenty Ninth of December last past together with Sir Richard Grahme who stands Convicted and one Edmund Ellyot and divers others ill disposed Persons unknown to the Jury did Conspire Imagine and Intend to depose and deprive the King and Queen and to bring them to Death and Destruction and to subvert and alter the Government and to cause War and Rebellion within this Kingdom against their Majesties and to bring these Intentions and Purposes to pass the Prisoner with the rest of them did prepare diver Notes Papers Letters and Memorandums in Writing which were to instruct the French King and other Enemies of the King and Queen of the number of their Majesties Men of War how they were Mann'd and the Names of the Commanders of several of them and to inform them how the Castles and Forts of Portsmouth Southsea and Gosport were fortified and how they might be surprised by the King's Enemies and of the Times Wayes and Means how they might invade the Kingdom in order to depose the King and Queen and to Procure and Incite such an Invasion and further to bring these Purposes to pass the Prisoner and the other Traytors did secretly conceal and detain in their custody several Bills of Exchange for the payment of Money to the King's Enemies and the several Letters Notes and Memorandums before mentioned which were for the purposes I before opened to you and further to bring these Purposes and Treasonable Intentions to pass they did for one Hundred Pound hire and prepare a Ship which was to carry them secretly out of this Kingdom into France with an intent there to deliver these Instructions and Memorandums and Bills of Exchange into the Hands of their Majesties Enemies and did hire a Boat to carry them to the Ship and did enter into it at St. Clements Danes within your County and rowed to the Ship and went on Board the Ship and there with the Bills of Exchange Notes and Memorandums they set sail to go to France in order to deliver them to the French King and other Enemies of the King and Queen and the Indictment does further set forth that there hath and still is a War between the French King and our King and Queen and that he and his Subjects are Enemies to the King and Queen and their Subjects and that during this War the Prisoner together with the rest that were before named were adhering to the King and Queen's Enemies in this War and in pursuance thereof did prepare such Letters and Instructions before opened and had and concealed in their custody and hired a Ship and a Boat and went into the Ship and set sail in order to go for France to aid and assist the King's Enemies there with Money Intelligence and Counsel and this is â—aid to be against the Duty of his Allegiance against the Peace of the King and Queen their Crown and Dignity and against the form of the Statute in that case made and provided To this he hath pleaded Not Guilty if we prove him Guilty you are to find him Guilty Mr. Serj. Thomps May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar stands Indicted of a very heinous Offence no less than High-Treason the greatest Offence that can be committed against any Humane Law You have heard the Particulars in the Indictment read I will not trouble you with any Repetition but go to open the Evidence according to the Steps that are obvious in the case You have heard in general the Design was to depose this King and Queen which the Law expounds to be to bring them to Death and Destruction You have heard it was to alter the Government and cause a Rebellion in the Kingdom and to bring in Foreign Power and these are laid to be the Heads of the Offences that the Prisoner stands charged with Gentlemen the first step that was made in this matter was by the Prisoner at the Bar for there was one Mr. Burdett which it seems had been one of his Acquaintance and had undertaken to bring him acquainted with a Person that could furnish him with a Ship and in order to
delivered to him were sent back by him sealed and delivered to my Ld President my Ld President brought them all to the Cabinet-Council and delivered them to my Ld Sidney and this my Ld Sidney says is one of those Papers Ld Preston My Lord I have a very great Honour for that Noble Lord and I am sure if he had not been upon his Oath he would have said that which was truth but in this condition that I am in I must crave leave to observe every thing I can for my self and I cannot but say these Papers are very oddly managed and delivered up and down from one hand to another I desire your Lordship would please to observe that these Papers are here brought after a very odd manner Mr. S. Thompson My Ld Preston you are not to sum up the Evidence to the Jury till we have done nor to make your Observations Ld C. J. Holt. Brother my Lord opposes the reading of the Paper as not well proved Ld Preston I do so my Lord and I hope your Lordship will advise me whether you do think it a sufficient Evidence and Proof of these Papers they are Papers that have been copied out and sent unsealed from hand to hand by some Mestengers from one to another and which now appear to be unsealed and some of which he that took them cannot swear to Jury-man My Lord we cannot hear one word that is said Ld Preston That is my misfortune but I am urging to my Lords the Judges whether this Paper ought to be read and I desire your Lordship to advise me whether it can be admitted as Evidence being thus oddly proved Ld C. J. Holt. It is Evidence surely my Lord but the Question is What Credit the Jury will give to this Evidence the Jury are Judges of that but certainly it is Evidence to have the Paper read Ld Preston I doubt not but your Lordship will do me Justice and I readily acquiesce in what your Lordships do appoint Ld C. J. Pollexfen Pray my Lord see how the Evidence stands about this matter first it is sworn by Billop that he took a Bundle of Papers tho 't is true the Particulars he does not undertake to swear to Well what is next why says he all that was in that Bundle I carried to my Ld Nottingham and I received from my Ld Nottingham all that I carried to him What says my my Ld Nottingham he swears I delivered back again to Capt. Billop the same Papers he delivered to me and all and no more sealed up with my Seal When he has it sealed up what does he do with it why he carries it to my Ld President Is there any possibility of creeping out of this Evidence Well he delivers them to my Ld Sidney and my Ld Sidney says this is one of those Papers Can there be a plainer Evidence than this when he says all he had he carried to my Ld Nottingham and my Ld Nottingham swears all he did receive he sent back sealed by him to my Ld President and my Ld President swears all he received so sealed he gave to my Ld Sidney and my Ld Sidney swears this is one of those Papers Ld Preston But your Lordship will please to observe they were carried to the King and they were in the hands of my Ld Marlborough L. C. J. Holt. No my Lord not out of the sight of my Lord President My Lord President says my Lord Marlborough marked some of them but they were delivered to my Lord Sydney and my Lord Sydney does say they are the same Papers that he had from my Lord President and my Lord President says they are the same that were brought him by Captain Billop from my Lord Nottingham and my Lord Nottingham swears he sealed them the same Papers all and no more than he received from Captain Billop L. C. Baron Your Lordship should observe where the defect of the Proof is and then it may be supplyed for truly put it altogether I cannot see how there could be a plainer Proof given Lord Preston My Lord I desire to be heard as to this my Lord President was pleased to say that some of them were delivered to the King L. C. J. Holt. No they were shewn to the King but my Lord President was by all the while the King did read them Lord Preston My Lord where a Mans Life lyes at stake and all that is dear to him your Lordship will certainly allow him to make what observations he can for himself L. C. J. Holt. Ay in Gods Name by all means You shall have all the Liberty you can desire Mr. Soll. Gen. My Lord we desire my Lord President will be pleased to look upon those Papers Which was done Lord President This is one of the Papers that I received from Captain Billop and which I shewed to the King and which I brought to the Cabinet Council and this is another of the Papers Lord Preston Pray my Lord was your Lordship by when His Majesty read those Letters Lord President Yes my Lord I was Lord Preston My Lord I ask it for this end to know whether they were out of your Lordships sight Lord President No never I was in the Kings Cabinet His Majesty read some of them and then put them up again and gave them me and I delivered them at the Cabinet Council to my Lord Sydney Mr. Soll. Gen. My Lord we desire this Paper may be read L. C. J. Holt. Read it Clerk of the Peace Reads The result of a Conference between some Lords and Gentlemen both Tories and Whigs in which it was undertaken to prove the possibility and method of restoring by a Fr. Power without endangering the Protestant Religion and Civil Administration according to the Laws of this Kingdom 1. F. Must either Oblige or Conquer us If the last he will find few helps here but a bloodyer resistance then ever the Romans Saxons or Normans found It being incredible how unanimous and obstinate that very thought renders the People so that it may make us a heap of ruin but no Nation that can ever help or import any thing to F. 2. If K. L. desires to oblige Vs and make the Work easie that he may be at leisure to ply the Empire or Italy or to have an advantagious Peace he must take off the frightful Character we have of him and shew us he has no such design as returning our Offended K. a Conqueror upon us but that he can and will be our Friend and Mediator upon which terms he will find that many Lords and Gentlemen will speedily shew themselves to his Satisfaction especially if he makes haste and looses no approaching Opportunity 3. If he incline to this sort of Sense he must over-rule the Bigotry of St. G. and dispose their Minds to think of those Methods that are more likely to gain the Nation for there is one silly thing or other daily done there that comes to our notice here
Preston My Lord I leave these things to the consideration of the Court and the Jury L. C. J. Holt. Your Lordship insists upon it first that there is no act of Treason proved in the County of Middlesex and then whether similitude of Hands be a good proof to prove these three Papers or any of them to be your hand L. Preston No body saying they see me write them if I did write them L. C. J. Pollexfen My Lord have you no Witnesses nor nothing that you would use of Evidence for yourself L. C. J. Holt. Would your Lordship disprove any thing of the matter that has been proved against you Lord Preston I must deny the whole Fact but I have no Witnesses or Evidence to offer you L. C. J. Holt. Then your Lordship has no more to say Lord Preston I have not I must leave it so with your Lordship and the Gentlemen of the Jury Mr. Sol. Gen. We shall offer nothing farther but leave it wholly to your Lordship L. C. J. Holt. Your Lordship has done then Lord Preston Your Lordship observes none of the Witnesses have declared that I was going into France nor knew any thing of it I did not hire the Ship nor any thing of that kind tho' I suppose if they had it is not Treason but your Lordship observes there is no such thing has been sworn L. C. J. Holt. My Lord as to the first matter that your Lordship makes a Question upon Whether there be any act of Treason proved in Middlesex that does depend upon the Proof of your Lordship's being concerned in the Papers for if your Lordship had an intention in carrying these Papers into France which speaks a design to Invade this Realm your Lordship took Boat in Middlesex at Surrey-Stairs in prosecution of that intention there is an Overt-act in this County of Middlesex Lord Preston Your Lordship and the Gentlemen of the Jurie observe these Papers were not found upon me L. C. J. Holt. No my Lord but if it be proved that your Lordship had an intention to carry these Papers into France and took Boat in order to go with them into France in the County of Middlesex where-ever your Lordship acted in order to that design that is Treason and there you are guilty It is a Treason complicated of several Facts done in several places Lord Preston My Lord I humbly desire to know whether they have been proved to be my Parpers L. C. J. Holt. That is a Question that must be left to the Jurie upon the Evidence L. Prest No body swears they are mine nor were they found upon me L. C. J. Holt. But what I am speaking to your Lordship is in answer to your Question about the place for you say that there is nothing proved done in the County of Middlesex now the question is whether your Lordship had a design to go to France with these Papers if you had and if your Lordship did go on Ship-board in order to it your taking Boat in Middlesex in order to go on Ship-board is a Fact done in the County of Middlesex L. Prest It is not proved by any Witnesses that I designed to go into France L. C. J. Holt. That is before the Jury upon the Evidence L. Prest I hope your Lordship and the Jury will observe 't is not proved and in the next place there are no Papers taken upon me with humble submission there is no proof of any such thing L. C. J. Holt. Well how far your Lordship was concerned in these Papers and whether you were going with them into France is to be left upon the Evidence that hath been heard to the consideration of the Jury L. Preston But I humbly submit that L. C. J. Holt. Have you any more to say L. Preston As to what I offer that nothing has been proved in Middlesex I hope your Lordship will take it to be a Point of Law and then it ought to be argued and I desire I may have Councel L. C. J. Holt. No 't is a Matter of Fact only but if you please the rest of my Lords the Judges may give you their Opinion for this is a Question upon a supposition that your Lordship was guilty of a Design of going into France and this with a purpose to depose the King and alter the Government then the Question is upon such a Supposition that you were guilty of that Design whether you were guilty in Middlesex or no. L. Preston My Lord they have not proved that design L. C. J. Holt. We do not say it is taken for granted now but 't is a Question upon a Supposition Now my Lord I 'll tell your Lordship in short my Opinion the rest of the Judges will tell you theirs I am of Opinion if your Lordship had such a Design to go with these Papers into France and these Papers were formed by you or you were privy to the Contents of them then it is plainly proved that you went into a Boat in the County of Middlesex in order to carry on this Design and that will make it a good Indictment and here is a plain Overt-act of High-Treason in Middlesex L. C. J. Pollexfen I am of the same Opinion for your Fact as to this particular Point in Law stands thus You are Indicted of High-Treason in two Points one is For Conspiring to Depose the King and Queen and alter the Government and the other is For Aiding and Assisting the French King and his Subjects declared Enemies and in open War against the King and Queen and to invite the Enemies of the Kingdom to invade the Kingdom Now this Design and this Help and Assistance are written in these Papers for they are Instructions for the carrying on of this Design You my Lord are the Person that is charged to go with these Papers to help on this Design you began your Journey in the County of Middlesex for according to the Evidence you took Water at Surrey-stairs which is in the County of Middlesex and every step you made in pursuance of this Journey is Treason where-ever it was So then here is a sufficient proof of a Fact in Middlesex L. Preston That my Lord is a Point of Law and I humbly desire your Lordship that I may have Councel in this Case It is not proved by any Body that I said I would go into France and in the next place it is not proved that I had these Papers about me there has been no Evidence given that I did take Water with an intention to go with these Papers into France L. C. J. Holt. The Jury are to be Judges of that L. Prest Then my Lord what have I done I have not done an thing within the danger of any Statute upon which I am Indicted besides my Lord what I have to offer further is this I think I ought to have two credible Witnesses to prove every Fact and I hope the Gentlemen of the Jury will consider there
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
there is a particular Reason why you should not desire to have the Copy read because least it should prove to be your own Hand writing Mr. Ashton Pray let both be read Cl. of Peace reads The result of a Conference Mr. S. Trem. Pray attend for this is the Scheme of the whole Work Cl. of Peace reads The result of a Conference c. And the other was likewise read as before L. C. J. Pollex Pray let Mr. Ashton see that Paper The Paper was handed to Mr. Ashton being one of the Papers before read L. C. J. Pollex Mr. Ashton look upon that same Paper a little satisfy your own Mind a little whose Hand that Paper is in Look upon it well I would have you be satisfied about it Look particularly upon the latter part of it Mr. Ashton My Lord I have lookt upon it I have seen it all L. C. J. Pollex Come then give it me back again and think of it a little in your own Heart Mr. Soll. Gen. My Lord Sydney pray will your Lordship look upon this Paper L. Syd This is one of the Papers that was among the rest delivered by my Lord President at the Cabinet Mr. Soll. Gen. Pray shew it my Lord President What says your Lordship to it L. Pres This was one of the Papers I gave my Lord Sydney and was brought me in the Pacquet by Capt. Billop Cl. of Peace reads That the King would return with a Design of making an entire Conquest of his People Mr. S. Thomps Pray my Lord give me leave before it be read to acquaint the Jury what this is that they may make the better Observations upon it This Gentlemen is the Heads of a Declaration that was intended to be Published when the French came and you will see what it is when it is read Pray observe it Cl. of Peace reads That the King will return c. As before Mr. S. Trem. The next Paper is an Account which they had taken with them of the Force of the Kingdom of the Ships particularly how many in Number what Rates what were in Repair what out of Repair and what a Building Pray shew it my Lord Sydney L. Syd This is another of the Papers that I received from my Lord President and Markt at the Cabinet Mr. S. Thomps Then shew it my Lord President L. Pres This is one of the Papers that were in the Pacquet that Capt. Billop brought me Cl. of Peace reads Mr. Soll. Gen. Pray my Lord Sydney look upon these Papers and tell where your Lordship had them The Papers was shewn both to the Lord President and the Lord Sydney L. C. J. Holt. My Lord President says he received them from Capt. Billop and gave them to my Lord Sydney and my Lord Sydney says they are the same he received from my Lord President Jury-man Are those the Papers that have been read my Lord Mr. J. Eyres No but they both say the same as to those that have been read Jury-man They pray my Lord What are those Papers that are going to be read Mr. S. Trem. These are Two Letters Gentlemen that are written giving an account how the Affairs in England stood with reference to the Persons Concerns that they are written to and there is a particular Passage in one of them How their young Master prevailed in its Interest and got ground of his Adversaries If you observe them you will easily understand what is meant by them Cl. of Peace reads This is directed for Mr. Redding New-years Eve Though the Bearer of this c. As before Cl. of Peace reads This is directed for Mrs. Redding As it is impossible for me to express c. As before Mr. Soll. Gen. Now we desire my Lord Sydney and my Lord President would look upon these Papers Jury-man My Lord I desire the former part of that last Letter may be read again Which was done L. Syd These I had from my Lord President L. Pres And I had them out of the Pacquet that Capt. Billop brought me Mr. S. Trem. If your Lordship please I will open them to the Jury Here are Two Letters in one of them there is an Account given that they were heartily sorry they were disappointed and that they had not been here already but hoped they will be here as fast as they can that the Match was concluded the Settlement prepared and no doubt but the Daughters Portion would be well Secured if they would come quickly Cl. of Peace reads Dec. 31. 1690. 'T is directed for Mrs. Charlton I must not let this Bearer depart Madam c. As before Mr. S. Trem. That Letter tells you that the Daughters Portion would be well Secured this that we now produce will tell you how it shall be Raised It says the old Tenants are weary of their Master and a little Matter if he would but appear in Westminster-ball would redeem the Estate and the Cause might be brought to a final hearing before the end of Easter Term if they made haste and it were well Sollicited Cl. of Peace reads This is directed for Mr. Jackson Dec. 31. 1690. The Bearer hereof will give you c. As before Mr. Soll. Gen. We must desire my Lord President and my Lord Sydney would be pleased to look upon these Papers L. Pres I received these from Capt. Billop in the Pacquet and gave it to my Lord Sydney L. Syd These are some of the Papers I had from my Lord President Mr. S. Trem. The Letters we now produce to be read seem to be written by a Man that was involved in a great Trade that had great Projects in his Head and drawn many Schemes in his own Brain how to carry on the Trade he directs what sort of Wares he would have sent what was proper for their Markets that he had got many a new Customer and hoped they should not be disobliged that all must be sent before the First of March at least before the Tenth or the whole Summer Profits would be lost Cl. of Peace reads 31 Dec. L. C. J. Holt. Read the Superscription first Cl. of Peace There is no Subscription my Lord at all L. C. J. Holt. Well read on Cl. of Peac reads 31 Dec. The Interruption of the former Correspondence had a very ill Effect many ways c. As before Mr. S. Trem. Gentlemen doubting that that Letter might not be pressing enough here is another to the same effect Cl. of Peace reads Dec. 31. It is a Presumption incident to those that are any ways upon the Spot c. As before Mr. S. Trem. One would imagine this Letter were written by some Person that used to talk Cant that he is so ready at it Mr. Soll. Gen. Pray my Lord President what says your Lordship to these Papers L. Pres These Two Letters were in the same Bundle that Capt. Billop delivered to me and I delivered them to my Lord Sydney L. Syd These are some of the Papers I had
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