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
What is said now concerning Mr. Ellyot goes for nothing against him Mr. Ashton My Lord I doe it only to doe him Justice L. Ch. Just Holt. But you are to ask Questions only for your self Mr. Ashton Remember good Woman you are upon your Oath and have a care of forswearing your self my Bloud is at stake Mrs. Pratt I am sure I say nothing but the Truth Mr. Ashton Did I ever speak to you of going to France Mrs. Pratt Yes you did Mr. Ashton As I hope for Salvation I did not Mrs. Pratt And another thing you told me more if I help'd this well away you would help me to the earning of a 1000 l. before Lady-day Mr. Ashton Gentlemen as to what was said of that kind of helping her to a 1000 l. is no great matter to the thing in Hand for if I was minded to go out of the Kingdom it was necessary to use all Arguments I could to persuade her to help me to go away L. Ch. Just Holt. Mr. Ashton you must stay your time before you speak to the Jury make your Observations upon the Evidence to your self you shall be heard at large all that you can say in your proper time Mr. Ashton I do assure my self my Lord of all the favour that can be shewn to a Man in my Circumstances L. Ch. Just. Holt. You shall have all that is just I do assure you Mr. Ashton My Lord I am glad in the Circumstances I am in that I am to be tryed before your Lordship But good Woman by Virtue of the Oath that you have taken did I ever speak to you directly or indirectly of going to France Mrs. Pratt Yes and you askt for a hole to hide what you might have occasion to keep secret Mr. Ashton But I ask you about going to France did I speak to you about going to France Mrs. Pratt Yes you did Mr. Ashton Then as I hope to be sav'd I never spoke directly or indirectly of going to France to her Mrs. Pratt You were not to go for Holland nor Flanders I am sure Mr. Ashton Nay I did take it for granted that you did know before I met you that we were to go to France but I never spoke to you of it in my Life that I am sure of but I only urge this to let your Lordship know that Woman has forgotten her self L. Ch. Just Pollixfen Mr. Ashton You will have all lawfull favour but your time for arguing upon the Evidence is not come Mr. Serj. Thompson You must ask your Questions now and make your Observations afterwards you must reserve your self for that till after we have done Mr. Ashton But then my Lord I shall have too many things for my Memory to retain and therefore I beg leave as they occur to my Memory now and as the Witnesses go along to make my Observations Mr. Ser. Tremain Mrs. Pratt Pray when the Vessel was hired and you were told it was to go to France what Persons did Mr. Ashton say were to go with him Mrs. Pratt Three Persons he said were to go but he did not name them Mr. Serj. Tremain Then set up William Paseley Which was done Sir W. Williams What can you say of any for the hiring of a Vessel Paseley I did not know the Vessel was hired before I came thither Mr. Serj. Thompson Prithee tell us what thou does know Paseley The Woman came to me when I was at Billingsgate and said I must go a little way along with her and as we were going she told me it was to go to Mr. Burdett's in Queen-street and when we came there Ellyot and Ashton were not within But by that time we had been there a little while in came Mr. Ashton and presently after him Mr. Ellyot and Mr. Ashton bid the Woman give him the Money out of the place where it was Juryman My Lord we do not hear him Sir W. Williams Pray begin again and speak out Pasely I met with this Woman at Billingsgate and she told me I must go a little away along with her L. Ch. Just Holt. That Woman name her Pasely Mrs. Pratt and I went along with her and askt her where she was going she said up into Queen-street And coming to Queen-street we went to Mr. Burdett's House I was never there in my Life before When I came there Ashton nor Ellyot were either of them there after a little while in came Ashton and presently after in came Ellyot and he went up Stairs into the Bed-Chamber and being in the Bed-Chamber they brought the Money out rolled up in a half sheet of Paper set up an edge and told it out at the Window L. Ch. Just Holt. Who told it Paseley Ashton told the Money out and after the Money was told he pulled out two pieces of a Six-pence and when he had pulled out the two pieces of Six-pence he gives one half to this Mrs. Burdett and the other half he kept himself and he bid her pay this same Money when the other half Six-pence that Ashton kept came to this Woman to match that which she had and after the Money was told we stayed but a small while there and came down Stairs and when we came down Stairs we went down to Billingsgate I think John Fisher was there and we carried away with us a Trunk and a Hamper John Fisher carryed the Trunk and another Man the Hamper and after that we had carryed the things on Board I came up to the House again and after I came up to the House they directed us to go to the Seven Stars in the little Piazza there was a Note written to direct us which ordered us to go thither betwixt 10 and 11 at Night When we came there I think there was neither of them there at present but by that time we had been there a small space in they both came and sat down and a Gentleman came in and said the Cock crowed and therefore they should have no good luck And then they talkt about Papers being tossed in a Hat I dont know what and in came two Gentlemen more just before we went away to see them and after those Gentlemen had seen them they staid but a little while Says Ellyot to me Master come along with me so I went along with him and we came to Surrey Stairs and on the Corner on the left hand there was an Ale-house He called the Waterman out of the Ale-house and he bid me go before and I went down and by the time that I had gotten down the Waterman came and halled his Wherry to and I went in and by that time I was gotten to the Stern down came Ashby and Ellyot and my Lord and his Man L. C. Just Holt. You mean Ashton not Ashby Paseley Yes my Lord that is the Man And after they had got into the Wherry and were seated they bid the Waterman put off from Land and so we went through Bridge and after
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
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
John Ashton What sayst thou Art thou Guilty of the same High Treason or not Guilty Mr. Ashton My Lord I have only this to observe besides what my Lord Preston has offered as to the Business of the Act of Parliament your Lordships have been pleased to over-Rule that Plea But My Lord I am told That if an Indictment be faulty but even in a Letter we cannot be found Guilty upon that Indictment Now if we never have a Copy of that Indictment how shall we know whether there be any such Fault in it Your Lordships who are our Counsel I suppose have never seen the Indictment and suppose there be Twenty Faults we have not the advantage of them by not having a Copy and how shall we come to have any Advantage if neither your Lordships who are our Counsel nor we our Selves can see them It may turn upon that L. C. J. Holt. But we will see it when you come upon your Tryal L. C. J. Pollexfen That is a Mis-Information for it may be such a Letter as is not Material and it may be such as is Material as suppose your Name being Ashton the A should be left out it would then be a Question What there would be to Charge you Mr. Ashton We know that it has been so in several Instances L. C. J. Pollexfen It may be such an Omission that may make it no Crime but we must not presently conclude that it is so but you have heard it Read and so have we if there had been any such Letter mistaken it would have been taken Notice of Mr. Ashton As to the Reading there may in the Reading of the Indictment be many Words not nicely observed I suppose the Indictment may be Right I say it is possible it may or it may not but if your Lordships never see it who are our Counsel by Law nor you will allow us Counsel to look into it if there be Forty Faults in it we can have no advantage of it L. C. J. Holt. We must not allow you Counsel to pick holes in the Indictment that never was done If you assign any Reason we may assign you Counsel to debate any matter of Law that may arise but never was Counsel allowed to find out Faults in an Indictment when you come to your Tryal we shall try you upon your Indictment and if there be any thing considerable you are to suppose we shall observe it for your advantage Mr. Ashton My Lord We never had a Copy of the Pannel of our Jury I pray we may have it L. C. J. Holt. That you cannot have till you have Pleaded L. C. J. Baron Mr. Ashton We have over-Ruled my Lord Preston about a Copy of the Indictment Do you think we shall Grant it you when we have denied it him Mr. Ashton My Lord I desire we may have a Copy of the Pannel L. C. J. Holt. You must Plead first C. of A. Are you Guilty of the High Treason or not Guilty Mr. Ashton Not Guilty C. of A. How will you be Tryed Mr. Ashton By God and my Country C. of A. God send you a good Deliverance Edmund Elliot How say you Are you Guilty of the same High Treason or not Guilty Mr. Elliot Not Guilty C. of A. God send you a good Deliverance L. Preston My Lord I hope now it may be time to pray that my Tryal may be deferred L. C. J. Holt. Why would you have it deferred L. Preston Because of the distance of my Witnesses and other Things that would be necessary for me to have to prepare me for my Defence and besides we have not had a Copy of the Pannel of our Jury and the Reason of the Law does Order that because it gives us liberty to except against them and that we cannot know how to do unless we inform our selves of the Men and therefore I beg that I may have a Copy of the Pannel L. C. J. Holt. As for having a Copy of the Pannel the Court grants it Let them have a Copy of the Pannel C. of A. Here is one ready for you Mr. Sol Gen. There was Direction given that there should be one ready Mr. Ashton We have demanded it every day since we had notice of our Tryal L. C. Baron You could not have it till there was an Issue joyned and that could not be till you had Pleaded L. C. J. Holt. And as to the putting off your Tryal I know not to what time to put it off L. Preston My Lord I am willing to have this matter Tryed as soon as possible for it cannot but be uneasie to me to lie under these Accusations but some of my Witnesses live in the Country at a remote distance if it may be next Term my Lord or the next Sessions for if I have a Copy of the Pannel to Night and am to be Tryed to morrow Morning How can I provide for my Defence I cannot be prepared to except against the Jury and I am sure you will be tender and consider the Case of a Man whose Life and Fortune are concerned in this Business L. C. J. Holt. To put it off till the next Term is to remove it out of this Court that we cannot do and to put it off till after the Term will be too long a time L. C. J. Pollexfen We cannot sit here after Monday because the Term begins on Tuesday L. Preston My Lord this Term is always a short Term and if I be Tryed to morrow it is Trying me without giving me time for my Defence Mr. Sol. Gen. My Lord there has been all the care taken that the Nature of the Thing was capable off to prevent any complaint of this kind Order was given that my Lord and these Gentlemen should have notice as early as was possible As soon as ever Mr. Attorney General had had an opportunity of looking into the Evidence notice was given them that they should be Tryed and that this was the day appointed for their Tryal But there shall be no contending in a Matter of this Nature for a day If it be desired and the Court please to put it off till morrow we are contented but there can be no reason to put it off for a longer time As there is always a tenderness to be used and I know will be and as far as I am concerned always shall be towards Persons in these Circumstances so there is a regard to be had towards the Government and the Publick I am sure if the Accusation that is against these Gentlemen is true the Government is highly concerned that this Matter should come to a speedy Examination and that Persons that enter into such Designs be brought to Judgment The Charge in the Indictment is of such a Nature as draws very great Consequences along with it it concerns no less then the Life of the King and Queen the Destruction of the Fleet of the Kingdom and the Invasion of the Realm by the
which prolongs what they so passionately desire The Methods thought upon are these First To prevent dangerous and foolish Intelligence by forbidding all in that Court to write any News hither and that K. J. only have his Correspondence by whom to hear from and speak to People here since Letters so often miscarry and are filled with nothing but what we should not hear and what we have are Arguments for the most part against the K's Restoration Secondly Since there is a great Body of Protestants that never defected and that many Thousands are returning and that they are the Natural Weight and Power of these Kingdoms by having the Heads Hands and Wealth of their side to the odds and advantage of at least Two Hundred Protestants to one Catholick the K. may think of nothing short of a Protestant Administration nor of nothing more for the Catholicks then a Legal Liberty of Conscience for much e mutt is against all other Notions to which all private Passions and artificial Frames in Government must yield or break He may Reign a Catholick in Devotion but he must Reign a Protestant in Government Cromwel could not yet on a broader bottom with a Victorious Army subsist or keep what he had got Thirdly He must give us a Model of this at St. G. by preferring the Protestants that are with him above the Catholicks one being Loyal upon less tyes of Interest and to tell the Nation here what they are to hope for when he comes Fourthly He must give Incouragement to Lords and Gentlemen here to come to him at least Seven or Nine for a standing Council which will make us here think he is in some degree ours again and that we have a relation to him and some interest and share in him by the Men of Quality of our own Religion that are with him This will incomparably faciliate the matter here nor will they when they come come empty and in their own Names which is still better and will be more satisfactory there Fifthly To induce this English Protestants should be encouraged by an Edict of Liberty from the K. of F. to have Chappels at their own Costs in which to Worship God after their respective ways by which that K. will make us reflect upon his Conduct towards his Hugonots rather to flow from the hazard he thought himself in by their Antimon and resisting Principles then a desire of Persecution Lastly All other requisite Measures depending upon the acceptance this finds an Answer hereunto is impatiently desired by those that have Discoursed the K's Business to this Maturity So ended with an Vnanimous Consent both Tories and Whiggs upon this Occasion that are in a way of closeing in his Interest Lord Preston I can very safely swear my Lord that I never saw that Paper in my Life L. C. J. Holt. Come go on with your Evidence Mr. Sol. Gen. This is another Paper of the same but the Words that are written short in that are written at length in this The Paper was read accordingly and in the first blank there was written K. J. in the first Paragraph France twice in the third Paragraph St. Germains in the Fifth Mathemat for Much e mutt the rest are obvious and need not be supplied Mr. Sol. Gen. Pray shew my Lord Sidney that Paper what says your Lordship to it Lord Sidney This is one of the Papers that I marked and that I received from my Lord President Mr. Sol. Gen. Pray will my Lord President be pleased to give himself the trouble to cast his Eye upon that and see if that be one of the Papers Lord President My Lord I remember it well it is one of the Papers I received from Capt. Billop Mr. Serj. Tremain This Paper is what Mr. Solicitor mentioned as heads of a Declaration Lord Preston My Lord I think it necessary to offer one thing to your Lordships before it be read I desire Capt. Billop should swear it to be one of his Papers Mr. Sol. Gen. If your Lordship pleases you observe what has been done already My Lord President says 't is one of those Papers that was sent him by my Lord Nottingham and my Lord Sidney has sworn it is one of the Papers he had from my Lord President Lord Preston I shall not give your Lordship any more trouble than needs I only offer it your Lordship I wave it L. C. J. Holt. There is Evidence enough to have the Paper read Clerk of the Peace Reads That the King will return with a design of making an Entire Conquest of his People is so ridiculous as well as difficult that it needs not be spoken to That the Kings Declaration be worded in General Terms That he will Govern by the Laws that they shall be the Rule of his Actions that he will Endeavour to settle Liberty of Conscience by Law that whatsoever things were formly done by him which occasioned Jealousies in the minds of his People shall be left to the determination of a Parliament to be formerly and regularly called assoon as is possible That he has given sufficient Evidence of his unwillingness to bring an Army of Strangers into his Kingdom by refusing the Succors of the King of France offered him and which were even ready to be Embarked upon the first Notice of the P. of Oranges intended Invasion That he brings with him such an Army only as is necessary for his own defence and for the security of such of his Loyal Subjects as shall resort to him that he will dismiss them as soon as he shall have rid the Nation of those Forreigners who have Invaded it and trampled upon the Laws and Liberties of his People The Kings large exercising his Dispensing Power gave the great alarm to the People and contributed most of all toward General Defection Yet when that Power came to be debated in the last Convention there appeared so many difficulties in the limiting of it every Body even the present Judges believing it necessary That a dispensing Power should be in the K. That it was let fall and that point remains as it was And without mentioning that or any other particular the K. can be in no danger by leaving all things which have been the occasions of Jealousies to the determination of Parliament where besides the Kings professed Friends and Servants there will not want others who will be glad of opportunity to ingratiate themselves L. C. J. Pollexfin Gent. of the Jury If you desire any thing to be read again or any thing doubtful in it should be Explained tell us and it shall be done Juryman No my Lord There is no occasion for that I believe we apprehend these three Papers that have been read Lord Preston My Lord It is necessary the Gentlemen of the Jury should be satisfied in this point L. C. J. Pollexfen Ay in any point and if they desire any scruple should be cleared the Court will do it for them Juryman My Lord I desire
whatsoever they promised to themselves and their Desire of having it effected might perswade them to the contrary But Gentlemen the thing that I would mention about the Matter before you now is this Here are three Papers that by three several Witnesses acquainted with my Lords Hand-writing are testified as they believe to be his Hand-writing if so then there is an End of all for therein is a horrid deal of Treason conteined If these Instructions these Memorandums these Heads that were written down were my Lords and he did intend to go with these in a Voyage towards France that will be sufficient of it self if there were nothing else in the Case to maintain this Indictment But Gentlemen you have in the rest of the Papers that were taken a great Character of the Bearer that the Bearer had done great things that the Bearer could inform them fully of every thing and there should be full and intire Confidence put in the Bearer and a great many such Phrases But says my Lord I was not the Bearer it was Mr. Ashton that the Papers were found about it does not appear directly who the Bearer was and they were not found about me Now Gentlemen pray let us look a little how this Evidence stands Pray where was this Bundle found even upon the Gravel where my Lord Preston and Mr. Ashton lay there was it found and my Lord 's own Seal with it How in the Name of God came my Lord's Seals to be found with other Peoples Papers if they did belong to any body else How came they together in that place It may be he had a mind to leave his Seals behind him because they would discover his Quality But why should my Lord Preston have all this fear upon him Why should two Men go and take a Ship for themselves aâ—d two others and when they come to take Boat take in my Lord and his Man if they were not the two others that were designed and this to be done at Night in the Dark Why should my Lord be under such terrible Apprehensions as to creep into a hole so unfit for one of his Quality Why do you not hear from my Lord some good Account upon what occasion my Lord and his Man were going to France Or whether else my Lord was really going for somewhere or other it was plain he was going Gentlemen no Man goes into an Enemies Country without some Licence unless he go upon some ill Design Fear seldom is without some Guilt and there appears throughout the whole management of the Story that there was a great deal of Fear upon these Gentlemen Besides afterwards when he is taken and the Letters taken with him in the same Company you hear what endeavours there were to suppress the Truth even by my Lord 's desiring to have the Pacquet disposed of and my Lords Man gave one of the Seamen half a Crown to say they were going to Flanders not to France I suppose the Man knew how unfit it was to be known that they were going to France And my Lords two Companions spared for no Pains to get the Pacquet thrown over-board tho' all that my Lord said was what great kindness he would do him when it lay in his Power if he would dispose of the Pacquet I suppose that is very easily intelligible Gentlemen there is one thing which is mentioned in one of the particular Letters that I desire particularly to observe to you and that is all I shall say to you Here is a Letter in my hand that in divers places has somwhat remarkable it says Your Daughter and I must starve if this Government can make us That the Party did net repine at all for having lost all for your sake which your favour had bestowed And in another place this Letter doth say Your Daughter grows very tall and very pretty as I am told But that which I chiefly mention it for is it 's twice mentioned My Lord will tell you all my Condition how I have been used and I have told my Lord my Condition what I desire of you he thinks very Moderate And pray consider and remember that the first Article of my Lord's Paper that is taken to be under my Lord 's own Hand there is two thousand pound to the Lady D. Now if any body should put these together do they lack any great Interpreter for for my part I leave them to you Then in aother place towards the end of the Letter it is said Pray Sir ask my Lord how I have been used Now this Letter being thus taken and there is never a one of the rest that was a Lord do you think any of the rest was meant I must leave it to you If my Lord Preston had produced any Testimony to prove his own good Carriage and Behaviour towards the present Government it had been very much for his advantage and might have had great weight with you but when things appear only in this manner as they do now I must leave it to you Gentlemen 't is a Great Matter and of great Moment if those that Conspire against the Kingdom against the Protestant Religion and against the present Government may do it with impunity it will be worth the considering what the Consequence of that may be Your own Consciences require you to do Right and Justice on both sides and if you are satisfied he is Not Guilty you will find him so if you are satisfied that he is Guilty you will find him so L. Preston My Lord may I have the liberty to say any thing before the Jury go out L. C. J. Holt. You Lordship should have said what you had to say before It is contrary to the course of all proceedings in such cases to have any thing said to the Jury after the Court has summed up the Evidence but we will dispence with it What has your Lordship to say Lord Preston My Lord I humbly thank your Lordship I am not acacquainted with such Proceedings L. C. J. Holt. My Lord you know I permitted your Lordship to interrupt me as much as you wou'd which was never done before in any such Case L. C. J. Pollexfen It is contrary to the course of the Court But yet if you have any thing to say to the Court or the Jury for this once we permit it Lord Preston Gentlemen of the Jury L. C. J. Holt. My Lord what you have to say pray direct your self to the Court that we may hear what it is Lord Preston My Lord I only desire the Jury may be informed that I am a Protestant that I was baptized in the Religion of the Church of England and have always lived in it and hoped to dye in it My Lord 't is true things have been urged with Severity against me that are a little hard in making that which I hope will amount to but a Presumption to be a Proof as in the case of the Letters that are written in
a Cant and my Intention to go to France and those words in the Letter where my Lord the Bearer is named But your Lordship observes That that Letter is not directed to any body and that is full of Cant as well as all the rest Why should I be supposed to be the Bearer any more than either of the others and they were found about one of them But my Lord for the reason of my going beyond Sea it was this I designed to go to Flanders or any place I could be driven to and that ought not to be wondred at for really I who had lived quietly after the loss of my Places upon this Revolution and suffered great Inconveniences in my Estate and was retired to my own House with a Design to live a retired life was imprisoned twice in the Tower and proclaimed a Traytor in every Market Town without any Indictment and my Imprisonment tendded greatly to the impairing my Health and my Fortune all this made me very uneasie here and my Lord I went under a fixed Resolution to go to Flanders or any place where I thought I could be quiet L. C. J. Holt. My Lord your Lordship should have said all these things before for it is not the course to reply upon the Court if you had had any thing to say you know we heard you out of Course and I let you interrupt me as much as you did think fit though that has not been allowed at any time before But my Lord pray let me say one thing more Suppose your Lordship did think your self hardly used though I know not any reason you had to think so yet your Lordship must remember it was in a time of Danger that your Lordship was taken up before and you had shewed your dissatisfaction with the present Government and therefore they were not to be blamed if they secured themselves against you but 〈◊〉 you had a mind to retire into the Country or to go abroad was Franâ—â— the only Country you could choose a known declared Enemy's Country at open War with the Government Lord Preston My Lord I beg your Lordships pardon if I give any Offence L. C. J. Holt. No my Lord you give me no offence at all but your Lordship is not right in the course of Proceedings I acquaint you with it not by way of Reproof but by way of Information Lord Preston Then I hope the Gentlemen of the Jury will consider that all that is alledged against me is but Presumption my Life and Fortune my Posterity and Reputation are all at stake I leave all to the Jury's Consideration and the God of Heaven direct them L. C. J. Holt. If you go on thus to Reflect upon the Court you will make the Court to reflect upon you The Jury hear how the Evidence has been stated I think it has been done very impartially and without any severity to you Why should you think we would press the Evidence further than it ought to go against you You are a Stranger to most of us and I am sure we do not desire your Life but still we must take care that Justice be done to the Government and the Kingdom as well as to any particular Person and Evidence that is given must have its due weight and Consideration If any one can design Innocently to go into France at this time of day with such Papers and in such a manner that I leave to the Jury's Consideration Then the Jury withdrew to consider of the Evidence and the Court Adjourned for a little while and returned in half an hour and the Jury came in and were called over and appeared Cl. of Ar. Are you all agreed of your Verdict Jury Yes Cl. of Ar. Who shall say for you Jury Our Fore-man Cl. of Ar. Sir Richard Graham hold up your Hand which he did Look upon the Prisoner How say you Is he Guilty of the Felony and High-Treason whereof he stands Indicted or not Guilty Fore-man Guilty Cl. of Ar. What Goods and Chattels had he Fore man None at all that we know of Then the Verdict was Recorded L. C. J. Pollexfen I think truly Gentlemen you have done according to your Evidence and though it be a hard Case upon particular Men that have brought themselves in to these inconveniences yet it is necessary Justice should have its due course or else there is no longer living for any Man in any Society or Government Then the Prisoner was carried back to Newgate and the Court Adjourned till Munday Morning following at seven a Clock THE ARRAIGNMENT TRYAL CONVICTION AND CONDEMNATION OF John Ashton Gent. FOR HIGH-TREASON Against their MAJESTIES King WILLIAM and Queen MARY In Conspiring the DEATH and DEPOSITION OF Their MAJESTIES c. LONDON Printed for Samuel Heyrick and Thomas Cockeril at Grays-Inn-gate in Holbourn and at the Three Legs in the Poultrey M.DC.XCI Die Lunae xix Januarii 1690. The Court being Sate the Jury was called over and the appearance of those who answered Recorded Then Mr. Ashton and Mr. Ellyot were brought to the Bar but Mr. Ellyot was ordered to be carried back to Newgate the King's Councel resolving to try Mr. Ashton by himself Cl. of Ar. JOHN ASHTON hold up thy Hand Which he did Those Men that you shall hear called and personally appear are to pass between our Soveraign Lord and Lady our King and Queen and you upon your Tryal of your Life and Death If therefore you will challenge them or any of them your time is to speak as they come to the Book to be Sworn and before they be Sworn Mr. Ashton Pray stay a little L. C. J. Holt. What say you Mr. Ashton Mr. Asht My Lord I humbly desire your Lordship will allow me the benefit of Pen Ink and Paper L. C. J. H. Pray let him have Pen Ink and Paper Mr. Asht And likewise that you would give my Sollicitor leave to be as near me as possibly he can only to refresh my Memory if I should forget any thing L. C. J. H. That is a thing you cannot of right demand the other of Pen Ink and Paper you may Mr. Asht My Lord I shall acknowledge it as a very great Favour L. C. J. H. That is an Innovation that ought not to be the Court cannot allow it Mr. Asht I acknowledge it a Favour but if the Court thinks it not fit to allow it whatsoever your Lordship shall order I readily submit to L. C. J. H. You shall have Pen Ink and Paper and what is fit for the Court to do they will do it L. Ch. Bar. If the Witnesses say any thing that you do not hear you must speak to the Court and you shall have them say it over again Pen Ink and Paper was given to the Prisoner Cl. of Arraign Sir William Hedges Knight He appeared Mr. Asht My Lord I would not trouble your Lordship and my self with unnecessary Challenges I intend to put my self with an intire dependance upon
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
If there be 〈…〉 you will have the advantage of them If you will assign them if there be none you can have none Mr. Ashton Then I say if there be words in the Indictment that there are no such Words in Nature then Sir I am told it is a Vicious and Erroneous Indictment and that is enough to viciate the Indictment Mr. D. Record No such Words in Nature It is hard to tell what you mean by that perhaps there are terms of Art in the Law which though you are not acquainted with we are Mr. Ashton Then there are such Words in Nature Mr. D. Record That is an insensible Expression Words in Nature Mr. Ashton I am informed that even a Letter in an Indictment is enough to viciate it or if it be false Latin that will make it an Erroneous Indictment Mr. D. Record No that is not so but if you will tell me what that Letter is I 'll tell you what I say to it it may or it may not be material Mr. Ashton We know it was lately disputed in a Case of this Nature at this Place and I am informed the Court were of Opinion if it had been in the Body of the Indictment it had been an Error Mr. D. Record If you please to tell me wherein the Error in your Indictment consists I may be able to give you a good Answer to it or you will have the advantage of it Mr. Ashton I say it consists in this the Word Cymba is written with an S in the Indictment whereas it should be with a C. Mr. D. Record How do you know it Mr. Ashton It is no matter how I know it I have some reason to know it it may be Mr. D. Record Mr. Hardesty look upon the Record Mr. Ashton With Submission that is an Error for there is no such word as Cymba with an S. Cl. of Arr. It is a long Indictment will you please to ask him where about it is Mr. D. Record Mr. Ashton will you tell me where 't is written Mr. Ashton In the Indictment when you come to speak of Cymba a Boat Mr. D. Record By the sound I cannot distinguish whether it be S or C. Mr. Ashton Sir I hope you will do me the Justice to examine the Indictment it self Mr. D. Record The Clerk is looking upon it how is it Mr. Hardesty Is it with an S or a C Cl. of Arr. It is with a C. Mr. D. Record The Clerk has read it and he certifies me it is in both places with a C which is true Latin Mr. Ashton Is it in all places with a C Cl. of Arr. I have lookt in two places and 't is right I 'll look further if you please Mr. Ashton Pray do which he did Cl. of Arr It is with a C. in all places Mr. D. Record The Clerk tells me it is the same and right in every place and he has lookt over all the Indictment as to the matter Mr. Ashton Then Sir I submit to it Mr. D. Record Make Proclamation for Silence which was done Mr. D. Record My Lord Preston or rather Sir Richard Grahme and Mr. John Ashton Ye have been Indicted Arraigned and Convicted of High Treason against their present Majesties King William and Queen Mary whom God preserve Ye have had a long and a fair and favourable Tryal as any Persons that ever have been tryed at this Bar. The Jury that has passed upon your Lives and Deaths has convicted you and the Court are now to do their last Act which is to pronounce that Sentence that the Law does inflict upon 〈…〉 as ye stand Convicted of It is a great trouble to me to 〈…〉 Judgment that is so heavy upon you but I must say the Evidence 〈◊〉 has been given against you was so clear and I suppose not only convincing to the Twelve Men that tryed you but to all By-standers that I can do it with that satisfaction that becomes one who is intrusted with the King's Justice that the Law may obtain and that there should be no Interruption of Justice And the Sentence that the Law has declared should be pronounced in this Case is this That Ye do respectively go to the place from whence Ye came from thence to be drawn upon a Sledge to the place of Execution to be there hang'd up by the Neck to be cut down while Ye are yet alive to have your Hearts and Bowels taken out before your Faces and your Members cut off and Burnt Your Heads severed from your Bodies Your Bodies divided into four Quarters Your Heads and Bodies respectively to be disposed of according to the King's Will and Pleasure and the Lord have mercy upon your Souls Then the Prisoners were conveyed away to Newgate the Place from whence they came AN ACCOUNT OF TWO LETTERS One of which is from the Late King James TO THE POPE As it is Extracted out of the Register taken at Dublin July 4. 1690. With a Marginal Note That it was all written with His own Hand THE OTHER IS An Original LETTER FROM THE EARL OF MELFORT The late KING 's Principal Secretary of State TO The Late Queen Taken also at DVBLIN at the same time IT is thought proper upon this Occasion to expose these Letters to publick View which would not have been so seasonable at another time as now when the Enemy has given open Proofs of those Designs which by these Letters will appear to have been long concerted by them and although by the Providence of God they have been hitherto prevented yet since hereby and by the late Discovery the Industry of those who endeavour to Subvert this Government is not only manifest but that they give themselves great encouragement to believe they shall be able to effect it It is hoped that these warnings will stir men up to such a degree of Vigilance as will make them careful to prevent any future Designs against the Peace and Quiet of the Kingdom Beatissime Pater GAudium ex Vestrae Sanctitatis in B. Patris Cathedram elevatione conceptum literis nostris per Comitem de Melfort primum Secretarium nostrum missis expressum Literae S. V. manu scriptae sinceri amoris paterni tenerae compassionis ob ea quae Patimur testes adeo auxerunt ut malorum sensum minuerint nos verè consolata sint Unica turbarum contra nos excitatarum origo est quod Catholicam Fidem amplexi simus eamdem in tria Regna latè sparsas per Americam nostrorum subditorum Colonias reducere statuisse nuper neutrum negamus Posterius quae fecimus in hoc Regno probant ubi enim divino auxilio parvas quidem sed frequentes victorias de Rebellibus reportassemus magnam impedierunt isti decretoriam pugnam pertinacitèr declinantes iis in Religionis bonum usi sumus quam hîc spero brevi firmitèr stabilitum iri Idem in aliis ditionibus nostris factum ubi divinâ
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