I have always known it denied L. Preston Your Lordship will give me leave to say what your Lordship must needs know much better than I there is a Statute in the 46 of Edw. 3. that doth order a Copy of any Record to any Prisoner or other Person if he demand it And it has been granted as I am informed in other Cases particularly in the Case of Colonel Sidney L. C. J. Holt. No my Lord it was denied in Colonel Sidneys Case L. Preston If I mistake I beg your Lordships pardon It is a Reason in a late Law made for the Reversal of Mr. Cornishes Attainder The Parliament do there say that it was not a legal Tryal because he had not a Copy of the Indictment and time given him to prepare for his defence L. C. J. Holt. Truly my Lord I do not know how that matter stands That Reversal of Mr. Cornishes Attainder is but a private Act of Parliament I never saw it nor heard it read nor can we take notice of it But your Lordship is to be Tryed by the same methods of Law that all Persons that have gone before you have always been it has always been the course that the Prisoner should not have a Copy of his Indictment Col. Sidney had it not and I remember in the Case of Sir Hen. Vane in the year 1662 he demanded a Copy of the Indictment and it was denyed him and it has been constantly denyed ever since in all such Cases L. Preston I humbly desire to know whether it was not granted in the Case of my Lord Russel L. C. J. Holt. No indeed my Lord my Lord Russel had it not I can take it upon me to say that for I know all the proceedings in that Cause L. C. J. Pollexfen No my Lord never any Man had it in all my experience L. C. J. Holt. Some of us that are here were of Council for my Lord Russel at that time and we did not advise him to demand a Copy of the Indictment for we knew he could not have it by Law L. Preston I am very tender of taking up your Lordships time unnecessarily but it stands me upon to do all I can to defend my self may not I have my Counsel heard to that point because if it be a point of Law though your Lordships are of Counsel for the Prisoner yet I beg that I may have my Counsel heard to argue it L. C. J. Holt. To what point would you have your Counsel heard L. Preston To that point whether I may not have a Copy of my Indictment according to the 46. of Ed. 3. that is the point I would have my Counsel heard to L. C. J. Holt. There is no such Statute as your Lordship mentions that gives the Prisoner a Copy of his Indictment Mr. Jones If your Lordship please to hear me for my L. Preston L. C. J. Holt. Nay Mr. Jones you are mistaken in this matter If my Lord himself will shew that there is any such Statute we will consider of it and if it be a matter that requires debate we may assign my Lord Counsel to argue it but till then Counsel are not to be heard My L. Preston if your Lordship can shew us that Statute pray do L. Preston My Lord I desire none if it be not so L. C. J. Holt. I have heard a discourse concerning such a Statute but I could never find it L. Preston I suppose my Sollicitor is here with it there is such a Statute my Lord. L. C. J. Pollexfen The Court over ruled it in the Case of Sir H. Vane L. C. J. Holt. And so it was I remember in another Case and in none of the Trials that have been since King Charles the Second came in was ever a Copy given that I know or heard of Mr. Soll. Gen. My Lord this Statute that my L. Preston mentions the 46 of Ed. 3. is printed at large in the Preface to my Lord Cokes 3d. Report and has been insisted upon in several Cases in the Kings Bench where the Prisoner has desired a Copy of his Indictment but a Copy has been alwayes denied and this Statute has been taken to extend only to Records which may be Evidence for the Subject L. C. J. Pollexfen 'T was alwayes ruled that it did not extent to this matter L. C. J. Holt. My Lord 't is a misconstruction of that Statute that your Lordship thinks that it gives the Prisoner a Copy of his Indictment For that Statute sayes that all persons shall be free to make use of the Publick Records and take Copies of them because oftentimes the Records are Evidences of Mens Estates and their Titles L. Preston My Lord an Indictment I suppose is a Record L. C. J. Holt. But not such a Record as is within the intent of that Statute L. Preston My Lord I am tender of taking up your Lordships time but since all that is dear to me is at stake I desire to this point I may be heard by Counsel L C. J. Pollexfen My Lord I am satisfied you have had Counsel with you I have heard a great many Does any one of them tell you that this has been done If ever an one of them will come and shew us when it haseen done you say something but I dare say none of them will or can Mr. Jones there is as like as any body but I believe he will not say it ever was done L. Preston My Lord I cannot say my Counsel has told me so but I have read such a Statute my self for it stands me upon it and I believe there is such a Statute and it will be produced before your Lordships If your Lordships will insist upon not allowing me a Copy I desire I may be heard to it by my Counsel for I take it to be a point of Law with humble submission to your Lordships L. C. J. Holt. My Lord we must not hear Counsel to debate plain points that have no manner of Question in them It has been alwayes disallowed and 't is a setled point at Law and as plain as any whatsoever that no Copy of an Indictment ought to be allowed to a Prisoner in Felony or Treason L. Preston My Lord there is a Statute that sayes it shall be allowed to all Persons to have Copies of Records as well for as against the King and certainly the Indictment is a Record and a Record of great consequence to me at this time and though my Counsel has not told me when it was done yet those that I have advised with do say that the Statute is express L. C. Baron If any doubtful words be in such a Statute yet the constant practice must expound it and since it has been so often denied nay always the law is now settled that it is not within the meaning of that Statute L. C. J. Holt. We must go in the way of our Predecessors we received the law from them and must not
Then set him aside Cl. of Arr. John Cane Esq Challenged William Jacomb Esq Mr. Jacomb My Lord I am no Freeholder L. C. J. Holt. How long have you not been a Freeholder Mr. Jacomb Near this Four Months L. C. J. Holt. Give him his Oath Which was done Have you no Freehold in the County of Middlesex in your own Right nor in the Right of your Wife Mr. Jacomb No my Lord. L. C. J. Holt. Then you must go on to the next Cl. of Arr. Joseph Dawson Esq Mr. Dawson My Lord I am an ancient Man and not fit to serve upon the Jury L. C. J. Holt. Well now you are here for this time serve we will excuse you hereafter Mr. Sol. Gen. My Lord we challenge him for the King L. Preston My Lord I desire to know when any one is challenged for the King whether they must not shew cause L. C. J. Holt. By and by if there be not enough they shall shew cause L. C. J. Pollexfen You shall have all that the Law allows you certainly my Lord. Cl. of Arr. Thomas Austin Esq Not appeared Richard Paget Esq L. Preston Has this Gentleman any Freehold Mr. Paget Yes my Lord I have in the County of Middlesex L. Preston I do not except against him Mr. Serj. Tremain My Lord we challenge him for the King L. Preston My Lord I humbly desire they may shew their Cause L. C. J. Holt. My Lord Cause is not to be shewn by the Kings Counsel till all the Panel be gone through and then if there be not Twelve left to try then they are bound to shew Cause that is the Law L. Preston My Lord it is a thing of a very tender concern to me I desire to know If it be not usual that they should assign the Cause when they Challenge any for the King For if it be not according to Law it may be a prejudice to me and I desire I may have Counsel heard to that Point L. C. J. Holt. My Lord shall we assign Counsel to dispute Matters not disputable Tthere is not any more clear Case in all our Law than that If your Lordship please you shall have a Book to read that the King is not bound to shew Cause till the Panel is perus'd L. Preston Then I don't insist upon it Cl. of Arr. Walter Bridal Esq Challenged Samuel-Hodgkins Esq Challenged Thomas Elton Esq L. Preston I do not challenge him Mr. Serj. Tremain Then we challenge him for the King Cl. of Arr. Arthur Bayly Esq L. Preston I have nothing to say against him Sworn Cl. of Arr. John Milner Esq Not appeared Richard Page Esq L. Preston I do not except against him Mr. Serj. Thomson Then we challenge him for the King Cl. of Arr. Richard Marsh Esq Mr. Marsh My Lord I desire to be excused I am not fit to serve upon a Jury L. C. J. Holt. Why Mr. Marsh I am thick of hearing L. C. J. Holt. Methinks you hear me very well Mr. Marsh Truly my Lord I do not hear well L. C. J. Holt. Well you may spare him if there be enough L. Preston My Lord I do not challenge him I desire he may be sworn Mr. Serj. Tremain We challenge him for the King Cl. of Arr. Thomas Harriot Esq Challenged Nath. Wall Esq L. Preston I do not except against him Mr. Sol. Gen. We challenge him for the King Cl. of Arr. Matthew Browne Gent. L. Preston I do not challenge him Mr. Serj. Tremain We challenge him for the King Cl. of Arr. Thomas Crosse Gent. Not appeared Robert Bredon Gent. L. Preston I have nothing to say against him Sworn Cl of Arr. James Partherick Gent. Challenged John Bayly Gent. Challenged William Bourne Gent. Challenged Henry Gerrard Gent. Challenged Richard Cooper Gent. L. Preston I say nothing to him Mr. Serj. Thomson I challenge him for the King Cl. of Arr. John Bignal L. Preston I do not challenge him Sworn Cl. of Arr. James Firne Gent. L. Preston I do not challenge him Sworn Cl. of Arr. Robert Longland Gent. Challenged Edmund Salter Gent. Challenged John Hâ—wlet Gent. Challenged Richard Fitz-Gerald L. Preston I do not except against him Mr. Serj. Tremain We challenge him for the King Cl. of Arr. John Owting Gent. L. Preston I do not except against him Sworn Cl. of Arr. Mark Lawne L. Preston I do not challenge him Sworn Cl. of Arr. Thomas Battle Not appeared Francis Chapman Gent. Challenged Gilbert Vrwin Gent. Challenged Richard Bealing Gent. Challenged Edward Fuller Gent. L. Preston I do not Challenge him Sworn Cl. of Ar. John Collins Gent. L. Preston I don't Challenge him Sworn Cl. of Ar. Thomas Hollings L. Preston I have nothing to say against him Mr. Ser. Tremain We Challenge him for the King Cl. of Ar. William Silcock Gent. L. Preston I do not Challenge him M. Serj. Tremain We Challenge him for the King Cl. of Ar. John Preston Gent. Challenged Thomas Wright Gent. Challenged Benjamin Boultby Gent. L. Preston I do not Challenge him Sworn Then they were counted and the Twelve Sworn were those whose Names follow JURORS Craven Peyton Esq Hugh Squire Esq George Ford Esq Arthur Bailey Esq Robert Breedon Gent. John Bignal Gent. James Ferne Gent. John Owting Gent. Mark Lawn Gent. Edward Fuller Gent. John Collins Gent. Benjamin Boultby Gent. Then Proclamation for Information and Evidence was made as usual Cl. of Ar. Sir Richard Grahme Hold up your Hand which he did Gentlemen you that are Sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Sir Sir Richard Grahme late of the Parish of St. Anne within the Liberty of Westminster Baronet together with John Ashton c. prout in the Indictment mutatis mutandis and against the form of the Statute in that Case made and provided upon this Indictment he hath been Arraigned and thereunto hath pleaded Not Guilty and for his Tryal hath put himself upon God and his Country which Country you are your Charge is to enquire whether he be Guilty of this Felony and High Treason whereof he stands Indicted or Not Guilty if you find that he is 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 find that hefled 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. Knapp May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High Treason against my Lord Preston who is Indicted by the Name of Sir Richard Grahme Baronet and stands now Prisoner before you at the Bar and the Indictment sets forth that the Prisoner together with one John Ashton and one
by my Lord Marlborough and all by my Ld Sidney Ld Preston Your Lordship will please to observe this my Ld Nottingham was pleased to say he opened no Papers till I was called in and examined and then Capt. Billop withdrew Now my Lord I don't know whether the Captain can say that these were the very same Papers that he took in the Smack L. C. J. Holt. Capt. Billop says that he saw the Papers opened by my Lord Nottingham Capt. Billop My Ld Preston observes a thing that is very right my Lord that after I had delivered the Pacquet to my Ld Nottingham while my Lord was examined I withdrew but my Ld Nottingham has given your Lordship an Account that he had not opened the Pacquet then but only the small Letter or Note that lay apart from the rest But my Lord the Pacquet was in the same condition when I came in again upon the Table as when I left it my Ld Nottingham as I believe had not opened that Pacquet for I found it just as I left it upon the Table L. C. J. Pollexfen My Ld Nottingham says he delivered back to Capt. Billop all the Papers that he received from him they were never out of my Lord Nottingham's presence nor were they opened as my Lord says but in Billop's presence nor opened till after my Lord's Examination except the little Paper that was stuck in and was loose upon taking away the Lead Mr. Sol. Gen. Pray swear Mr. Bridgeman which was done Mr. Serj. Tremain Pray when you received the Bundle of Papers from my Ld Sidney to whom were they carried and to whom were they delivered Mr. Bridgman My Ld Sidney gave me these Papers to have them copied and I copied some of them with my own Hand the others I delivered to Mr. Poultney and were copied in my presence in the Office They were never out of my sight and as soon as ever they were copied I carried them back to my Ld Sidney and delivered them to him my self Ld Preston Were any of them taken from you Sir Mr. Bridgeman My Lord I say I copied some of them my self the others were copied in my sight and presence in the Office Mr. Serj. Thompson Pray Sir let me ask you one Question Were the same Papers that were delivered to you by my Ld Sidney redelivered back again and altered Mr. Bridgman I am very sure I gave them all the same back again because I read them every one before they were copied Mr. Serj. Thompson Did you observe my Ld Sidney had marked them before you had them Mr. Bridgeman Yes they were all marked before I had them Ld Preston My Lord I desire to ask Mr. Bridgeman this Question Pray Sir Were they sealed up when you sent them to my Ld Sidney Mr. Bridgeman No they were not sealed they were tied up but about the Seals I remember when I was in my Ld Sidney's Office Ld C. J. Holt. The Question is ask'd you Whether you carried them back sealed or no Mr. Bridgeman No. They were not sealed when they were delivered to me but I can safely swear they were never out of my Custody till I delivered them back again for vvhat I did not copy my self were copied in my sight Mr. S. Thompson But your Lordship is pleased to observe they were all mark'd by my Ld Sidney before they were delivered unto him Mr. Sol. Gen. Then my Lord we have done with our living Witnesses for the present and will read the Papers Mr. Bridgeman One thing my Lord I do remember as soon as my Lord Sidney received the Papers back again he looked over every one of them and read them and looked upon the Marks Ld Preston If your Lordship please I would beg the favour to ask one Question of my Ld Sidney Pray my Lord did your Lordship number the Papers Ld Sidney No my Lord I did not number them Ld Preston But your Lordship says upon your Oath and Honour that those are the very Marks upon them that your Lordship set there Mr. Sol. Gen. We are indeed to produce them and then we shall ask that particular Question Ld C. J. Holt. My Ld Sidney will see them and then he will answer your Lordship's Question Ld C. J. Pollexfen My Ld Preston my Ld Nottingham is here a Witness and his Occasions call him away have you a mind to ask him any more Questions Ld Preston No my Lord. Ld C. J. Pollexfen What say you Gentlemen have you any further occasion for my Lord Nottingham Mr. Sol. Gen. My Lord we must beg his Lordship's Patience we do not know what occasion there may be I desire this Paper may be shewn to my Ld Sidney which was done Ld Sidney That is my mark that Paper I know is one of the Papers Mr. S. Tremain Here are two of them one of these is the Copy of the other both were taken in the same Packet the one is fairer written than the other Mr. Sol. Gen. Gentlemen the Paper we are now offering to you is that which I mentioned before it is the Result of a Conference there were two of them taken in this Bundle the one of them seems to be the first Draught the other is a Copy more fairly written but I think they are both in effect the same however they were both taken in the same Pacquet and you shall hear them read Ld Preston My Lord I desire that before it be read it may be shewn to Capt. Billop to know whether it be the very Paper that he took Ld. C. J. Holt. Ay let Capt. Billop look upon it Capt. Billop My Lord I do not remember that Paper Ld Preston Your Lordship observes that Capt. Billop cannot swear that this was one of the Papers that he took Capt. Billop All the Papers that I looked into I marked and all the Papers that I mark'd I can swear to and no others Ld C. J. Pollexfen Did you look into all the Papers Capt. Billop No I did not Ld C. J. Holt. But he swears all that he brought to my Ld Nottingham were sealed up by my Ld Nottingham and carried by him from my Ld Nottingham to my Ld President and my Ld President swears he delivered them all to my Ld Sidney and my Ld Sidney swears this is one of those Papers Ld Preston Certainly my Lord 's swearing to a Paper in this manner cannot be a good Proof my Circumstances my Lord are very hard and your Lordship I have heard ought to be of Counsel for me in any Point of Law and my Lord I humbly desire to know whether this can be a Proof of a Paper that he says was taken in a Pacquet and yet he can't swear it Ld C. J. Holt. My Lord he does not swear that this was one of the Papers but the Question is Whether all these Witnesses together do not prove it You see how the Evidence runs All the Papers taken were delivered to my Ld Nottingham All that were
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
that one Mrs. Pratt that had the management of the Smack which belonged to her Husband she by Burdett's means was brought to Burdett's House where met Mr. Ashton the Prisoner at the Bar and they had some Treaties about the hiring of a Ship the purpose declared by the Prisoner then was to hire a Ship to go to any part of France and he would give a considerable Reward for it he said it was for himself and Three more They did not come to any conclusion about hiring the Ship then but there was an Appointment made to have the Master of the Ship to meet with them at the Wonder Tavern in Ludgate-street and in order to that Paseley that is the Master and the Woman came there and met with Mr. Ashton but because Mr. Burdett was not there they came only to this proposal one Hundred and Fifty Pound was demanded for the Hire of this Vessel but there being no conclusion then made they thought it better to do it at Burdett's House and about a day after they came to Mr. Burdett's and then it hapned that Ellyot one of the Persons that is Indicted but not one before you came thither too and at that time it was agreed to give one Hundred Pound for the Hire of the Ship Ninety Three Guineys were deposited in Mrs Burdett's Hands and there was a Token past betwixt them by the breaking of a Sixpence one part whereof was to lye with Mr. Ashton and the other with Mrs. Burdett and whenever the Master of the Vessel brought back the broken piece of Sixpence that Mr. Ashton had then was she to pay the Money that being the sign that they had attained their Ends and were safely landed in France The next step they take is this They appoint to meet at the Seven Stars in Covent-Garden thither the Master of the Vessel and the Woman were to come and that was near the time that very day that they designed to go dowâ— and there was Mr. Ashton and Mr. Ellyot but the other Person did not appear as yet there the Sea-men were Ordered to go along with them and thence they went down to the Water side to Surrey Stairs and the Waterman was called and in the mean time came my Lord Preston and his Man to them and they four did go in that Boat by the Direction of the Master and were carryed on Board his Smack After they came on Board for I would note the particular Circumstances they were very apprehensive of Danger for they knew what they went about their own Guilt gave them Reason of Fear and when they came near a Man of War which lay at Anchor in Long-Reach in the River they desired the Master to hide them that they might be safe from any Search and they were hid and put close under the Hatches for some time afterwards when they came to another place of Danger it was by the Block-Houses at Graves-end as they apprehended there they desired to be hid again and so they were put in that place where they were in very difficult Circumstances under the Hatches and there they remained till a Pinnace that had been sent to enquire after them came and Boarded this same Vessel Upon its Boarding of them the Captain made a search and found these Gentlemen My Lord Preston Mr. Ashton and Mr. Ellyot and I suppose his Man also all hid under the Hatches Then the next thing which is observable Gentlemen and the Great Matter that will shew where the Treason was is this there was a Bundle of Papers that was on Board ready prepared if they had not been surprized but could have had an Opportunity for it to have been cast Over-Board and there was Lead fixt to it to have sunk it and Mr. Ashton the Prisoner at the Bar was the Person that concealed this Bundle of Papers betwixt his Body and his Coat and from thence it was taken by the Captain that took them When they were so taken the Captain according to his Duty was bringing the Prisoners to Whitehall they desired to go on Shore at Graves-End but the Captain did not think that so fit but carryed them on Board the George Frigot and then you will hear these Gentlemen did fall into a Treaty with the Captain to suppress these Papers and one Instance I remember they did tell him that since there were a parcel of Papers that he had taken out of my Lord Preston's Pocket he might take off the Lead and fix it to those Papers and sink the others and what should he have for it they promised him great Rewards they told him he might be a Great Man he had an Opportunity of making his Fortune and when that would not do they used many Threatnings to him all which will appear in the several Circumstances that the Witnesses will tell you of I come Gentlemen in the last place to shew you That all the whole Conspiracy all this Treason did lye hid under this Bundle of Papers that were taken from Mr. Ashton and so he might very well be afraid of having them opened for there you will find a formed Design to alter this Government by a French Power and Assistance and they contain so many Particulars that in regard I would not do the King's Evidence injury on the one hand nor the Prisoner on the other I will forbear repeating the Particular Instances Gentlemen You will have all the Letters and Papers Read but in the General I must needs say you will find it manifest that there is a black and wicked Conspiracy to introduce a Foreign Power to Establish the Protestant Religion and that by a Popish Interest and to settle our Laws Liberties and Properties by a French Army And let them pretend what they will for the Protestant Religion when you hear these Papers read no body will imagine it was to any other purpose if the Plot had taken Effect but to have what Religion what Laws the French King had pleased to impose upon us If the Prisoner be Guilty Gentlemen of these Matters I know you will do your Duty but if he be not Guilty God forbid that you should find him Guilty L. Ch. J. Holt. Call your Witnesses Brother Mr. Serj. Thompson We begin with Mrs. Pratt She was Sworn Sir W. Wil. Look you Mrs. Pratt here is now another Gentlemen at the Bar to be Tryed against whom you are called as a Witness Mrs. Pratt Yes my Lord. Sir W. Wil. Pray hear what we ask you Pray do you give the Court and the Jury an account what Treaty you have had with that Gentleman about a Vessel to go to France and what was done in it Mrs. Pratt If it please you my Lord I was sent for to Mr. Burdett's House in Queen-street by Cheap-side to know whether he could have a Smack to go for France I told him yes I could help him to one he told me there were two or three Gentlemen bound for France as Merchants to
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