with intent to cate same In a hostile invasion of any and what part of this kingdom or of enemy the kingdom of Ireland, for the prosecution of the said war against our said lord the king, and to communicate, notify and reveal, and communicause to be communicated, notified and revealed such intelligence to enemy. and information to the said persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, for the aid, assistance, direction, and instruction of the said enemies of our said lord the king, in their conduct and prosecution of the said war against our said lord the king. formation to enemy. [Commencement of statement of overt act as ante 68.] Did in- Fifth overt quire and cause to be inquired of divers persons in this kingdom, act, collecting inand did collect and obtain and cause to be collected and obtained formation from such persons information and intelligence, whether the subaffected jects of our said lord the king were or were not well affected to persons in order to our said lord the king and his government, and were or were not send inlikely to join with and assist the forces of the said persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, in case a hostile invasion should be by them made into this kingdom for the prosecution of the said war against our said lord the king, with intent to communicate, notify, and reveal, and cause to be communicated, notified, and revealed, such intelligence and information to the said persons exercising the powers of government in France, and enemies of our said lord the king as aforesaid, for the aid, assistance, direction, and instruction of the said enemies of our said lord the king, in their conduct and prosecution of the said war against our said lord the king. overt act, obtaining intent to [Commencement of statement of overt act as ante 68.] Did obtain Sixth and in his custody and possession did keep divers letters, notes, memorandums, and instructions in writing, containing information and keepand intelligence how the subjects of our said lord the king were ing like informaaffected to our said lord the king and his government, and in what tion with manner the said subjects were likely to act in case a hostile inva- to reveal sion of this kingdom should be made by the forces of the said to enemy. persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, for the prosecution of the said war against our said lord the king, with intent to communicate, notify, reveal, and cause to be communicated, notified, *and revealed, such intelligence and information to the said per- [*71] sons exercising the powers of government in France, and being Seventh overt act, sending information to enemy enemies of our said lord the king as aforesaid, for the aid, assistance, direction, and instruction of the said enemies of our said lord the king as aforesaid, in their conduct and prosecution of the said war against our said lord the king. [Commencement of statement of overt act as ante 68.] Did send and cause and procure to be sent from this kingdom, to be delivered in foreign parts beyond the seas, divers other letters, notes, memorandums, and intelligence in writing, containing information and how Bri- instruction how the subjects of our said lord the king were affected jects were to our said lord the king and his government, and in what manner the said subjects were likely to act in case a hostile invasion of the king. this kingdom should be made by the forces of the said persons tish sub affected towards Eighth to raise rebellion and war exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, for the prosecution of the said war against our said lord the king, with intent to communicate, notify, and reveal, and cause to be communicated, notified, and revealed, such intelligence and information to the said persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, for the aid, assistance, direction, and instruction of the said enemies of our said lord the king in their conduct and prosecution of the said war against our said lord the king. [Commencement of statement of overt act as ante 68.] Did overt act, with the said William Jackson and divers other false traitors, conspiring whose names are to the said jurors unknown, conspire, consult, consent, and agree to raise, levy, and make insurrection, rebellion, in Ireland. and war against our said lord the king within his kingdom of Ireland, and to cause, procure, and incite the said persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, to invade the kingdom of Ireland with ships and armed men, and to carry on the said war against our said lord the king within the said kingdom of Ireland. [Commencement of statement of overt act as ante 68.] He the overt act, said William Stone as such false traitor as aforesaid, during the conspiring that W. J. said war, to wit, on, &c. and on divers other days as well before as should go after that day, at, &c. aforesaid, with force and arms maliciously to Ireland to raise re- and traitorously did conspire, consult, consent, and agree to, and bellion and war there. with the said William Jackson and divers other false traitors, Ninth whose names are to the said jurors unknown, that he the said William Jackson should go to and land in the kingdom of Ire land, for the traitorous purpose of procuring and obtaining intelligence and information whether the subjects of our said lord [*72] the king of his kingdom of Ireland were or were not well affected to our said lord the king and his government, and were or were not likely to join with and assist the forces of the said persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, in case a hostile invasion of the said kingdom of Ireland should be made by them for the prosecution of the said war against our said lord the king, and of sending and causing to be sent such intelligence and information to the said persons exercising the powers of government in France, and being enemies of our said lord the king as aforesaid, for the aid, assistance, direction, and instruction of the said enemies of our said lord the king in their conduct and prosecution of the said war against our said lord the king, and did then and there mali, ciously and traitorously aid and assist the said William Jackson in going to and landing in the said kingdom of Ireland, for the prosecution, performance, and execution of the traitorous purpose last mentioned, and which said William Jackson, in pursuance of the said last mentioned conspiracy, consultation, consent, and agreement, heretofore and during the said war, to wit, on, &c. did go to and land in the kingdom of Ireland, and did stay and continue there for a long time, to wit, for the space of one month, for the prosecution, performance, and execution of the traitorous purpose last mentioned. corres with W. J. in Ire [Commencement of statement of overt act as ante 68.] He the Tenth said William Stone, as such false traitor as aforesaid, after the said overt act, William Jackson had gone to and landed in the said kingdom of ponding Ireland for the traitorous purpose last mentioned, and while the said William Jackson remained and continued in the said kingdom of land for same traiIreland for the traitorous purpose last mentioned, and during the torous said war, to wit, on, &c. and on divers other days as well before purposes. as after that day, at, &c. aforesaid, with force and arms maliciously and traitorously did correspond with, advise, counsel, aid, abet, and assist the said William Jackson in and about the prosecution, performance, and execution of the traitorous purpose last mentioned. [Commencement of statement of overt act as ante 68.] Did Eleventh furnish and supply and cause to be furnished and supplied, and overt act, supplying aid and assist in furnishing and supplying the said William Jack- W.J. with purpose. money for son with divers sums of money, bills of exchange, and notes for same trai. torous payment of money, thereby to enable the said William Jackson to fulfil, perform, and execute his, the said William Jackson's traitorous purposes before mentioned, in contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, contrary to the duty of the allegiance of him [*73] the said William * Stone, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity. Second And the jurors aforesaid, upon their oath aforesaid, do further traitorous-present, that on, &c. aforesaid, [same as the first count to the count for ly adhering to, aiding and comforting the king's enemies with the same words "with all his strength intending," at the †, and then proceed as follows,] to aid and assist the said persons exercising the powers of government in France, and being enemies of our said lord the king, in the prosecution of the said war against our said lord the king, heretofore and during the said war, to wit, on, &c. aforesaid, and on divers other days as well before as after that day, overt acts with force and arms at, &c. aforesaid, maliciously and traitorously as in first count. was adhering to and aiding and comforting the said persons exercising the powers of government in France, then being enemies of our said lord the king as aforesaid, and that in the prosecution, First overt performance, and execution of his treason and traitorous adhering aforesaid, he the said William Stone as such false traitor as aforesaid, during the said war, to wit, on, &c. aforesaid, and on divers other days as well before as after that day, at, &c. aforesaid, with force and arms maliciously and traitorously did, &c. [same overt act as the first in first count.] And in further prosecution, performance, and execution of his treason and traitorous adhering aforesaid, he the said William Stone, &c. [Same overt acts stating the adherence" here follow, precisely as in first count, and the second count concluded the same as the first.] act. Second overt act. Other Assembling with other traitors to procure sums of money and on indict. armed men, and to levy war within this kingdom against the king. overt acts ment for compassing depo 4 vol. Stat. Trial. 207. Assembling, and consulting concerning the mode of compasssition and ing the deposition and death of the king. Trem. P. C. 2. death of the king. [*79] Promising to assist said traitorous purposes, by providing arms and armed men. Trem. P. C. 2. Procuring arms in order to effect said treasonable purposes. Trem. P. C. 2. Assembling in armed and warlike array, and levying war against the king within the realm. Trem. P. C. 3. Aiding and assisting with provision, and otherwise, persons, who had traitorously levied war in the kingdom. Trem. P. C. 3. Publishing a traitorous declaration of the Duke of Monmouth's. Trem. P. C. 5. Comforting and assisting with money a traitor who he knew had fled. Trem. P. C. 6. 2 Stra. 904. Conspiring to seize Chester castle, and the stores within, and taking a journey for that purpose. Trem. P. C. 158. Levying public war in the realm. Fost. C. L. 6. Seizing and taking possession of city of Carlisle, and castle thereof, and holding same against the king. Fost. C. L. 8. king in his 25 Ed. III. [Commencement of indictment, as ante 2.] That Thomas For high Hardy, late of, &c. [and eight others] being subjects of our said treason in conspiring lord the king, not having the fear of God in their hearts, nor to levy war against the weighing the duty of their allegiance, but being moved and seduced by the instigation of the devil as false traitors against our said realm, on lord the king, their supreme, true, lawful, and undoubted lord, and st. 5. c. 2. wholly withdrawing the cordial love and true and due obedience, (h) which every true and faithful subject of our said lord the king should and of right ought to bear towards our said lord the king, and contriving and with all their strength intending traitorously to break and disturb the peace and common tranquillity of this kingdom of Great Britain, and to stir, move, and excite insurrection, rebellion, and war against our said lord the king within this kingdom, and to subvert and alter the legislature, rule, and government, now duly and happily established in this kingdom, and to depose our said lord the king, from the royal state, title, power, and government of this kingdom, and to bring and put our said lord the king to death on the first day of March, in the thirty-third year of the reign of our sovereign lord the now king, and on divers other days and times as well before as after, at, &c. aforesaid, maliciously, with force and * arms, &c. did, amongst themselves [*80] and together with divers other false traitors, whose names are to the said jurors unknown, conspire, compass, imagine, and intend to stir up, move, and excite insurrection, rebellion, and war, (h) See indictment at length 4. Tooke, and others. See also 1 East, Wentw. 14. to 20. against Hardy, P. C. 60. 98. |