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our said lord the king, did with force and arms maliciously and traitorously receive and treat with the said William Jackson, at, &c. aforesaid, for the aid, assistance, and direction of the said William Jackson in the prosecution, performance, and execution of his traitorous purpose aforesaid, and did then and there maliciously and traitorously treat, consult, and converse with, and did then and there maliciously and traitorously aid, comfort, abet, and assist the said William Jackson in, about , and concerning the prosecution, performance, and execution of his the said William Jackson's traitorous purpose aforesaid. [Commencement of statement of overt act as ante 2.] Did Fourth overt conspire, consult, consent, and agree with the said John Hur- act conspirford Stone, William Jackson, and divers other false traitors ing to collect whose names are to the said jurors unknown, to collect and here and in obtain and cause to be* collected and obtained information and [*70] intelligence within this kingdom and the kingdom of Ireland, Ireland as to whether any and what part of the subjects of our said lord the the disposiking were disposed to aid and assist the said persons exercising jects to asthe powers of government in France, and being enemies of our sist invading said lord the king as aforesaid, in an hostile invasion of any enemy with and what part of this kingdom or of the kingdom of Ireland, communi for the prosecution of the said war against our said lord the cate same to king, and to communicate, notify and reveal, and cause to be enemy. 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.

tions of sub

intent to

tion as to

information

to enemy.

[Commencement of statement of overt act as ante 68.] Did Fifth overt inquire and cause to be inquired of divers persons in this king- act collectdom, and did collect and obtain and cause to be collected and ing informaobtained from such persons information and intelligence, whe- disaffected ther the subjects of our said lord the king were or were not persons in well affected to our said lord the king and his government, and order to send 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 an 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.

[Commencement of statement of overt act as ante 68.] Did Sixth overt obtain and in his custody and possession did keep divers let- act, obtain

Crin. Lau.

[blocks in formation]

ing and keeping like information

with intent

to reveal to

enemy.

[*71]

Seventh

overt act,

formation to

ters, notes, memorandums, and instructions in writing, containing information and intelligence how the subjects of our said lord the king were affected to our said lord the king and his government, and in what manner the said subjects were likely to act in case an hostile invasion of this kingdom should be made by the forces of the said 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 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 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 sending in- be delivered in foreign parts beyond the seas, divers other letenemy how ters, notes, memorandums, and intelligence in writing, containBritish sub- ing information and instruction how the subjects of our said jects were lord the king were affected to our said lord the king and his affected towards the government, and in what manner the said subjects were likely king. to act in case an hostile invasion of this kingdom should be made by the forces of the said 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, 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.

Eighth overt act, conspiring to raise rebellion and war in Ireland.

Ninth overt

[Commencement of statement of overt act as ante 68.] Did with the said William Jackson and divers other false traitors, whose names are to the said jurors unknown, conspire, consult, consent, and agree to raise, levy, and make insurrection, rebellion, 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 act, conspir- the said William Stone as such false traitor as aforesaid, during that W. J. should go ing the said war, to wit, on, &c. and on divers other days as to Ireland to well before as after that day, at, &c. aforesaid, with force and

there.

arms maliciously and traitorously did conspire, consult, con- raise rebelsent, and agree to, and with the said William Jackson and di- lion and war vers other false traitors, whose names are to the said jurors unknown, that he the said William Jackson should go to and land in the kingdom of Ireland, for the traitorous purpose of procuring and obtaining intelligence and information* whether [*72] the subjects of our said lord 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 an 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 maliciously 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.

with W. J.

[Commencement of statement of overt act as ante 68.] He Tenth overt the said William Stone, as such false traitor as aforesaid, after act, corresthe said William Jackson had gone to and landed in the said ponding kingdom of Ireland for the traitorous purpose last mentioned, in Ireland for and while the said William Jackson remained and continued in same traitorthe said kingdom of Ireland for the traitorous purpose last ous purmentioned, and during the said war, to wit, on, &c. and on poses. divers other days as well before 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.

W. J. with

[Commencement of statement of overt act as ante 68.] Did Eleventh furnish and supply, and cause to be furnished and supplied, and overt act, aid and assist in furnishing and supplying the said William supplying Jackson with divers sums of money, bills of exchange, and notes for payment of money, thereby to enable the said Wil- same traitorliam Jackson to fulfil, perform, and execute his, the said Wil- ous purpose. liam Jackson's traitorous purposes before mentioned, in con

money for

[*73]

Second
Count for

the king's enemies, with the

acts as in first count.

tempt 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 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.

And the jurors aforesaid, upon their oath aforesaid, do further present, that on, &c. aforesaid, [same as the first count to traitorously adhering to, the words "with all his strength intending," at the asterisk, aiding and and then proceed as follows,] to aid and assist the said persons comforting 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, with force and arms at, &c. aforesaid, maliciously and traitorously 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, 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. Second overt [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.]

First overt act.

act.

For treason,

first count,

the death

That an open and public war, on, &c. and long before, and ever since, hitherto by land and sea was and is yet carried on compassing and prosecuted by Louis the French king against our most seof the king, rene, illustrious, and excellent prince our said lord the king; and that one Francis Henry Delamotte, late of, &c. a subject pose him, on of our said lord the king of the kingdom of Great Britain, 25 Ed. III. st. well knowing the premises and not having the fear of God in 5. c. 2. (e)

and to de

his heart, nor weighing the duty of his allegiance, but being moved and seduced by the instigation of the devil as a false traitor against our most serene, illustrious, and excellent prince George the Third, now king of Great Britain, &c. and contriving and with all his strength intending the peace and tranquillity of this kingdom of Great Britain to disquiet, molest, and disturb, and the government of our said present sovereign lord the king of this kingdom of Great Britain, to change, subvert, and alter, * and our said lord the king from the royal

(e) See precedent, 4 Wentw. 1. 4 State Tr. 207. and other precedents, ante 64.

letters ap

forces, &c.

state, title, honour, power, imperial crown and government of this kingdom of Great Britain, to depose, and deprive our said lord the present king,* to death and final destruction to bring [74] and to put the faithful subjects of our said lord, and the freemen of this kingdom to bring into the most miserable servitude and slavery under the French king, he the said defendant on, &c. and on divers other days and times as well before as after that day, with force and arms, at, &c. falsely, wickedly, and traitorously, did compass, imagine, and intend our said present sovereign lord the king, of and from the royal state, crown, title, power, and government of this realm of Great Britain to depose and wholly deprive, and the same lord the First overt king to kill and bring and put to death, and to fulfil and perfect act, writing and bring to effect his said most wicked and evil treasons, prising enecompassings, and imaginations aforesaid, he the said defend- my of the ant as such false traitor during the war aforesaid, falsely, wick- state of the edly, and traitorously, did compose and write and cause to be British composed and written, divers letters and instructions in writ- (f) ing to shew and inform the said French king of the state, condition, and force of several of the ships of war of our said lord the king, and the number of the ships and forces of our said lord the king, then and there designed and prepared for the defence of this kingdom, and the enemies of the said realm to attack, repel, and resist, and how some of the ships of our said lord the king were manned, and for what time divers ships of war of our said lord the king were furnished with provisions, and of the stations of divers squadrons of ships of war of our said lord the king employed in carrying on and prosecuting the said war, and the names of the commanders of such squadron, and the number and force of the ships of war of which such squadrons consisted, and also the service on which divers other ships of war of our said lord the king were then employed in prosecuting and carrying on the said war, and also of the number and force of the ships of war of our said lord the king within certain ports of this kingdom, and of the state and condition of several of the said ships, and of the number of the land forces of our said lord the king in this realm and the dominions thereunto belonging, and of the times of the sailing of divers ships of war of our said lord the king, and the destination of the said ships, and the services on which such ships were employed, and of the times when other ships of war of our said lord the king were then expected to sail from this kingdom, and the voyages, cruizes, and services, upon which such ships were sailed, and also of the times when other ships of war of our said lord the king employed in the prosecuting and carrying on the said war were expected to arrive in this kingdom; and also of the times of the sailing of several ships and vessels belonging to [*75]

(f) As to the use in evidence of laying this overt act, see 1 Campb. 400.

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