The Solicitor General, Somers, conducted the prosecutions with a moderation and humanity of which his predecessors had left him no example. "I did never think," he said, "that it was the part of any who were of counsel for the King in cases of this nature to aggravate the crime of the prisoners, or to put false colours on the evidence."10 Holt's conduct was faultless. Pollexfen, an older man than Holt or Somers, retained a little,--and a little was too much,--of the tone of that bad school in which he had been bred. But, though he once or twice forgot the austere decorum of his place, he cannot be accused of any violation of substantial justice. The prisoners themselves seem to have been surprised by the fairness and gentleness with which they were treated. "I would not mislead the jury, I'll assure you," said Holt to Preston, "nor do Your Lordship any manner of injury in the world." "No, my Lord;" said Preston; "I see it well enough that Your Lordship would not." "Whatever my fate may be," said Ashton, "I cannot but own that I have had a fair trial for my life."The culprits gained nothing by the moderation of the Solicitor General or by the impartiality of the Court; for the evidence was irresistible. The meaning of the papers seized by Billop was so plain that the dullest juryman could not misunderstand it. Of those papers part was fully proved to be in Preston's handwriting. Part was in Ashton's handwriting but this the counsel for the prosecution had not the means of proving. They therefore rested the case against Ashton on the indisputable facts that the treasonable packet had been found in his bosom, and that he had used language which was quite unintelligible except on the supposition that he had a guilty knowledge of the contents.11Both Preston and Ashton were convicted and sentenced to death.
Ashton was speedily executed. He might have saved his life by making disclosures. But though he declared that, if he were spared, he would always be a faithful subject of Their Majesties, he was fully resolved not to give up the names of his accomplices. In this resolution he was encouraged by the nonjuring divines who attended him in his cell. It was probably by their influence that he was induced to deliver to the Sheriffs on the scaffold a declaration which he had transcribed and signed, but had not, it is to be hoped, composed or attentively considered. In this paper he was made to complain of the unfairness of a trial which he had himself in public acknowledged to have been eminently fair. He was also made to aver, on the word of a dying man, that he knew nothing of the papers which had been found upon him. Unfortunately his declaration, when inspected, proved to be in the same handwriting with one of the most important of those papers. He died with manly fortitude.12Elliot was not brought to trial. The evidence against him was not quite so clear as that on which his associates had been convicted; and he was not worth the anger of the government. The fate of Preston was long in suspense. The Jacobites affected to be confident that the government would not dare to shed his blood. He was, they said, a favourite at Versailles, and his death would be followed by a terrible retaliation. They scattered about the streets of London papers in which it was asserted that, if any harm befell him, Mountjoy, and all the other Englishmen of quality who were prisoners in France, would be broken on the wheel.13 These absurd threats would not have deferred the execution one day. But those who had Preston in their power were not unwilling to spare him on certain conditions. He was privy to all the counsels of the disaffected party, and could furnish information of the highest value. He was informed that his fate depended on himself. The struggle was long and severe. Pride, conscience, party spirit, were on one side; the intense love of life on the other. He went during a time irresolutely to and fro.
He listened to his brother Jacobites; and his courage rose. He listened to the agents of the government; and his heart sank within him. In an evening when he had dined and drunk his claret, he feared nothing. He would die like a man, rather than save his neck by an act of baseness. But his temper was very different when he woke the next morning, when the courage which he had drawn from wine and company had evaporated, when he was alone with the iron grates and stone walls, and when the thought of the block, the axe and the sawdust rose in his mind. During some time he regularly wrote a confession every forenoon when he was sober, and burned it every night when he was merry.14 His nonjuring friends formed a plan for bringing Sancroft to visit the Tower, in the hope, doubtless, that the exhortations of so great a prelate and so great a saint would confirm the wavering virtue of the prisoner.15 Whether this plan would have been successful may be doubted; it was not carried into effect; the fatal hour drew near; and the fortitude of Preston gave way. He confessed his guilt, and named Clarendon, Dartmouth, the Bishop of Ely and William Penn, as his accomplices. He added a long list of persons against whom he could not himself give evidence, but who, if he could trust to Penn's assurances, were friendly to King James.
