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Both 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. 12

Elliot 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. Among these persons were Devonshire and Dorset. 16 There is not the slightest reason to believe that either of these great noblemen ever had any dealings, direct or indirect, with Saint Germains. It is not, however, necessary to accuse Penn of deliberate falsehood. He was credulous and garrulous. The Lord Steward and the Lord Chamberlain had shared in the vexation with which their party had observed the leaning of William towards the Tories; and they had probably expressed that vexation unguardedly. So weak a man as Penn, wishing to find Jacobites every where, and prone to believe whatever he wished, might easily put an erroneous construction on invectives such as the haughty and irritable Devonshire was but too ready to utter, and on sarcasms such as, in moments of spleen, dropped but too easily from the lips of the keenwitted Dorset. Caermarthen, a Tory, and a Tory who had been mercilessly persecuted by the Whigs, was disposed to make the most of this idle hearsay. But he received no encouragement from his master, who, of all the great politicians mentioned in history, was the least prone to suspicion. When William returned to England, Preston was brought before him, and was commanded to repeat the confession which had already been made to the ministers. The King stood behind the Lord President's chair and listened gravely while Clarendon, Dartmouth, Turner and Penn were named. But as soon as the prisoner, passing from what he could himself testify, began to repeat the stories which Penn had told him, William touched Caermarthen on the shoulder and said, "My Lord, we have had too much of this." 17 This judicious magnanimity had its proper reward. Devonshire and Dorset became from that day more zealous than ever in the cause of the master who, in spite of calumny for which their own indiscretion had perhaps furnished some ground, had continued to repose confidence in their loyalty. 18

Even those who were undoubtedly criminal were generally treated with great lenity. Clarendon lay in the Tower about six months. His guilt was fully established; and a party among the Whigs called loudly and importunately for his head. But he was saved by the pathetic entreaties of his brother Rochester, by the good offices of the humane and generous Burnet, and by Mary's respect for the memory of her mother. The prisoner's confinement was not strict. He was allowed to entertain his friends at dinner. When at length his health began to suffer from restraint, he was permitted to go into the country under the care of a warder; the warder was soon removed; and Clarendon was informed that, while he led a quiet rural life, he should not be molested. 19

The treason of Dartmouth was of no common dye. He was an English seaman; and he had laid a plan for betraying Portsmouth to the French, and had offered to take the command of a French squadron against his country. It was a serious aggravation of his guilt that he had been one of the very