of Preston and Ashton, will be
astonished by the contrast. 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. [11]

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
consider