Richard Graham, 1st Viscount Preston
Encyclopedia
Richard Graham, 1st Viscount Preston PC
(24 September 1648–1695) was an English
politician and diplomat. He became a Jacobite
conspirator, but his reputation in the Jacobite community suffered when he gave evidence against his co-conspirators in exchange for a pardon.
, on 24 September 1648, the eldest son of Sir George Graham, 2nd Baronet (d. 1658), of Netherby, son and heir of Sir Richard Graham, 1st Baronet (d. 1654). His mother was Lady Mary Johnstone, second daughter of James Johnstone, 1st Earl of Hartfell
. He was educated at Westminster School
under Dr Busby
, although not on the foundation. He proceeded to Christ Church, Oxford
, about 1664. On 4 February 1666 he graduated Master of Arts.
(MP) for Cockermouth
, Cumberland
, on 8 June 1675, in the place of John Clarke, deceased, and continued to represent that borough in the parliaments of 1678–9, 1679, and 1680–1. Though a Protestant he zealously advocated the right of James, Duke of York
, to the succession. Supported by other high Tories he moved in the Commons on behalf of the Duke against the Exclusion Bill
, 2 November 1680. His exertions were rewarded by his being created a peer of Scotland
by the title of Viscount Preston in the county of Haddington
, and Baron Graham of Eske. The patent, which is dated at Windsor Castle
on 12 May 1681, recites that Charles I
in 1635 had given the warrant to Sir Richard Graham, the patentee's grandfather, and that it had afterwards been burnt by the rebels
. In July 1681 Preston was in attendance on the Duke of York at Edinburgh
; on 1 August he took his place in the Parliament of Scotland
; and on 26 August was with the duke at Leith
, where he made a speech about the succession.
to the court of France
. His instructions included many relating to Orange
and Luxembourg
, and to the proposal to Charles II
to be the mediator of a peace between France and Spain, and relating to French excesses in the Netherlands. In August he gave notice that a plot for a descent upon Ireland was being concocted in France against Charles, and he employed spies to collect information on the subject. The king was not much disturbed, and ordered one of Preston's spies out of his presence as a liar. In September Preston presented a strongly worded memorial to the French king
'touching his seizing upon the citty of Orange
, looking on it as done to himself’. In October 1683 the Earl of Sunderland
by the king's commands gave Preston directions to let the ministers in France know 'what a very ill man Dr. Burnet
was.' Preston obeyed these orders, but declined to receive a visit from Burnet. He was ordered to endeavour to trace out Bomeny, the valet to the Arthur Capell, 1st Earl of Essex
, who was suspected of being privy to that nobleman's death in the Tower of London
. For his attention to the privileges in France of the Scottish people he gained the thanks of the Scottish royal boroughs
. In the beginning of 1684 he heard reports that he was to be recalled, but the king disavowed any such intention in a very cordial letter.
. He hoped to have been raised to the English peerage as Baron Liddell in Cumberland, but was disappointed on account of his adherence to his religion. In conjunction with Lord Middleton
he was entrusted by James with the management of the House of Commons which met on 19 May, was sworn a member of the privy council on 21 October, and five days later became chancellor to the queen-dowager
. In 1687 he was made Lord Lieutenant of Cumberland
and Westmorland
. At the end of October 1688 he was made northern Secretary
and chosen Lord President of the Council
in succession to the Earl of Sunderland, and was one of the council of five appointed by the king to represent him in London during his absence at Salisbury
in November 1688. He vainly endeavoured to impress upon James the necessity of moderation.
Preston, who was in high favour with Louis XIV
, was entrusted by the French government with considerable sums of money for political purposes. In a gesture, which was also intended to be a test case, James II
, created him, by letters patent dated at St. Germain-en-Laye
21 January 1689 Viscount Preston, of Netherby in the County of Cumberland
and Baron Liddall of Esk, in the Peerage of England
, which titles were not recognised subsequently by the House of Lords
. In March 1689 he was reported to be in the north of England concerting measures for the restoration of the king
. In May he was arrested, brought up to London, committed to the Tower, and not admitted to bail until 25 October. Meanwhile the Earl of Montagu
had commenced an action against him to recover the profits of the office of wardrobe
, for which he held a life patent for the place. Preston thereupon appeared before the House of Lords
on 11 November, claiming the privilege
of a peer of the realm in respect of the action at law. He stated that he had received a patent to be an English Peer from James II before the vote of abdication passed. The house thereupon sent him to the Tower, and instructed the attorney-general to prosecute him for a high misdemeanor. He was, however, released on making a humble apology and withdrawing his claim, 27 November. On the following day, he obtained a discharge from his recognisances in the court of king's bench
, no further notice being taken of his conduct in the north. On 28 June 1690 Lord Montagu won his action, being awarded £1,300 damages. Preston carried on his plots, and was still regarded by his party as a man of courage and honour. He retained the seals of his office, and was still considered by the Jacobites as the real secretary of state. The lord president, Carmarthen
, caused a watch to be set on his movements. In December 1690 a meeting of the leading Protestant Jacobites was held, at which it was determined that Preston should carry to St. Germain the resolutions of the conspirators.
making for Calais
or Dunkirk. A packet of treasonable papers, tied together and weighted in order to be sunk in case of surprise, was dropped by Preston with his official seals, and seized upon the person of Ashton, who had tried to conceal it. The prisoners vainly attempted to bribe their captors. On 3 January Preston was sent to the Tower, and on the 16th was indicted at the Old Bailey
in the name of Sir Richard Graham for high treason. He pleaded that as a peer of England he was not within the jurisdiction of the court, but this plea being overruled, he was on 17 January found guilty, and condemned to death two days afterwards. His estate and title of baronet were forfeited to the crown. Some months passed before his fate was decided. Lady Preston, on petitioning the queen for her husband's life, received an intimation that he could save himself by making a full discovery of the plot. During some time he regularly wrote, it is said, a confession every forenoon, and burned it every night when he had dined. At last he confessed his guilt, and named Clarendon
, Dartmouth
, Francis Turner
, 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. After several respites, the government, convinced that he could tell even more, again fixed a day for his execution. At length, on 1 May, he made a further confession, and gained thereby another reprieve of three weeks, 'which, 'tis believed,' writes Luttrell
, 'will end in a pardon’. A patent was passed for his pardon soon afterwards, and on 13 June he obtained his release. His estate was, however, still retained by the crown as security for his good behaviour, a supposed equivalent being granted him from the exchequer. Subsequently, in September 1693, the queen
granted £600 a year from the forfeited estate to Lady Preston and her children. The attainder
could not affect his Scottish peerage, as no act of forfeiture against him passed in Scotland. Early in August 1691 Preston was recommitted to Newgate Prison
for refusing to give evidence against some 'criminals,' but was soon bailed out. Thereafter he was permitted to retire to Nunnington Hall
in Yorkshire, pursued by the execrations of his party.
which he had made in 1680. It was published after his death at London in 1695-1696, and is remarkable on account of the allusions with which the preface is filled. In figurative language the translator complained that his judges had been more lenient than the friends who had sneered at him for giving way under trials which they had never undergone.
on 22 December 1695, and was buried in the chancel of the church. He married, on 2 August 1670, Lady Anne Howard, second daughter of Charles Howard, 1st Earl of Carlisle
, by whom he had with other issue a son, Edward (1679–1709), who succeeded him as second Viscount Preston. He also had two daughters, Catherine (1677–1757) and Mary (d.1753). They inherited the Nunnington estate in 1739 on the death of their nephew Charles (1706–1739), the third Viscount Preston (died without offspring).
Privy Council of England
The Privy Council of England, also known as His Majesty's Most Honourable Privy Council, was a body of advisers to the sovereign of the Kingdom of England...
(24 September 1648–1695) was an English
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
politician and diplomat. He became a Jacobite
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...
conspirator, but his reputation in the Jacobite community suffered when he gave evidence against his co-conspirators in exchange for a pardon.
Origins and education
Graham was born at Netherby, CumberlandCumberland
Cumberland is a historic county of North West England, on the border with Scotland, from the 12th century until 1974. It formed an administrative county from 1889 to 1974 and now forms part of Cumbria....
, on 24 September 1648, the eldest son of Sir George Graham, 2nd Baronet (d. 1658), of Netherby, son and heir of Sir Richard Graham, 1st Baronet (d. 1654). His mother was Lady Mary Johnstone, second daughter of James Johnstone, 1st Earl of Hartfell
James Johnstone, 1st Earl of Hartfell
James Johnstone, 1st Earl of Hartfell was a Scottish peer and royalist.-Background:He was the only son of Sir James Johnstone, the Warden of the West Marches and his wife Sarah, sister of William Maxwell, 5th Lord Herries of Terregles...
. He was educated at Westminster School
Westminster School
The Royal College of St. Peter in Westminster, almost always known as Westminster School, is one of Britain's leading independent schools, with the highest Oxford and Cambridge acceptance rate of any secondary school or college in Britain...
under Dr Busby
Richard Busby
The Rev. Dr. Richard Busby was an English Anglican priest who served as head master of Westminster School for more than fifty-five years.-Life:...
, although not on the foundation. He proceeded to Christ Church, Oxford
Christ Church, Oxford
Christ Church or house of Christ, and thus sometimes known as The House), is one of the largest constituent colleges of the University of Oxford in England...
, about 1664. On 4 February 1666 he graduated Master of Arts.
Rise to prominence
Graham was elected Member of ParliamentMember of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(MP) for Cockermouth
Cockermouth (UK Parliament constituency)
Cockermouth was the name of a constituency of the House of Commons of the Parliament of England in 1295, and again from 1641, then of the Parliament of Great Britain from 1707 to 1800 and of the Parliament of the United Kingdom from 1801 to 1918. It was a parliamentary borough represented by two...
, Cumberland
Cumberland
Cumberland is a historic county of North West England, on the border with Scotland, from the 12th century until 1974. It formed an administrative county from 1889 to 1974 and now forms part of Cumbria....
, on 8 June 1675, in the place of John Clarke, deceased, and continued to represent that borough in the parliaments of 1678–9, 1679, and 1680–1. Though a Protestant he zealously advocated the right of James, Duke of York
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
, to the succession. Supported by other high Tories he moved in the Commons on behalf of the Duke against the Exclusion Bill
Exclusion Bill
The Exclusion Crisis ran from 1678 through 1681 in the reign of Charles II of England. The Exclusion Bill sought to exclude the king's brother and heir presumptive, James, Duke of York, from the thrones of England, Scotland and Ireland because he was Roman Catholic...
, 2 November 1680. His exertions were rewarded by his being created a peer of Scotland
Peerage of Scotland
The Peerage of Scotland is the division of the British Peerage for those peers created in the Kingdom of Scotland before 1707. With that year's Act of Union, the Kingdom of Scotland and the Kingdom of England were combined into the Kingdom of Great Britain, and a new Peerage of Great Britain was...
by the title of Viscount Preston in the county of Haddington
Haddington, East Lothian
The Royal Burgh of Haddington is a town in East Lothian, Scotland. It is the main administrative, cultural and geographical centre for East Lothian, which was known officially as Haddingtonshire before 1921. It lies about east of Edinburgh. The name Haddington is Anglo-Saxon, dating from the 6th...
, and Baron Graham of Eske. The patent, which is dated at Windsor Castle
Windsor Castle
Windsor Castle is a medieval castle and royal residence in Windsor in the English county of Berkshire, notable for its long association with the British royal family and its architecture. The original castle was built after the Norman invasion by William the Conqueror. Since the time of Henry I it...
on 12 May 1681, recites that Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
in 1635 had given the warrant to Sir Richard Graham, the patentee's grandfather, and that it had afterwards been burnt by the rebels
Roundhead
"Roundhead" was the nickname given to the supporters of the Parliament during the English Civil War. Also known as Parliamentarians, they fought against King Charles I and his supporters, the Cavaliers , who claimed absolute power and the divine right of kings...
. In July 1681 Preston was in attendance on the Duke of York at Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
; on 1 August he took his place in the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
; and on 26 August was with the duke at Leith
Leith
-South Leith v. North Leith:Up until the late 16th century Leith , comprised two separate towns on either side of the river....
, where he made a speech about the succession.
Diplomatic career
In May 1682 he succeeded Henry Savile as envoy extraordinaryDiplomatic rank
Diplomatic rank is the system of professional and social rank used in the world of diplomacy and international relations. Over time it has been formalized on an international basis.-Ranks:...
to the court of France
Louis XIV of France
Louis XIV , known as Louis the Great or the Sun King , was a Bourbon monarch who ruled as King of France and Navarre. His reign, from 1643 to his death in 1715, began at the age of four and lasted seventy-two years, three months, and eighteen days...
. His instructions included many relating to Orange
Principality of Orange
The Principality of Orange was a feudal state in Provence, in the south of modern-day France, on the left bank of the River Rhone north of the city of Avignon....
and Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, and to the proposal to Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
to be the mediator of a peace between France and Spain, and relating to French excesses in the Netherlands. In August he gave notice that a plot for a descent upon Ireland was being concocted in France against Charles, and he employed spies to collect information on the subject. The king was not much disturbed, and ordered one of Preston's spies out of his presence as a liar. In September Preston presented a strongly worded memorial to the French king
Louis XIV of France
Louis XIV , known as Louis the Great or the Sun King , was a Bourbon monarch who ruled as King of France and Navarre. His reign, from 1643 to his death in 1715, began at the age of four and lasted seventy-two years, three months, and eighteen days...
'touching his seizing upon the citty of Orange
Orange, Vaucluse
Orange is a commune in the Vaucluse department in the Provence-Alpes-Côte d'Azur region in southeastern France.It has a primarily agricultural economy...
, looking on it as done to himself’. In October 1683 the Earl of Sunderland
Robert Spencer, 2nd Earl of Sunderland
Robert Spencer, 2nd Earl of Sunderland KG, PC was an English statesman and nobleman.-Life:Born in Paris, son of Henry Spencer, 1st Earl of Sunderland, Spencer inherited his father's peerage dignities at the age of three, becoming Baron Spencer of Wormleighton and Earl of Sunderland...
by the king's commands gave Preston directions to let the ministers in France know 'what a very ill man Dr. Burnet
Gilbert Burnet
Gilbert Burnet was a Scottish theologian and historian, and Bishop of Salisbury. He was fluent in Dutch, French, Latin, Greek, and Hebrew. Burnet was respected as a cleric, a preacher, and an academic, as well as a writer and historian...
was.' Preston obeyed these orders, but declined to receive a visit from Burnet. He was ordered to endeavour to trace out Bomeny, the valet to the Arthur Capell, 1st Earl of Essex
Arthur Capell, 1st Earl of Essex
Arthur Capell, 1st Earl of Essex PC , whose surname is sometimes spelled Capel, was an English statesman.-Early life:...
, who was suspected of being privy to that nobleman's death in the Tower of London
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
. For his attention to the privileges in France of the Scottish people he gained the thanks of the Scottish royal boroughs
Royal burgh
A royal burgh was a type of Scottish burgh which had been founded by, or subsequently granted, a royal charter. Although abolished in 1975, the term is still used in many of the former burghs....
. In the beginning of 1684 he heard reports that he was to be recalled, but the king disavowed any such intention in a very cordial letter.
Political career under James II
Preston returned home at the accession of James II, and on 2 April 1685 was elected M.P. for CumberlandCumberland (UK Parliament constituency)
Cumberland is a former United Kingdom Parliamentary constituency. It was a constituency of the House of Commons of the Parliament of England then of the Parliament of Great Britain from 1707 to 1800 and of the Parliament of the United Kingdom from 1801 to 1832. It was represented by two Knights of...
. He hoped to have been raised to the English peerage as Baron Liddell in Cumberland, but was disappointed on account of his adherence to his religion. In conjunction with Lord Middleton
Charles Middleton, 2nd Earl of Middleton
Charles Middleton, 2nd Earl of Middleton, Jacobite 1st Earl of Monmouth, PC was a Scottish and English politician who held several offices under Charles II and James II & VI...
he was entrusted by James with the management of the House of Commons which met on 19 May, was sworn a member of the privy council on 21 October, and five days later became chancellor to the queen-dowager
Catherine of Braganza
Catherine of Braganza was a Portuguese infanta and queen consort of England, Scotland and Ireland as the wife of King Charles II.She married the king in 1662...
. In 1687 he was made Lord Lieutenant of Cumberland
Lord Lieutenant of Cumberland
This is a list of people who have served as Lord Lieutenant of Cumberland. From 1765 to 1974, all Lord Lieutenants were also Custos Rotulorum of Cumberland.*Henry Hastings, 3rd Earl of Huntingdon 20 August 1586 – 14 December 1595*vacant?...
and Westmorland
Lord Lieutenant of Westmorland
This is a list of people who have served as Lord-Lieutenant of Westmorland. The office was abolished on 31 March 1974 and replaced by the Lord Lieutenant of Cumbria...
. At the end of October 1688 he was made northern Secretary
Secretary of State for the Northern Department
The Secretary of State for the Northern Department was a position in the Cabinet of the government of Great Britain up to 1782. Before the Act of Union, 1707, the Secretary of State's responsibilities were in relation to the English government, not the British. Even after the Union, there was...
and chosen Lord President of the Council
Lord President of the Council
The Lord President of the Council is the fourth of the Great Officers of State of the United Kingdom, ranking beneath the Lord High Treasurer and above the Lord Privy Seal. The Lord President usually attends each meeting of the Privy Council, presenting business for the monarch's approval...
in succession to the Earl of Sunderland, and was one of the council of five appointed by the king to represent him in London during his absence at Salisbury
Salisbury
Salisbury is a cathedral city in Wiltshire, England and the only city in the county. It is the second largest settlement in the county...
in November 1688. He vainly endeavoured to impress upon James the necessity of moderation.
Jacobite conspirator
After the revolutionGlorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
Preston, who was in high favour with Louis XIV
Louis XIV of France
Louis XIV , known as Louis the Great or the Sun King , was a Bourbon monarch who ruled as King of France and Navarre. His reign, from 1643 to his death in 1715, began at the age of four and lasted seventy-two years, three months, and eighteen days...
, was entrusted by the French government with considerable sums of money for political purposes. In a gesture, which was also intended to be a test case, James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
, created him, by letters patent dated at St. Germain-en-Laye
Château de Saint-Germain-en-Laye
The Château de Saint-Germain-en-Laye is a royal palace in the commune of Saint-Germain-en-Laye, in the département of Yvelines, about 19 km west of Paris, France. Today, it houses the Musée d'Archéologie Nationale ....
21 January 1689 Viscount Preston, of Netherby in the County of Cumberland
Cumberland
Cumberland is a historic county of North West England, on the border with Scotland, from the 12th century until 1974. It formed an administrative county from 1889 to 1974 and now forms part of Cumbria....
and Baron Liddall of Esk, in the Peerage of England
Peerage of England
The Peerage of England comprises all peerages created in the Kingdom of England before the Act of Union in 1707. In that year, the Peerages of England and Scotland were replaced by one Peerage of Great Britain....
, which titles were not recognised subsequently by the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. In March 1689 he was reported to be in the north of England concerting measures for the restoration of the king
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
. In May he was arrested, brought up to London, committed to the Tower, and not admitted to bail until 25 October. Meanwhile the Earl of Montagu
Ralph Montagu, 1st Duke of Montagu
Ralph Montagu, 1st Duke of Montagu was an English courtier and diplomat.-Life:He was the second son of Edward Montagu, 2nd Baron Montagu of Boughton and Anne Winwood, daughter of the Secretary of State Ralph Winwood...
had commenced an action against him to recover the profits of the office of wardrobe
Wardrobe (government)
The wardrobe, along with the chamber, made up the personal part of medieval English government known as the king's household. Its chief officer went under the title of Master or Keeper of the Great Wardrobe. As a result, the wardrobe often appropriated large funds from the exchequer, the main...
, for which he held a life patent for the place. Preston thereupon appeared before the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
on 11 November, claiming the privilege
Privilege of Peerage
The privilege of peerage is the body of special privileges belonging to members of the British peerage. It is distinct from Parliamentary privilege, which applies only to those peers serving in the House of Lords and the members of the House of Commons, while Parliament is in session and forty days...
of a peer of the realm in respect of the action at law. He stated that he had received a patent to be an English Peer from James II before the vote of abdication passed. The house thereupon sent him to the Tower, and instructed the attorney-general to prosecute him for a high misdemeanor. He was, however, released on making a humble apology and withdrawing his claim, 27 November. On the following day, he obtained a discharge from his recognisances in the court of king's bench
Court of King's Bench (England)
The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...
, no further notice being taken of his conduct in the north. On 28 June 1690 Lord Montagu won his action, being awarded £1,300 damages. Preston carried on his plots, and was still regarded by his party as a man of courage and honour. He retained the seals of his office, and was still considered by the Jacobites as the real secretary of state. The lord president, Carmarthen
Thomas Osborne, 1st Duke of Leeds
Thomas Osborne, 1st Duke of Leeds, KG , English statesman , served in a variety of offices under Kings Charles II and William III of England.-Early life, 1632–1674:The son of Sir Edward Osborne, Bart., of Kiveton, Yorkshire, Thomas Osborne...
, caused a watch to be set on his movements. In December 1690 a meeting of the leading Protestant Jacobites was held, at which it was determined that Preston should carry to St. Germain the resolutions of the conspirators.
Arrest, trial and pardon
Soon after midnight on 1 January 1691 Preston, Major Edmund Elliott, and John Ashton were seized as they lay concealed in the hatches of a smackSmack (ship)
A smack was a traditional fishing boat used off the coast of England and the Atlantic coast of America for most of the 19th century, and even in small numbers up to the Second World War. It was originally a cutter rigged sailing boat until about 1865, when the smacks became so large that cutter...
making for Calais
Calais
Calais is a town in Northern France in the department of Pas-de-Calais, of which it is a sub-prefecture. Although Calais is by far the largest city in Pas-de-Calais, the department's capital is its third-largest city of Arras....
or Dunkirk. A packet of treasonable papers, tied together and weighted in order to be sunk in case of surprise, was dropped by Preston with his official seals, and seized upon the person of Ashton, who had tried to conceal it. The prisoners vainly attempted to bribe their captors. On 3 January Preston was sent to the Tower, and on the 16th was indicted at the Old Bailey
Old Bailey
The Central Criminal Court in England and Wales, commonly known as the Old Bailey from the street in which it stands, is a court building in central London, one of a number of buildings housing the Crown Court...
in the name of Sir Richard Graham for high treason. He pleaded that as a peer of England he was not within the jurisdiction of the court, but this plea being overruled, he was on 17 January found guilty, and condemned to death two days afterwards. His estate and title of baronet were forfeited to the crown. Some months passed before his fate was decided. Lady Preston, on petitioning the queen for her husband's life, received an intimation that he could save himself by making a full discovery of the plot. During some time he regularly wrote, it is said, a confession every forenoon, and burned it every night when he had dined. At last he confessed his guilt, and named Clarendon
Henry Hyde, 2nd Earl of Clarendon
Henry Hyde 2nd Earl of Clarendon PC was an English aristocrat and politician. He held high office at the beginning of the reign of James II of England, who had married his sister.-Early life:...
, Dartmouth
George Legge, 1st Baron Dartmouth
Admiral George Legge, 1st Baron Dartmouth PC was an English naval commander who gave distinguished service to both Charles II and James II.-Biography:...
, Francis Turner
Francis Turner (bishop)
Francis Turner D.D. was Bishop of Ely, one of the seven bishops who petitioned against the Declaration of Indulgence and one of the nine bishops who refused to take the oath of allegiance to William III.-Family and education:...
, Bishop of Ely
Bishop of Ely
The Bishop of Ely is the Ordinary of the Church of England Diocese of Ely in the Province of Canterbury. The diocese roughly covers the county of Cambridgeshire , together with a section of north-west Norfolk and has its see in the City of Ely, Cambridgeshire, where the seat is located at the...
, and William Penn
William Penn
William Penn was an English real estate entrepreneur, philosopher, and founder of the Province of Pennsylvania, the English North American colony and the future Commonwealth of Pennsylvania. He was an early champion of democracy and religious freedom, notable for his good relations and successful...
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. After several respites, the government, convinced that he could tell even more, again fixed a day for his execution. At length, on 1 May, he made a further confession, and gained thereby another reprieve of three weeks, 'which, 'tis believed,' writes Luttrell
Narcissus Luttrell
Narcissus Luttrell was an English historian, diarist, and bibliographer, and briefly Member of Parliament for two different Cornish towns...
, 'will end in a pardon’. A patent was passed for his pardon soon afterwards, and on 13 June he obtained his release. His estate was, however, still retained by the crown as security for his good behaviour, a supposed equivalent being granted him from the exchequer. Subsequently, in September 1693, the queen
Mary II of England
Mary II was joint Sovereign of England, Scotland, and Ireland with her husband and first cousin, William III and II, from 1689 until her death. William and Mary, both Protestants, became king and queen regnant, respectively, following the Glorious Revolution, which resulted in the deposition of...
granted £600 a year from the forfeited estate to Lady Preston and her children. The attainder
Attainder
In English criminal law, attainder or attinctura is the metaphorical 'stain' or 'corruption of blood' which arises from being condemned for a serious capital crime . It entails losing not only one's property and hereditary titles, but typically also the right to pass them on to one's heirs...
could not affect his Scottish peerage, as no act of forfeiture against him passed in Scotland. Early in August 1691 Preston was recommitted to Newgate Prison
Newgate Prison
Newgate Prison was a prison in London, at the corner of Newgate Street and Old Bailey just inside the City of London. It was originally located at the site of a gate in the Roman London Wall. The gate/prison was rebuilt in the 12th century, and demolished in 1777...
for refusing to give evidence against some 'criminals,' but was soon bailed out. Thereafter he was permitted to retire to Nunnington Hall
Nunnington Hall
Nunnington Hall is a country house situated in the English county of North Yorkshire. The river Rye, which gives its name to the local area, Ryedale, runs past the house, flowing away from the village of Nunnington...
in Yorkshire, pursued by the execrations of his party.
Translator of Boethius
Preston employed the remainder of his life in revising for the press a translation with notes of Boethius's De Consolatione PhilosophiaeConsolation of Philosophy
Consolation of Philosophy is a philosophical work by Boethius, written around the year 524. It has been described as the single most important and influential work in the West on Medieval and early Renaissance Christianity, and is also the last great Western work that can be called Classical.-...
which he had made in 1680. It was published after his death at London in 1695-1696, and is remarkable on account of the allusions with which the preface is filled. In figurative language the translator complained that his judges had been more lenient than the friends who had sneered at him for giving way under trials which they had never undergone.
Death and posterity
Preston died at Nunnington HallNunnington Hall
Nunnington Hall is a country house situated in the English county of North Yorkshire. The river Rye, which gives its name to the local area, Ryedale, runs past the house, flowing away from the village of Nunnington...
on 22 December 1695, and was buried in the chancel of the church. He married, on 2 August 1670, Lady Anne Howard, second daughter of Charles Howard, 1st Earl of Carlisle
Charles Howard, 1st Earl of Carlisle
Charles Howard, 1st Earl of Carlisle was an English politician and military leader.The first in the Howard line of earls, he was the son and heir of Sir William Howard, of Naworth in Cumberland, by Mary, daughter of William, Lord Eure, and great-grandson of Lord William Howard, "Belted Will" , the...
, by whom he had with other issue a son, Edward (1679–1709), who succeeded him as second Viscount Preston. He also had two daughters, Catherine (1677–1757) and Mary (d.1753). They inherited the Nunnington estate in 1739 on the death of their nephew Charles (1706–1739), the third Viscount Preston (died without offspring).