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<DATE>2014-02-28</DATE>
<RESPSTMT>
<NAME>Brian Matzge</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Checklist: x *Add TEMPHEAD, change DATE, validate x *Review structure: FRONT,BODY, BACK, DIV or rarely GROUP x *Add DIV TYPEs, make sure that types makes sense as a navigational aide, and work in the context of the whole text, validate x *Survey book for troublesome formats of all kinds, including lists, illustrations, tables, music, math, end-notes, quasi-tabular arrangments, and marginalia. x *Proof title page(s) x *Examine marginalia. Is it all best tagged as NOTE? x *Observe divtop and divbottom material marking beginnings and ends of divisions, check that they are correctly tagged as HEAD, TRAILER, OPENER, CLOSER, ARGUMENT, EPIGRAPH, SIGNED, DATELINE, BYLINE, etc. x *Check for GAPs x *Check PB placement and completeness, ensure sequence of N="" x *Check ^, italic I / J, _Initals, space between &amp;c. x *Check for illustrations and correct usage of FIGURE. Add FIGDESCs if necessary. x *Check q; startq endq Q x *If appropriate, check for yoghs. x *If appropriate, check for Latin problems, e.g. oe and ae digraphs x *If appropriate, check for abbreviation and brevigraph problems. x *If appropriate, check for units of measure, symbols (alchemical, astronomical, etc.) and the like. x *Correct illegibles from proofsheet x *Check illegible page, para, line, span, word, dollar signs x *Run Check x *Final validate Corrected [ ] illegible groups out of [ ]. Converted [ ] illegible groups to GAP DESC="illegible". DONE</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B17220">
<STC T="W">A3759</STC>
<STC T="C">R18506</STC>
<BIBNO T="oclc">[ocm]17810998</BIBNO>
<VID>106667</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="license">
<PB REF="1">
<P>I do appoint <HI>Samuel Heyrick</HI> and <HI>I&s;aac Cleve</HI> to Print the Tryal of Sir <HI>John Friend,</HI> Kt. and that no other Per&s;on pre&s;ume to Print the &s;ame.</P>
<CLOSER><DATELINE><DATE><HI>Mar.</HI> 24. 1695/6.</DATE></DATELINE>
<SIGNED>J. Holt.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE ARRAIGNMENT, TRYAL, AND CONDEMNATION, OF Sir <HI>JOHN FRIEND,</HI> Knight, FOR <HI>High Trea&s;on,</HI></P>
<P>In Endeavouring to procure FORCES from <HI>France</HI> to Invade this Kingdom, and Con|&s;piring to Levy WAR in this Realm for A&s;&s;i&s;ting and Abetting the &s;aid <HI>Inva&s;ion,</HI> in order to the Depo&s;ing of His Sacred Ma|je&s;ty King <HI>William,</HI> and re&s;toring the late King.</P>
<P><HI>At the</HI> Se&s;&s;ions-hou&s;e <HI>in the</HI> Old-Bayly, <HI>on Monday</HI> March 23. 1695/6.</P>
<P><HI>And Peru&s;ed by the Lord Chief Ju&s;tice</HI> Holt, <HI>and the King's Council, who were pre&s;ent at the Tryal.</HI></P>
<P><HI>LONDON,</HI> Printed for <HI>Samuel Heyrick,</HI> at <HI>Grays-Inn-Gate</HI> in <HI>Holborn;</HI> and <HI>I&s;aac Cleve,</HI> at <HI>Serjeants Inn-Gate</HI> in <HI>Chancery-Lane.</HI> 1696.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>Die Lunae Vice&s;imo tertio Martis <HI>1695.</HI> Anno Regni Regis <HI>Gulielmi</HI> Tertii Octavo. At the Se&s;&s;ions-Hou&s;e in the <HI>Old-Baily,</HI> this Day came on the Trial of Sir <HI>JOHN FREIND,</HI> Knight, for High-Trea&s;on, in Com|pa&s;&s;ing and Imagining the Death and De&s;truction of His pre&s;ent Maje&s;ty King <HI>William,</HI> upon an Indictment found by the Grand-Jury for the City of <HI>London,</HI> upon the Se&s;&s;ions of <HI>Oyer</HI> and <HI>Terminer</HI> and Gaol-Delivery of <HI>Newgate,</HI> on <HI>Saturday</HI> the 21&s;t. In&s;tant.</HEAD>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>CRyer, make Proclamation.</P>
</SP>
<SP>
<SPEAKER>Cryer.</SPEAKER>
<P>Oyez, thrice. All manner of Per&s;ons that have any thing more to do at this General Se&s;&s;ions of the Peace, Se&s;&s;ions of <HI>Oyer</HI> and <HI>Terminer,</HI> holden for the City of <HI>London,</HI> and Goal-delivery of <HI>Newgate,</HI> holden for the City of <HI>London,</HI> and County of <HI>Middle&s;ex,</HI> Ad|journed over to this day; Draw near, and give your attendance, for now they will proceed to the Pleas of the Crown for the &s;aid City, and County; and God &s;ave King <HI>William.</HI></P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>Make proclamation again.</P>
</SP>
<SP>
<SPEAKER>Cryer.</SPEAKER>
<P>Oyez. You good men of the City of <HI>London</HI> &s;ummoned to appear here this day, to try between our Sovereign Lord the King, and the Pri&s;oner that is to be at the Bar; an&s;wer to your names as you &s;hall be called every man at the fir&s;t Call, upon pain and peril that will fall thereon.</P>
<P>Then the Petty Jury were all called over, and the Appearances of tho&s;e that an|&s;wered to the Call, were recorded.</P>
<P>About Ten a Clock the Lord Chief Ju&s;tice <HI>Holt,</HI> the Lord Chief Ju&s;tice <HI>Treby,</HI> Mr. Ju&s;tice <HI>Nevill,</HI> and Mr. Ju&s;tice <HI>Rokeby,</HI> came into the Court; and there being a great confluence of the Nobility and Gentry there pre&s;ent, the Pri&s;oner was ordered to be brought to the Bar; which was done accordingly.</P>
</SP>
<SP>
<SPEAKER>Cl of Arr.</SPEAKER>
<P>Sir <HI>John Freind.</HI> Hold up thy Hand.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, I humbly move that I may have one <HI>William Courtney</HI> (who is to be a principal Witne&s;s for me at my Trial, and is now a Pri&s;oner in the <HI>Gatehou&s;e</HI>) &s;ent for.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Is he your Witne&s;s, Sir <HI>John?</HI></P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>Yes, my Lord, <HI>William Courtney</HI> is his name.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Sir <HI>John,</HI> why did not you &s;end, and de&s;ire this before?</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, I did not hear of him while la&s;t night; and I humbly be&s;eech your Lord&s;hip, that you will plea&s;e to let him be &s;ent for.</P>
</SP>
<STAGE>The Judges con&s;ulted among them&s;elves.</STAGE>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Look ye, Sir <HI>John Freind,</HI> I'll tell you, If you'll appoint your Agent to come hither, you &s;hall have an <HI>Habeas Corpus ad te&s;tificandum:</HI> But indeed you might have &s;ent this morning, and then the Writ might have been got ready.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, I did not know &s;o much; for it was la&s;t night before I under|&s;tood that he was to be a Witne&s;s.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>You might have &s;ent la&s;t night, or this morning, and you &s;hould have had a Warrant for the Writ.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>I a&s;&s;ure your Lord&s;hip, I did not know &s;o much.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Well, Send your Agent, or your Sollicitor, and you &s;hall have a Warrant for the Writ.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>I be&s;eech your Lord&s;hip, that he may be &s;ent for, and that the me&s;&s;enger may make ha&s;te.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Let your Sollicitor come to my Clerk, and he &s;hall have it.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, if you plea&s;e to give a Rule of Court for it, I &s;uppo&s;e it may be done pre&s;ently.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>No, no, Sir <HI>John,</HI> it mu&s;t be by Writ, the Keeper of the <HI>Gate-hou&s;e</HI> el&s;e can't bring him.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, that will be a long time before it can be done, I de&s;ire nothing but that I may have him here to give his Evidence for me.</P>
</SP>
<SP>
<PB N="2" REF="3">
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>It will be got ready pre&s;ently; I believe he will be here time enough for you to make u&s;e of his Te&s;timony.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>But, my Lord, &s;uppo&s;e he &s;hould not be here: It would be a great hin|drance to me, and a greater injury in my Tryal.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>No, no, Sir <HI>John,</HI> you need not fear any thing of that nature, we are not in &s;uch ha&s;te; we will not &s;pur you on: But the Warrant &s;hall be made; and do you make what ha&s;te you can to get the Writ, and your Witne&s;s brought.</P>
<P>The Lord Chief Ju&s;tice gave order to Mr. <HI>Ma&s;on</HI> his Clerk, to prepare a Warrant for an <HI>Habeas Corpus;</HI> directed for the Keeper of the <HI>Gatehou&s;e,</HI> to bring <HI>William Court|ney</HI> immediately hither to give evidence.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>Sir <HI>John Freind,</HI> hold up thy hand, (which he did).</P>
<P>You &s;tand Indicted in <HI>London</HI> by the name of Sir <HI>John Freind,</HI> late of <HI>London,</HI> Kt. for that, whereas there had been for a long time, and yet is, an open, and notori|ou&s;ly publick, and mo&s;t &s;harp, and cruel War by Land, and by Sea, had, carried on, and pro&s;ecuted by <HI>Lewis</HI> the <HI>French</HI> King, again&s;t the mo&s;t Serene, mo&s;t Illu&s;tri|ous, and mo&s;t Excellent Prince, our Sovereign Lord <HI>William</HI> the Third, by the Grace of God, of <HI>England, Scotland, France,</HI> and <HI>Ireland,</HI> King, Defender of the Faith, <HI>&amp;c.</HI> All which time the &s;aid <HI>Lewis</HI> the <HI>French</HI> King, and his Subjects were, and yet are Enemies of our &s;aid Lord the King, that now is, and his Subjects. You the &s;aid Sir <HI>John Freind,</HI> a Subject of our &s;aid Sovereign Lord the King, that now is, of this Kingdom of <HI>England,</HI> well knowing the Premi&s;es, not having the fear of God in your Heart, nor weighing the Duty of your Allegiance, but being moved and &s;educed by the In&s;tigation of the Devil, as a fal&s;e Traytor again&s;t the &s;aid mo&s;t Serene, mo&s;t Clement, and mo&s;t Excellent Prince, our &s;aid Sovereign Lord <HI>William</HI> the Third, now King of <HI>England, &amp;c.</HI> your Supreme, True, Natural, Rightful, Lawful, and Undoubted Sovereign Lord; the cordial Love, and the true, and due Obedience, Fidelity and Allegiance, which every Subject of our &s;aid Sovereign Lord the King, that now is, towards him our &s;aid Sovereign Lord the King, &s;hould and of right ought to bear, withdrawing, and intending utterly to extingui&s;h, and contriving, and with all your &s;trength, purpo&s;ing, de&s;igning, and endeavouring the Government of this Kingdom of <HI>England,</HI> under our &s;aid Sovereign Lord the King that now is of Right, duly, happily, and very well E&s;tabli&s;hed, altogether to Subvert, Change, and Alter, and his Faithful Subjects, and the Freemen of this Kingdom of <HI>England,</HI> into intolerable, and mo&s;t mi&s;erable Slavery, to the afore|&s;aid <HI>French</HI> King, to Subdue, and bring, the fir&s;t day of <HI>July,</HI> in the Seventh year of the Reign of our &s;aid Sovereign Lord the King that now is; and divers other days and times, as well before as after, at <HI>London,</HI> in the Pari&s;h of St. <HI>Peter Cornhill,</HI> in the Ward of <HI>Lime&s;treet,</HI> fal&s;ely, maliciou&s;ly, devili&s;hly, and traiterou&s;ly, did compa&s;s, imagine, contrive, purpo&s;e, and intend, our &s;aid Sovereign, the Lord the King that now is, then your Supreme, True, Natural, Rightful, and Lawful Sovereign Lord, of and from the Regal State, Title, Honour, Power, Crown, Command, and Government of this Kingdom of <HI>England,</HI> to Depo&s;e, ca&s;t Down, and utterly to Deprive; and our &s;aid Sovereign Lord the King to Death, and final De&s;tru|ction to put, and bring, and the afore&s;aid <HI>Lewis</HI> the <HI>French</HI> King, by his Armies, Soldiers, Legions, and Subjects, this Kingdom of <HI>England</HI> to Invade, Fight with, Overcome, and Subdue, to move, incite, procure, and help, and a mi&s;erable &s;laughter among the Faithful Subjects of him, our &s;aid Sovereign Lord the King throughout this whole Kingdom of <HI>England,</HI> to make and cau&s;e; and that you the &s;aid Sir <HI>John Friend</HI> to the afore&s;aid Enemies of our &s;aid Lord the King, that now is, then, and there during the War afore&s;aid, Traiterou&s;ly were adhering and a&s;&s;i&s;ting; and the &s;ame your mo&s;t impious, wicked and devili&s;h Trea&s;ons, and traiterous com|pa&s;&s;ings, intentions, and purpo&s;es afore&s;aid, to fulfill, perfect, and bring to effect; and in pro&s;ecution, performance, and execution of that traiterous adhe&s;ion, you the &s;aid Sir <HI>John Freind,</HI> as &s;uch a fal&s;e Traytor, during the War afore&s;aid, to wit, the &s;ame fir&s;t day of <HI>July,</HI> in the year above&s;aid, at <HI>London</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, and divers other days and times, as well before as after, there and el&s;ewhere in <HI>London</HI> afore&s;aid, fal&s;ly, maliciou&s;ly, advi&s;edly, &s;ecretly, and traite|rou&s;ly, and with Force and Arms, <HI>&amp;c.</HI> with one <HI>Robert Charnock</HI> (late of High-Trea|&s;on, in contriving, and con&s;piring the Death of our &s;aid Sovereign Lord the King, that now is, duly convicted and attainted) and with divers other
<PB N="3" REF="3"> fal&s;e Traytors, to the Jurors unknown, did meet, propo&s;e, treat, con&s;ult, con&s;ent, and agree, to procure from the afore&s;aid <HI>Lewis</HI> the <HI>French</HI> King, of his Subjects, Forces, and Soldiers, then and yet Enemies of our &s;aid Sovereign Lord the King that now is, great numbers of Soldiers and Armed men, this Kingdom of <HI>England</HI> to Invade and Fight with, and to levy, procure, and prepare great numbers of Armed men, and Troops and Legions again&s;t our &s;aid Lord the King that now is, to ri&s;e up and be formed, and with tho&s;e Enemies at and upon &s;uch their Inva&s;ion and Entry into this Kingdom of <HI>England,</HI> to join and unite, Rebellion and War again&s;t him our &s;aid Lord the King, within this Kingdom of <HI>England,</HI> to make, levy, and wage, him our &s;aid Lord the King &s;o as afore&s;aid to Depo&s;e, and him to Kill and Murder; and moreover with the &s;aid fal&s;e Traytors, the &s;ame fir&s;t day of <HI>July,</HI> in the year above|&s;aid, at <HI>London</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, Traiterou&s;ly you did con&s;ult, con&s;ent, and agree to &s;end the afore&s;aid <HI>Robert Chernock</HI> as a Me&s;&s;enger from you the &s;aid Sir <HI>John Friend,</HI> and the &s;ame other Traytors unknown, unto and into the Kingdom of <HI>France,</HI> in parts beyond the Seas, unto <HI>James</HI> the Second, late King of <HI>England,</HI> to propo&s;e to him, and de&s;ire of him to obtain of the afore&s;aid <HI>French</HI> King, the Soldiers and Armed men afore&s;aid, for the Inva&s;ion afore&s;aid to be made; and Intelligence and Notice of &s;uch their Traiterous Intentions, and Adhe&s;ions, and all the Premi&s;es unto the &s;aid late King <HI>James</HI> the Second, and the &s;aid other Enemies and their Adherents, to give and exhibit; and them to inform of other particular things and circum&s;tances thereunto relating; as al&s;o Intelligence from them of the &s;aid intended Inva&s;ion, and other things and cir|cum&s;tances concerning the Premi&s;es, to receive, and the &s;ame to you the &s;aid Sir <HI>John Freind,</HI> and the &s;aid other Traytors in this Kingdom of <HI>England,</HI> to &s;ignify, report, and declare, in A&s;&s;i&s;tance, Animation, and Aid of the &s;aid Enemies of our &s;aid Lord the King that now is, in the War afore&s;aid, and to incite and procure tho&s;e Enemies the more readily and boldly to Invade this Kingdom of <HI>England;</HI> and the Trea&s;ons and Traytorous Contrivances, Compa&s;&s;ings, Imaginations, and Purpo&s;es of you the &s;aid Sir <HI>John Freind</HI> afore&s;aid, to perfect and fulfil, and all the Premi&s;es the &s;ooner to execute, manage and perform, you the &s;aid Sir <HI>John Freind,</HI> during the War afore|&s;aid, &s;o as afore&s;aid continued, <HI>to wit,</HI> the &s;ame fir&s;t day of <HI>July,</HI> in the above&s;aid Seventh Year of the Reign of our &s;aid Lord the King that now is, at <HI>London</HI> afore|&s;aid, in the Pari&s;h and Ward afore&s;aid, fal&s;ly and traiterou&s;ly did procure and obtain to your &s;elf, and did receive and accept of a certain Commi&s;&s;ion or Writing, pur|porting it &s;elf to be a Commi&s;&s;ion, under and from the afore&s;aid <HI>James</HI> the Second, late King of <HI>England,</HI> to con&s;titute you the &s;aid Sir <HI>John Freind</HI> to be a Collonel of Hor&s;e in the Army by you and the other fal&s;e Traytors again&s;t our &s;aid Lord the King that now is, within this Kingdom of <HI>England</HI> to be levied and formed; and in pur&s;uance of the &s;aid pretended Commi&s;&s;ion by you the &s;aid Sir <HI>John Freind</HI> &s;o obtained and accepted of, and your Trea&s;ons and all your Traiterous Intentions afore&s;aid, the &s;ooner to execute, perform, fulfil, and perfect, You the &s;aid Sir <HI>John Freind</HI> afterwards, (to wit) the &s;ame Fir&s;t Day of <HI>July,</HI> in the Seventh Year above&s;aid, at <HI>London</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, Fal&s;ly, Ma|liciou&s;ly, Advi&s;edly, Secretly, and Traiterou&s;ly, Divers Soldiers, and Armed Men, and ready to be Armed, with Force and Arms, <HI>&amp;c.</HI> To Rai&s;e, and Li&s;t, and War and Rebellion again&s;t our &s;aid Lord the King, within this Kingdom of <HI>England</HI> to make and wage; And to and with the &s;aid Enemies of our &s;aid Lord the King, Foreigners and Strangers, Subjects and Soldiers of the &s;aid <HI>Lewis</HI> the <HI>French</HI> King, being about to invade this Kingdom of <HI>England,</HI> at and upon their Inva&s;ion, and Entry into this &s;ame Kingdom, then &s;hortly expected to be made, Them&s;elves to|gether with You the &s;aid Sir <HI>John Freind</HI> to join and unite, and in Troops and Le|gions to form, did Rai&s;e, Li&s;t, and Retain, and did procure to be Rai&s;ed, Li&s;ted, and Retained; And divers Sums of Money, in and about the Rai&s;ing, Li&s;ting, and Re|taining of the afore&s;aid Soldiers, and Men Armed, and ready to be Armed upon the Account afore&s;aid, upon the afore&s;aid Fir&s;t Day of <HI>July</HI> in the Seventh Year above|&s;aid, at <HI>London</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, Fal&s;ly, Maliciou&s;ly, and Traiterou&s;ly, Did give and pay, and cau&s;e to be paid; And tho&s;e Soldiers and Men, for the Trea&s;ons, Intentions, and Purpo&s;es afore&s;aid, then and there, and long after, you had in readine&s;s. As al&s;o the &s;ame Fir&s;t Day of <HI>July,</HI> in the Seventh Year above&s;aid, at <HI>London</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, Divers Hor&s;es, and
<PB N="4" REF="4"> very many Arms, Guns, Carbines, Pi&s;tols, Swords, and other Weapons, Ammunition, and Warlike Things, and Military In&s;truments, Fal&s;ly, Maliciou&s;ly, Secretly, and Traiterou&s;ly You did Obtain, Buy, Gather, and Procure, and cau&s;e to be Bought, Ga|thered, Obtained, and Procured, and in Your Cu&s;tody had and detained, to that In|tent to u&s;e the &s;ame in the &s;aid Inva&s;ion, War and Rebellion, again&s;t our &s;aid Sove|reign Lord the King that now is, Him our &s;aid Lord the King of, and from the Regal State, Crown and Command of this Kingdom of <HI>England</HI> to Depo&s;e, Ca&s;t Down, and Deprive, and Him to Kill and Murder, and all the Trea&s;ons, Intentions, Contri|vances and Purpo&s;es of You the &s;aid Sir <HI>John Freind,</HI> as afore&s;aid, to fulfil, perfect, and fully to bring to Effect; Again&s;t the Duty of Your Allegiance, and again&s;t the Peace of our &s;aid Sovereign Lord the King that now is, His Crown and Dignity; As al&s;o again&s;t the Form of the Statute in this Ca&s;e made and provided.</P>
<P>What &s;ay'&s;t thou, Sir <HI>John Freind,</HI> Art thou Guilty of this High-Trea&s;on whereof thou &s;tande&s;t Indicted, or Not Guilty?</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>Not Guilty, my Lord.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr. Culpritt.</SPEAKER>
<P>How wilt thou be Tryed?</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>By God and my Country.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>God &s;end thee good Deliverance.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>I don't know any thing of it, I am as Innocent as the Child unborn.</P>
</SP>
<STAGE><HI>The Warrant for the</HI> Habeas Corpus <HI>was Signed by the Lord Chief-Ju&s;tice</HI> Holt, <HI>and delivered to the Pri&s;oner, who &s;ent it away to the</HI> Crown-Office <HI>by his Sollici|tor, to get the Writ &s;ealed.</HI></STAGE>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, I have &s;omething to move, if your Lord&s;hip plea&s;e to hear me, and the re&s;t of my Lords the Judges; That if any matter of Law do ari&s;e upon my Trial, I may be heard by my Councel, that you may not de&s;troy me without Law.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Look you Sir <HI>John Freind,</HI> if any matter of Law do ari&s;e at your Trial, and you will tell us what that matter of Law is, and the Court &s;ee that it is a matter of Doubt, we can, and ought, and no Que&s;tion &s;hall a&s;&s;ign you Councel; but that is time enough when &s;uch matter does ari&s;e.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, It is well known to your Lord&s;hip, and all the Court, that I am not a Lawyer; but, I hope, as you are of Councel for the King as Judges of Law, &s;o you will be of Councel for me; for I am not a Lawyer, and cannot know, whether any matter that ari&s;es be Law or no; and therefore I humbly be&s;eech your Lord&s;hip to be &s;o ju&s;t and kind, as to tell me whether it be Law or not Law, and I &s;ubmit my &s;elf to your Lord&s;hip's direction.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Sir <HI>John Freind,</HI> We are bound to tell you when any thing of that Nature appears before us, and to let you have all the benefit of the Law that po&s;&s;i|bly you can have; for we are obliged to be indifferent between the King and you.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, I don't que&s;tion it. I de&s;ire al&s;o I may have Pen, Ink, and Paper.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Yes, yes, by all means. <STAGE>(And he had them.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P><HI>Cryer,</HI> Make Proclamation.</P>
</SP>
<SP>
<SPEAKER>Cryer.</SPEAKER>
<P>Oyez: <HI>You good Men of the City of</HI> London, <HI>&s;ummoned to appear here this Day, to Try between our Sovereign Lord the King, and the Pri&s;oner that is at the Bar, who have been called, and made Default, an&s;wer to your Names, and &s;ave your I&s;&s;ues.</HI></P>
<P>Then the Defaulters were call'd over.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>You the Pri&s;oner at the Bar, the&s;e Men that you &s;hall hear call'd, and per&s;onally appear, are to pa&s;s between our Sovereign Lord the King and you, upon Trial of your Life and Death; If therefore you will challenge them, or any of them, your time is to &s;peak unto them as they come to the Book to be &s;worn, before they be &s;worn.</P>
</SP>
<SP>
<SPEAKER>Cryer.</SPEAKER>
<P>Call <HI>Thomas Clerk.</HI></P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>Pray, Sir, How many may I challenge?</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Look you, Sir <HI>John,</HI> you may challenge, that is, except again&s;t 35, without &s;hewing any Cau&s;e: If you don't like them to be of the Jury, you may refu&s;e them; and as many others, as you have Cau&s;e to except again&s;t.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, I humbly be&s;eech you, that becau&s;e perhaps I may mi&s;take in numbring, that I may have timely Notice before the 35 be excepted again&s;t, or el&s;e it may occa&s;ion me a great deal of prejudice.</P>
</SP>
<SP>
<SPEAKER>L. C. Ju&s;t. Holt.</SPEAKER>
<P>Sir, The Clerk &s;hall take care of that, he &s;hall inform you how
<PB N="5" REF="4"> Many you Challenge, and you &s;hall receive no prejudice of that kind; or by any &s;lip in point of Form.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>Cryer, call <HI>Thomas Clark,</HI> <STAGE>(who appeared.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>Pray Sir, mu&s;t not I &s;ee the Gentleman?</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Yes, yes, by all means, <STAGE>(he was &s;hewn to him.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>You may Swear Mr. <HI>Clark;</HI> I do not except again&s;t him. I de&s;ire but Hone&s;t Gentlemen, and I &s;hall come off I warrant you: I am as Innocent as the Child unborn.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Swear Mr. <HI>Clark.</HI></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>Hold him the Book; <HI>(which was done)</HI> look upon the Pri&s;oner, you &s;hall well and truly Try, and true deliverance make between our Soveraign Lord the King, and Pri&s;oner at the Barr, whom you &s;hall have in Charge, according to your Evidence. <HI>So help you God.</HI></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Nathan. Green.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I except again&s;t him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Thomas Emms.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept him for a Juryman, I have nothing to object again&s;t him, <STAGE>(he was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Francis Byer.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>Pray let me &s;ee him, <HI>(he was &s;hewn to him)</HI> I do except again&s;t him, I Chal|lenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Benjamin Dry.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I except again&s;t him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>James Demew.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept him, I have nothing to &s;ay again&s;t him, I would have him to be a Juryman.</P>
</SP>
<SP>
<SPEAKER>Mr <HI>Demew,</HI></SPEAKER>
<P>My Lord, I am not a Freeholder.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Sir <HI>John,</HI> Do you Challenge him peremptorily, or do you Chal|lenge him for Cau&s;e?</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>My Lord, I don't Challenge him at all, I accept of him.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>At. Gen.</HI></SPEAKER>
<P>If he have no Freehold, we that are for the King will except a|gain&s;t him; for I would not have any body that is a Freeholder &s;erve upon the Jury.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Henry Hunter.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>Pray, my Lord, is this Gentleman that was called before laid a&s;ide? He is not one that Challenge.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>No, no, he is Challenged by the Kings Council as no Freeholder.</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>Then he is only &s;et a&s;ide, I &s;uppo&s;e, I &s;peak it for this Rea&s;on, I would not be mi&s;taken in my number.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Care &s;hall be taken of all that, he is not to reckoned as one that you Challenged, he is Challenged for want of Freehold by the King's Council.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>What &s;ay you to Mr. <HI>Hunter?</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of Mr <HI>Hunter,</HI> let him be Swore, <STAGE>(which was done.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>John Cox.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Cox,</HI></SPEAKER>
<P>My Lord, I have no Freehold in <HI>London.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. <HI>At. Gen.</HI></SPEAKER>
<P>Then let him be &s;et a&s;ide.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>George Bodington.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I except again&s;t him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>John Hedges.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I except again&s;t him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>You Challenge him Sir, do you?</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>Yes, yes, I do.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>John James.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Thomas Poole.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of him, <STAGE>(he was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Peter Parker.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of him, <STAGE>(he was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>George Grove.</HI></P>
</SP>
<SP>
<PB N="6" REF="5">
<SPEAKER>Fr.</SPEAKER>
<P>I except again&s;t him, for I have him not in my Pannel.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>How comes that?</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I can't tell, my Lord, I have been kept alone while <HI>Saturday</HI> la&s;t, only that worthy Gentleman, (bowing to Mr. <HI>Baker,</HI> the Pro&s;ecutor for the King) was with me to give me notice of my Tryal before.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Nathaniel Wyer&s;dale.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Samuel Blewitt.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>James Bodington.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>John Woolfe.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>Sir, I do a&s;&s;ure you I have him not in my Pannel, upon my word. I Chal|lenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Samuel Jack&s;on.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of him, <STAGE>(he was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Nathaniel Long.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of him, <STAGE>(He was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Richard Chi&s;well.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>George Child.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of him, <STAGE>(he was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>William Walker.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of him, <STAGE>(he was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>John Wells.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>John Hibbert.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>John Pettit.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>James Robin&s;on.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>Sir, he is not in my Pannel upon my word.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>He is in the Original Pannel.</P>
</SP>
<SP>
<SPEAKER>Mr. Sheriff <HI>Buckingham.</HI></SPEAKER>
<P>My Lord, here is the Original Pannel, and here's his name here; and there is not a per&s;on in this Pannel, but what was Originally put in, except it be about five or &s;ix at the end, and this is none of them.</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Thomas Hollis,</HI> <STAGE>(he did not appear.)</STAGE></P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Pray, Sir <HI>John,</HI> who had you that Copy from? Who gave it you?</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>My Sollicitor.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Trotman.</HI></SPEAKER>
<P>My Lord, he had none from me I am &s;ure: I received the Pannel from the Sheriff, but no body, from Sir <HI>John,</HI> was ever with me for a Copy.</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>My Lord, my Sollicitor brought it to me on <HI>Saturday</HI> night.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Who is your Sollicitor that gave you that Copy?</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>His name is Mr. <HI>Burleigh,</HI> my Lord.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Where is he? Let's &s;ee this Mr. <HI>Burleigh.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>My Lord, he is gone to the Crown Office it &s;eems, for the <HI>Habeas Corpus.</HI></P>
</SP>
<SP>
<SPEAKER>M. <HI>J. Rokeby.</HI></SPEAKER>
<P>It is your own Sollicitor that has put the abu&s;e upon you, if it be &s;o.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Thomas Hollis,</HI> <STAGE>(he did not appear.)</STAGE></P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Pray Sir <HI>John Friend,</HI> how many have you in all?</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>In number my Lord, would you have me tell you how many I have in number?</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Aye, in number, in your Copy of the Pannel.</P>
</SP>
<SP>
<SPEAKER>Mr. Sh. <HI>Buckingham.</HI></SPEAKER>
<P>In the Pannel there are above Four&s;core.</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I have &s;eventy one my Lord. Then <HI>Thomas Hollis</HI> appeared.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>Do you Challenge him, Sir.</P>
</SP>
<SP>
<SPEAKER>Mr. Sh. <HI>Buckingham.</HI></SPEAKER>
<P>Pray let the Secondary produce his Pannel that he had from my Brother and me, and I am a&s;&s;ured the Court will find they were all named in that Pannel.</P>
</SP>
<SP>
<PB N="7" REF="5">
<SPEAKER>Mr. <HI>Trotman.</HI></SPEAKER>
<P>My Lord, I have the Pannel, but they never came to me for a Copy, as I expected; I had got one ready, if Sir <HI>John Friend,</HI> or any Per&s;on for him, had &s;ent to me, they might have had it.</P>
</SP>
<SP>
<SPEAKER>Mr. Sh. <HI>Buckingham.</HI></SPEAKER>
<P>And the&s;e People that are not in Sir <HI>John Friends</HI> Pannel, are none of the half dozen that were added when we came to the knowledg of them, that they were Freeholders.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>When were they added Sir?</P>
</SP>
<SP>
<SPEAKER>Mr. Sh. <HI>Buckingham.</HI></SPEAKER>
<P>They were added on <HI>Friday</HI> in the Afternoon, and it &s;eems he never came for the Pannel to the proper Officer, and tho&s;e that he ob|jects again&s;t were not added, but are in the Original Pannel.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Truly, I can't &s;ee any body is to blame in this matter but your own Sollicitor.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Trotman,</HI></SPEAKER>
<P>My Lord, I a&s;&s;ure you I had made a Copy, and I wondered I did not hear of them: I do not know where he got this Copy.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Treby.</SPEAKER>
<P>In truth if you will not &s;end to the proper Officer for a Copy, when you might have had it, you mu&s;t be content with what you have, for no body is bound to give you a Copy unle&s;s you ask for it.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Well, what &s;ay you to <HI>Thomas Hollis?</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him, my Lord, for he is not in my Pannel.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>John Sherbrook.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of him, <STAGE>(he was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>James Blackwell.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>He is not in my Pannel upon my word, my Lord.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>I can't help it, he is in the Sheriffs Pannel that is returned here.</P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Thomas Gardner.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of him.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Gardner.</HI></SPEAKER>
<P>My Lord I am no Freeholder in the City.</P>
</SP>
<SP>
<SPEAKER>Mr. Ju&s;tice <HI>Rokeby,</HI></SPEAKER>
<P>Mr. <HI>Gardner,</HI> have you not lately conveyed away your Freehold?</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Gardner,</HI></SPEAKER>
<P>No, indeed, my Lord, I never had any.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>William Prince.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept of him. <STAGE>(He was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>John Simons.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Robert White.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I Challenge him.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Jo&s;eph Morewood.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>I accept him, his Name is <HI>John</HI> I &s;uppo&s;e, for &s;o it is in my Pannel.</P>
</SP>
<SP>
<SPEAKER>Cl of Ar.</SPEAKER>
<P>No it is <HI>Jo&s;eph.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Morewood,</HI></SPEAKER>
<P>My Name is <HI>Jo&s;eph.</HI></P>
</SP>
<SP>
<SPEAKER>Fr.</SPEAKER>
<P>Well, Sir, I accept of you, I don't que&s;tion but you are an Hone&s;t Man. <STAGE>(He was Sworn.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>Cryer Countez. <HI>Thomas Clark.</HI></P>
</SP>
<SP>
<SPEAKER>Cryer.</SPEAKER>
<P>One, <HI>&amp;c.</HI> <STAGE>(So of the re&s;t to the La&s;t.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P><HI>Jo&s;eph Morewood.</HI></P>
</SP>
<SP>
<SPEAKER>Cryer.</SPEAKER>
<P>Twelve good Men and true, &s;tand together, and hear your Evidence.</P>
<P>The Names of the Jury were the&s;e.
<LIST>
<HEAD>Jur.</HEAD>
<ITEM><HI>Thomas Clark,</HI></ITEM>
<ITEM><HI>Thomas Emms,</HI></ITEM>
<ITEM><HI>Henry Hunter,</HI></ITEM>
<ITEM><HI>Thomas Poole,</HI></ITEM>
<ITEM><HI>Peter Parker.</HI></ITEM>
<ITEM><HI>Samuel Jack&s;on,</HI></ITEM>
<ITEM><HI>Nathaniel Long,</HI></ITEM>
<ITEM><HI>George Child,</HI></ITEM>
<ITEM><HI>William Walker,</HI></ITEM>
<ITEM><HI>John Sherbrook,</HI></ITEM>
<ITEM><HI>William Prince,</HI> and</ITEM>
<ITEM><HI>Jo&s;eph Morewood.</HI></ITEM>
</LIST></P>
</SP>
<SP>
<PB N="8" REF="6">
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>Cryer make Proclamation.</P>
</SP>
<SP>
<SPEAKER>Cryer.</SPEAKER>
<P>O Yes, If any one can inform my Lords the King's Ju&s;tices, the King's Serjeant, the King's Attorney General, or this Inque&s;t now to be taken, of the High-Trea&s;on whereof the Pri&s;oner at the Bar &s;tands Indicted, let them come forth, and they &s;hall be heard; for now the Pri&s;oner &s;tands at the Bar upon his Deliverance: And all others that are bound by Recognizance to give evidence again&s;t the Pri&s;oner at the Bar, let them come forth and give their Evidence or el&s;e they forfeit their Recognizance; and all Jury-men of <HI>London,</HI> that have been called, and have appeared, and are not &s;worn may depart the Court.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>Sir <HI>John Friend,</HI> Hold up thy Hand, (which he did.) You that are Sworn, Look upon the Pri&s;oner, and hearken to his Charge; He &s;tands Indicted by the Name of Sir <HI>John Friend,</HI> late of <HI>London,</HI> Knight, <HI>(prout</HI> in the Indict|ment, <HI>mutatis mutandis)</HI> &mdash; And again&s;t the Form of the Statute in that ca&s;e made and provided. Upon this Indictment he hath been Arraigned, and thereunto hath pleaded not Guilty, and for his Tryal hath put him&s;elf upon God, and the Countrey, which Countrey you are; your Charge is to enquire, Whether he be Guilty of the High-Trea&s;on whereof he &s;tands Indicted, or Not Guilty; if you find him Guilty, you are to enquire what Goods and Chattels, Lands and Tene|ments he had at the time of the High-Trea&s;on Committed, or at any time &s;ince; if you find him Not Guilty, you are to enquire if he fled for it; if you find that he fled for it, you are to enquire of his Goods and Chattels, as if you had found him Guilty; if you find him not Guilty, nor that he did fly for it, you are to &s;ay &s;o, and no more, and hear your Evidence.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Mountague.</HI></SPEAKER>
<P>May it plea&s;e your Lord&s;hip, and you Gentlemen of the Jury; This is an Indictment of High-Trea&s;on, that is brought again&s;t Sir <HI>John Friend</HI> the Pri&s;oner at the Bar, for a&s;&s;ociating with, and aiding the King's Enemies, with a De&s;ign to procure an Inva&s;ion from <HI>France,</HI> and to rai&s;e a Rebellion within this Kingdom, and this was to Depo&s;e the King, and Re&s;tore the late King <HI>James</HI> and in order to the effecting the&s;e his wicked purpo&s;es, the Indictment &s;ets forth; That the fir&s;t of <HI>July</HI> la&s;t, he did Meet, and Con&s;ult, and agree with one Mr. <HI>Charnock,</HI> (a Gentleman &s;ince Tryed, Convicted and Attained of High Trea|&s;on) how they &s;hould procure an Army from <HI>France,</HI> to come and Invade this Kingdom; and &s;hould Rai&s;e a &s;ufficient number of Men, to Facilitate the Land|ing of the <HI>French;</HI> and the Indictment particularly charges the Pri&s;oner at the Bar, with &s;ending Mr. <HI>Charnock</HI> into <HI>France,</HI> to the late King <HI>James,</HI> to acquaint him with the De&s;ign, and to De&s;ire him to procure a great number of Forces from the <HI>French</HI> King, to come here, and Land within this Kingdom: And the Indict|ment does likewi&s;e charge him with procuring, and Receiving a Commi&s;&s;ion from the late King <HI>James</HI> to Con&s;titute him, the Pri&s;oner at the Bar, a Collonel of Hor&s;e; and likewi&s;e with laying out, and expending, and paying &s;everal Sums of Money in Li&s;ting, and Keeping Soldiers, and Men in pay under him, which was to be in his Regiment; and with laying out &s;everal Sums of Mony in buying Arms, and Hor&s;es for this Inva&s;ion and Rebellion that was thus De&s;igned to be made, and Rai&s;ed within this Kingdom; To this Gentlemen, he has Pleaded not Guilty; we &s;hall call our Witne&s;&s;es, and prove the Fact, and we do not doubt but you will find him &s;o.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Prove this if you can, it cannot be.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>At. Gen.</HI></SPEAKER>
<P>May it plea&s;e your Lord&s;hip, and you Gentlemen of the Jury, the Pri&s;oner at Bar, Sir <HI>John Friend,</HI> &s;tands Indicted of High Trea&s;on, in Compa&s;&s;ing, and Imagining the Death of the King, and likewi&s;e in Adhereing to the King's Enemies.</P>
<P>Gentlemen, the Overt Acts laid in the Indictment to prove this Trea&s;on, are the&s;e.</P>
<P>That the Pri&s;oner at the Bar did accept a Commi&s;&s;ion from the late King <HI>James,</HI> to Rai&s;e a Regiment of Hor&s;e in this Kingdom, in order to joyn with the <HI>French,</HI> when they Invaded it; and there were &s;everal Meetings, and Con|&s;ultations between him, and &s;everal others whom you will hear named by the Wit|ne&s;&s;es, upon which it was Re&s;olved to &s;end a Me&s;&s;enger one <HI>Charnock</HI> into <HI>France,</HI> to de&s;ire the late King <HI>James,</HI> to prevail with the <HI>French</HI> K. to get a number of Men, in all 10000. with an A&s;&s;urance, that they would A&s;&s;i&s;t him with a number of Hor&s;e
<PB N="9" REF="6"> when he came: and in pur&s;uance of this De&s;ign, the Pri&s;oner at the Bar did rai&s;e Men, and pay &s;ome Summs of Money for their &s;ub&s;i&s;tence, and Li&s;ted, and had them in Readine&s;s; and provided Hor&s;es and Arms. The&s;e are the Overt-Acts laid in the Indictment; the Evidence that will be produc'd to you, to prove this Trea&s;on, and the&s;e Overt Acts, will be in this Manner.</P>
<P>Gentlemen, you will &s;ee by the Evidence, that there has been a De|&s;ign and Con&s;piracy on Foot for &s;everal Years to A&s;&s;a&s;&s;inate the King's Per&s;on, and to have an Inva&s;ion from <HI>France</HI> at that Time, by armed Force here to &s;ubdue this Kingdom. The Pri&s;oner at the Bar, Sir <HI>John Friend,</HI> I think about Two Years ago had a Commi&s;&s;ion &s;ent him from the late King <HI>James,</HI> to rai&s;e a Regiment of Hor&s;e: There were &s;everal other Commi&s;&s;ions &s;ent likewi&s;e, but one was &s;ent to the Pri&s;oner, which he accepted of; and in pur&s;uance of it, he appointed &s;everal Officers, and Li&s;ted &s;everal Men for that Purpo&s;e, and expended &s;everal Summs of Money for the rai&s;ing, and &s;ub&s;i&s;ting of them.</P>
<P>Gentlemen, you will hear that his Lieutenant-Colonel was to be one <HI>Blaire,</HI> and his Major was to be one <HI>Slater;</HI> and this <HI>Slater</HI>'s Father was a Clergy-Man, and he undertook to bring in a Troop of Clergy-Men that had refu&s;ed to take the Oaths. One of his Captains was one <HI>Evans,</HI> one <HI>Richard&s;on</HI> was another; and there were &s;everal other Officers whom you will hear named by the Witne&s;&s;es, that were appointed and ingag'd to make up the Regiment.</P>
<P>Gentlemen, you will hear farther by the Witne&s;&s;es, that about <HI>May,</HI> or <HI>June</HI> la&s;t, they having rais'd a con&s;iderable Number of Men, there were &s;everal Meetings had between the Pri&s;oner at the Bar, and &s;everal other Per&s;ons, in order to &s;end &s;ome Per&s;on over to get Forces from <HI>France,</HI> to Invade this Kingdom. The fir&s;t Meeting, that you will hear of, was at the <HI>Old King's Head-Tavern</HI> in <HI>Leaden-Hall-Street,</HI> and there were pre&s;ent the Pri&s;oner at the Bar, my Lord of <HI>Aylesbury,</HI> my Lord <HI>Montgomery,</HI> Sir <HI>John Fenwick,</HI> Sir <HI>William Parkins,</HI> Mr. <HI>Charnock,</HI> (who was lately Condemned and Executed for the De&s;ign of Murdering the King) Mr. <HI>Porter,</HI> and one <HI>Cook.</HI> At that Meeting you will hear what their Debates were, and what their Re&s;olutions: after &s;everal Debates, who they &s;hould &s;end, they re&s;olv'd to &s;end Mr. <HI>Charnock,</HI> to go into <HI>France,</HI> to de&s;ire the late King <HI>James</HI> to get 10000 Men of the <HI>French</HI> Troops to land upon our Coa&s;ts, about 8000 Foot, and the re&s;t Hor&s;e, and Dragoones: And they did Im|power him in their Names, to a&s;&s;ure the late King <HI>James,</HI> that they would, when ever he Landed with his <HI>French</HI> Troops, be ready to a&s;&s;i&s;t him with near Two Thou&s;and Hor&s;e among them.</P>
<P>Upon this, Gentlemen, Mr. <HI>Charnock</HI> undertook to go upon this Me&s;|&s;age: But about a Week after they met again, for he was unwilling to go upon &s;uch an Errand, without having a full Re&s;olution and A&s;&s;urance from the&s;e Gentlemen that were thus Engag'd, that he might &s;atisfie the late King what they would certainly do. So they met again about a Week after, and that was at a Tavern in St. <HI>Jame</HI>'s <HI>Street,</HI> near Sir <HI>John Fenwick</HI>'s Lodgings, one Mrs. <HI>Montjoyes,</HI> there was the Pri&s;oner at the Bar, my Lord of <HI>Alesbury,</HI> and mo&s;t of the &s;ame Company that were at the Meeting before: And Mr. <HI>Charnock</HI> de&s;ired to know, if they did agree to what had been Propos'd and Re&s;olv'd on before; for he was unwilling, and did not care to go without a full A&s;&s;urance of the performance. They did all a|gree, and de&s;ir'd that he would go with all Speed, and that he &s;hould a&s;&s;ure King <HI>James,</HI> they would be ready to meet him, if they had Notice where he would land.</P>
<P>Pray, Gentlemen, ob&s;erve the Time when the&s;e Meetings were. It was in <HI>May,</HI> or <HI>June</HI> la&s;t, &s;oon after the King was gone to <HI>Flanders;</HI> and they thought this a fit Opportunity, when the King's Forces were drawn out of <HI>England</HI> into <HI>Flanders,</HI> for carrying on the Campaign, then was the
<PB N="10" REF="7"> proper Time, according as they di&s;cours'd the Matter, the People being, as they &s;aid, generally Di&s;&s;atisfied, and but few Forces in <HI>England</HI> to op|po&s;e them.</P>
<P>Mr. <HI>Charnock</HI> accordingly went over into <HI>France,</HI> and about a Month after return'd again, and acquainted them that he had told King <HI>James</HI> their Re&s;olution, and how they would a&s;&s;i&s;t him, and what they de&s;ir'd of him, and, in &s;hort, had deliver'd his Me&s;&s;age: but that King <HI>James</HI> told him, He thank'd them very much for their Kindne&s;s, and Readine&s;s to a&s;&s;i&s;t him; but at that Time the <HI>French</HI> King could not &s;pare any Forces, nor could it be all that Summer, and &s;o there was nothing to be done; and thereupon it re&s;ted till the la&s;t Winter.</P>
<P>Then, Gentlemen, you will hear that the la&s;t Winter the De&s;ign was renewed again, about <HI>January</HI> la&s;t: For Sir <HI>George Barclay</HI> came over from the late King, being a Lieutenant of his Guards there, and then they en|tered into a Con&s;piracy to a&s;&s;a&s;&s;inate the King; and that was to be done fir&s;t, to facilitate the Inva&s;ion, which was to follow immediately upon the Exe|cution of the A&s;&s;a&s;&s;ination: For they thought they cou'd have no A&s;&s;urance of Succe&s;s in their Inva&s;ion, as long as the King lived; and I hope every one will take notice, how precious that Life is to us, when it is &s;o apparent to all the World, that our Enemies cannot hope for any Succe&s;s to their Enter|prizes and De&s;igns to de&s;troy us, but by taking that Life away.</P>
<P>Gentlemen, this very Con&s;piracy you will hear the Pri&s;oner at the Bar was acquainted with, and privy to, even this A&s;&s;a&s;&s;ination; tho' in|deed you will hear he did not much approve of it, becau&s;e he thought it wou'd be a Di&s;&s;ervice to the late King's Affairs; but he was at &s;everal Meetings with Mr. <HI>Porter,</HI> and Mr. <HI>Charnock,</HI> and Sir <HI>William Parkins,</HI> and &s;everal others that were Con&s;pirators in that De&s;ign, and was acquainted with it, as you will hear by the Evidence.</P>
<P>Gentlemen, you will hear further, that about <HI>January</HI> la&s;t, the Inva&s;ion being intended to be quickly made, the Pri&s;oner at the Bar, Sir <HI>John Friend,</HI> had frequent Meetings with <HI>Blaire,</HI> that was his Lieutenant-Colonel, and other Officers, to con&s;ider and prepare how to be in a Readine&s;s. About that time the Pri&s;oner at the Bar, Captain <HI>Blaire,</HI> and one Captain <HI>Ridley,</HI> met at a Place in <HI>Exchange-Ally,</HI> and there they di&s;cour&s;ed among one a|nother; and there <HI>Ridley</HI> &s;aid there was a con&s;iderable <HI>Roman-Catholick</HI> that was &s;ent to King <HI>James,</HI> and he wou'd bring the la&s;t Orders; and Sir <HI>John Friend</HI> &s;aid he knew of it very well, it was &s;o, and he hoped he &s;hou'd have them brought very quickly.</P>
<P>At another time, the Pri&s;oner at the Bar, and <HI>Blaire</HI> his Lieutenant-Colo|nel, met at <HI>Jonathan</HI>'s Coffee-Hou&s;e, and the Pri&s;oner took him up in his Coach, and carried him along with him, and there they had a great Di&s;|cour&s;e of the Affairs of the Regiment. The Pri&s;oner at the Bar, Sir <HI>John Friend,</HI> told <HI>Blaire</HI> they mu&s;t be very good Husbands of their Money: For if the Inva&s;ion &s;hou'd mi&s;carry, he &s;hou'd not have Money enough to car|ry on his Trade, but he wou'd take Care about &s;ome Officers that had not Money to mount them&s;elves; but a great many were to prepare for them|&s;elves at their own Charges, and for tho&s;e that were to be under them. They had likewi&s;e then &s;ome Di&s;cour&s;e about the <HI>Thoulon</HI> Fleet coming about, and that he thought it not advi&s;eable to &s;tir till the <HI>Thoulon</HI> Fleet came round. He &s;aid he wou'd not put a Foot in the Styrrop till that were done; and that he wou'd keep out of the Way and lie private till all was in a Readine&s;s, and advi&s;ed Captain <HI>Blair</HI> to do &s;o too.</P>
<P>Gentlemen, you will find it further proved, that about <HI>May</HI> la&s;t, the Pri|&s;oner at the Bar paid 20 <HI>l.</HI> to this Captain <HI>Blaire,</HI> who had laid out Moneys in the Affairs of the Regiment, and this was to reimbur&s;e him what he had &s;o laid out; and it was in this manner. You have all heard, I &s;uppo&s;e, of one Colonel <HI>Parker,</HI> who being taken upon his coming over from <HI>France,</HI> was a Pri&s;oner in the <HI>Tower,</HI> but made his E&s;cape from thence, to which E&s;cape
<PB N="11" REF="7"> the Pri&s;oner at the Bar was privy. This E&s;cape co&s;t 300 <HI>l.</HI> as you will hear, and the Pri&s;oner laid down 100 <HI>l.</HI> of it. But this was to be repay'd him a|gain: but how was it? there was one <HI>John&s;on</HI> a Prie&s;t, a Con&s;pirator like|wi&s;e in this De&s;ign of A&s;&s;a&s;&s;inating the King, and he undertook and pro|mi&s;ed, that the late King &s;hould pay this 100 <HI>l.</HI> And accordingly one <HI>Piggott</HI> went over into <HI>France,</HI> and had this 100 <HI>l.</HI> paid him by King <HI>James,</HI> to re|pay it to Sir <HI>John Friend:</HI> But he thought fit to keep the Money, and Sir <HI>John Friend</HI> cou'd not get it of him, and he dur&s;t not ask it, becau&s;e he knew the Con&s;ideration was not fit to be made publick. But he told Captain <HI>Blair</HI> I cannot pay you this Money out of my own Pocket; but <HI>Piggott</HI> ought to pay me, who has received this Money of mine. If you will prevail with <HI>John&s;on,</HI> who got this Money from the late King to be paid to <HI>Piggott,</HI> to per|&s;uade <HI>Piggott</HI> to pay 20 <HI>l.</HI> I will allow it in part of the Money he is to pay me, and you &s;hall have it. Captain <HI>Blair</HI> did prevail with <HI>John&s;on</HI> to per&s;uade <HI>Piggott</HI> to pay this 20 <HI>l.</HI> and Captain <HI>Blair</HI> did receive it, and Sir <HI>John Friend</HI> did agree to allow it to <HI>Piggott</HI> out of the 100 <HI>l.</HI> due to him.</P>
<P>Gentlemen, at another time, about <HI>Chri&s;tma&s;s</HI> la&s;t, there was another 20 <HI>l.</HI> paid by Sir <HI>John Friend</HI>'s Order and Direction, by <HI>Piggott</HI> to <HI>Blair</HI> upon the &s;ame Account, by the Mediation of <HI>John&s;on</HI> the Prie&s;t; and this was paid and allow'd as being laid out in the Affairs of the Regiment before, he being intru&s;ted as Lieutenant-Colonel, to look after the Regiment.</P>
<P>Gentlemen, I have now opened the Sub&s;tance of the Evidence; the particu|lars you will hear from the Witne&s;&s;es them&s;elves. If I have opened it ami&s;s, you will take care, when the Witne&s;&s;es are produced, to ob&s;erve what they &s;ay, who will tell you what really was done, and will rectifie any Mi&s;take of mine: For I wou'd have no &s;uch Mi&s;take do the Pri&s;oner at the Bar any Prejudice.</P>
</SP>
<SP>
<SPEAKER>Mr. Solicitor General.</SPEAKER>
<P>Gentlemen, Mr. Attorney has open'd the Nature and Cour&s;e of out Evidence &s;o fully, that I &s;hall make no Repetition of any of the particulars; but call our Witne&s;&s;es and prove it in Order as it has been open|ed. And fir&s;t, we call Captain <HI>George Porter</HI> <STAGE>(who came in.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, before Mr. <HI>Porter</HI> is &s;worn, I de&s;ire to know whe|ther he is a Roman Catholick, or a Prote&s;tant?</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Why do you de&s;ire that? Is not a Roman Catholick a Witne&s;s? Though he be a Roman Catholick, that's no Objection to his being a Witne&s;s.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I de&s;ire to ask him the Que&s;tion, Whether he be a Roman Catholick or no?</P>
</SP>
<SP>
<SPEAKER>L C. J. Holt.</SPEAKER>
<P>Sir <HI>John Friend,</HI> it is not a proper Que&s;tion.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, a Man ought to know what Profe&s;&s;ion they are of, that are Witne&s;&s;es again&s;t him for his Life.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Will you ask him whether he be a Chri&s;tian or no?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I de&s;ire to know whether he be a Papi&s;t or a Pro|te&s;tant.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorney General.</SPEAKER>
<P>If Mr. <HI>Porter</HI> be willing to tell you, he may; but it is not a proper Que&s;tion.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>E&s;pecially before he is &s;worn; he is not entitled to ask any Que&s;tions what&s;oever, till he be &s;worn.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I be&s;eech you let me have the Que&s;tion an&s;wer|ed.</P>
</SP>
<SP>
<SPEAKER>Mr. Solicitor General.</SPEAKER>
<P>Sure you don't con&s;ider, that the An&s;wer to that Que&s;tion is to accu&s;e him&s;elf; you don't con&s;ider the Con&s;equences of it.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Pray, my Lord, let me have my Right.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>The Que&s;tion is, Whether it is your Right or no.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I wou'd not trouble the Court if I cou'd help it, but my Life and All is at Stake, and I mu&s;t make the be&s;t Defence I can.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Indeed your Que&s;tion is improper in it &s;elf; but if he have a Mind to tell you, and an&s;wer voluntarily, he may.</P>
</SP>
<SP>
<PB N="12" REF="8">
<SPEAKER>Friend.</SPEAKER>
<P>I humbly beg of your Lord&s;hip that he may an&s;wer the Que|&s;tion.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>I cannot &s;ee you have a Right to have this Que&s;tion an|&s;wer'd you.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Mr. <HI>Porter,</HI> You are a Gentleman, and I de&s;ire you will an&s;wer, Whether you be a Roman Catholick or not?</P>
</SP>
<SP>
<SPEAKER>Mr. Solicitor General.</SPEAKER>
<P>Before he does an&s;wer, I de&s;ire he may be ac|quainted with the Danger; He was born a Prote&s;tant, no doubt, and then turning Roman Catholick, he &s;ubjects him&s;elf to a very &s;evere Penalty.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Sir <HI>John Friend,</HI> I told you your Que&s;tion was not proper to be ask'd.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Pray, my Lord, let him an&s;wer the Que&s;tion, it will be of great u&s;e to me in my Tryal; pray let me have my right.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>You &s;hall have all the Right done you that can be; but, in the fir&s;t place, if a Man be a Roman Catholick, notwith&s;tanding his Religion, he is a good Witne&s;s: And be&s;ides that, it may be his an&s;wering the Que&s;tion may &s;ubject him to &s;everal Penalties; at lea&s;t he is liable to Pro&s;ecution upon &s;everal Acts of Parliament, that are very penal; and therefore it is by no means to be ask'd.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I pray only that he may an&s;wer the Que&s;tion.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>No Man is bound to an&s;wer any Que&s;tion that tends to make him accu&s;e him&s;elf, or &s;ubject him to any Penalties.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I do with &s;ubmi&s;&s;ion de&s;ire it, and it is no great mat|ter for him to &s;ay whether he be Papi&s;t or Prote&s;tant.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>If it be no great Matter, then why do you in&s;i&s;t upon it? But perhaps it may be a great Matter in the Con&s;equence of it to him; a Man therefore is not obliged to an&s;wer any &s;uch Que&s;tions.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I be&s;eech your Lord&s;hip, let him an&s;wer the Que&s;tion.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>You have my Opinion; If you will you &s;hall have the O|pinions of the re&s;t of the Judges; my Opinion is that the Que&s;tion ought not to be an&s;wer'd.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Treby.</SPEAKER>
<P>Since your Lord&s;hip's Plea&s;ure is that we &s;hould deliver our Opinions upon this Point, I mu&s;t declare, I am of the &s;ame Opinion, that no Man is bound to an&s;wer any Que&s;tions that will &s;ubject him to a Penalty, or to Infamy. If you &s;hould ask him whether he were a Deer-Stealer, or whether he were a Vagabond, or any other thing that will &s;ubject him to Puni&s;hment, either by Statute or by Common-Law; as whe|ther he be guilty of a Petty-Larcenary, or the like, the Law does not ob|lige him to an&s;wer any &s;uch Que&s;tions.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Well, I hope the Jury will con&s;ider it, that he will not an&s;wer the Que&s;tion; and therefore they are to take it for granted that he is &s;o.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Treby.</SPEAKER>
<P>And now to this pre&s;ent Purpo&s;e, to ask a Man whether he be a Popi&s;h Recu&s;ant, is to &s;ubject him to Danger; for when you ask him that Que&s;tion, if he were not bred up in that Religion, then for him to own him&s;elf of that Religion now, is to own as great a Crime as that you are charg'd with. If it were not &s;o, but he was always bred in that Religion, yet there are very great Penalties that he is &s;ubject to, as the Confi&s;cation of two third parts of his E&s;tate, and &s;everal other things that he may be liable to, if he &s;hould di&s;clo&s;e that upon his An&s;wer to the Que&s;tion, which without this Di&s;covery cou'd not be prov'd perhaps. We mu&s;t keep the Law &s;teady and even between the Pri&s;oner and the Wit|ne&s;s.</P>
</SP>
<SP>
<SPEAKER>Mr. Ju&s;tice Nevil.</SPEAKER>
<P>I am of the &s;ame Opinion, it does &s;ubject him to a Penalty; and unle&s;s he will voluntarily an&s;wer it of him&s;elf, I think it can|not be demanded of him; for he may &s;ubject him&s;elf to a Pro&s;ecution by it.</P>
</SP>
<SP>
<PB N="13" REF="8">
<SPEAKER>Mr. <HI>J. Rokeby.</HI></SPEAKER>
<P>I think, it is not a Que&s;tion that can of right be impo&s;ed upon him; he may an&s;wer it if he will; but he is under no Obligation to an|&s;wer it, becau&s;e it may tend to accu&s;e him&s;elf of a Crime, for which he may be pro&s;ecuted, and likewi&s;e will &s;ubject him to other Penalties, which the Law cannot compel him to &s;ubject him&s;elf to.</P>
</SP>
<STAGE><HI>Then Captain</HI> Porter <HI>was &s;worn.</HI></STAGE>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>I hope, Gentlemen of the Jury, you'l con&s;ider this.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Mr. <HI>Porter,</HI> do you know Sir <HI>John Freind,</HI> the Pri&s;oner at the Bar?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>Yes, Sir.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray then will you give my Lords and the Jury an Account what Meetings you have had with him, where tho&s;e Meetings were, and when, and what pa&s;t between you, about inviting the <HI>French</HI> over hither, or for a Ri&s;ing here.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>My Lord, about the latter end of <HI>May</HI> la&s;t, or the beginning of <HI>June,</HI> we had two Meetings, one was at the <HI>King's-Head</HI> in <HI>Leadenhall-&s;treet,</HI> the other at Mrs. <HI>Mountjoy's</HI> in St. <HI>James's-&s;treet.</HI> At the fir&s;t Meeting there were pre&s;ent, my Lord of <HI>Aylesbury,</HI> my Lord <HI>Montgomery,</HI> Sir <HI>John Freind,</HI> Sir <HI>William Parkins,</HI> Sir <HI>John Fenwick,</HI> Mr. <HI>Cook,</HI> Capt. <HI>Chernock,</HI> and my &s;elf; after Dinner Mr. <HI>Goodman</HI> came in: Now at both tho&s;e Meetings it was con&s;ulted of, and agreed, to &s;end Capt. <HI>Chernock</HI> into <HI>France</HI> to King <HI>James,</HI> to de&s;ire him to bor|row of the French King 10000 Men to come over hither, 8000 Foot, 1000 Hor&s;e, and 1000 Dragoons. Captain <HI>Chernock</HI> &s;aid, He did not care to go up|on a fooli&s;h Me&s;&s;age, and therefore de&s;ired to know what they wou'd have him to acquaint King <HI>James</HI> with, and a&s;&s;ure him of. They all agreed to meet the King, whenever they had Notice of his Landing, with a Body of 2000 Hor&s;e; of which every one in particular was to bring their <HI>Quota,</HI> wherever he wou'd appoint.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>When was the &s;econd Meeting?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>That was at Mrs. <HI>Mountjoy's.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>But I ask you when it was? how long after the fir&s;t?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>I believe it was about a Fortnight after, or &s;o.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>What was that Meeting for?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>The &s;econd Meeting was to confirm the fir&s;t. Capt. <HI>Chernock</HI> in|formed me, that he was to go within Three or Four Days, and therefore de&s;ired to have a Meeting before he went.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>What Di&s;cour&s;e was there at that &s;econd Meeting? what Occa&s;ion was there for it?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>Capt. <HI>Chernock</HI> de&s;ired the Meeting once more before he went, to &s;ee whether we all kept our Re&s;olution.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray what do you know of Sir <HI>John Freind</HI>'s agreeing to rai&s;e a Regiment of Hor&s;e?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>I know nothing of that matter, but what I have heard &s;everal People talk; but I have heard him &s;ay, he would be as ready as any Man, when|ever the King came: And I have heard from Captain <HI>Chernock,</HI> and from Sir <HI>William Parkins,</HI> that he had a Commi&s;&s;ion to be a Collonel of Hor&s;e.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray Sir, upon that &s;econd Meeting, who were pre&s;ent.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>I told you, Sir, the Pri&s;oner at the Bar was pre&s;ent at both Meetings.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Who el&s;e were there?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>My Lord of <HI>Aylesbury,</HI> Sir <HI>William Parkins,</HI> Capt. <HI>Chernock,</HI> and I cannot tell whether my Lord <HI>Montgomery,</HI> and Mr. <HI>Goodman</HI> were there; Mr. <HI>Cook</HI> and my &s;elf were there, but the Pri&s;oner at the Bar I am &s;ure was there.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray, Capt. <HI>Porter,</HI> will you remember and recollect your &s;elf, who were at the fir&s;t Meeting?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>I have named them already, Sir.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Name them again then.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>My Lord of <HI>Aylesbury,</HI> my Lord <HI>Montgomery,</HI> Sir <HI>John Freind,</HI> Sir <HI>William Parkins,</HI> Sir <HI>John Fenwick,</HI> Captain <HI>Chernock,</HI> Mr. <HI>Cook,</HI> and my &s;elf: we dined there, and after Dinner Mr. <HI>Goodman</HI> came in.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray; Sir, when did you &s;ee Mr. <HI>Chernock</HI> after this, and what
<PB N="14" REF="9"> Di&s;cour&s;e had you with him about his Journey and the Succe&s;s of it?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>I never &s;aw him till three or four Days after our Riot Bu&s;ine&s;s in <HI>Drury-Lane,</HI> upon the Account of which I had been a Pri&s;oner in <HI>Newgate.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Well, and what did he &s;ay to you?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>He told me, that he had been in <HI>France,</HI> but that King <HI>James</HI> told him, the French King could not &s;pare &s;o many Men that Year; and with|all, that he had been with Sir <HI>John Freind,</HI> and the &s;everal other Per&s;ons with Me&s;&s;ages from the King, but I do not know whether he had been there or no, only as he told me that he had been, and brought that An&s;wer.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray now tell us, what other Meetings you have had about this Matter this Winter?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>I was once with Sir <HI>George Barclay</HI> and Sir <HI>John Freind</HI> at the <HI>Nag's Head</HI> in St. <HI>James's-&s;treet;</HI> I cannot tell what Di&s;cour&s;e they had, they whi&s;pered among them&s;elves.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Who el&s;e was there?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>There was Sir <HI>George Barklay,</HI> Sir <HI>William Parkins,</HI> my &s;elf, Mr. <HI>Fergu&s;on,</HI> and one <HI>Humes.</HI></P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Where was that do you &s;ay?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>At the <HI>Nag's Head</HI> in St. <HI>James's-&s;treet.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Was there any body el&s;e there that you can remember?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>Captain <HI>Chernock</HI> came in after Dinner, but I cannot &s;ay he di|ned there.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>And who el&s;e do you remember?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>There came in one <HI>Harri&s;on</HI> after Dinner, he is a reputed Romi&s;h Prie&s;t, and goes by the Name of <HI>John&s;on.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Mountague.</HI></SPEAKER>
<P>Pray, Capt. <HI>Porter,</HI> what was that Meeting for?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>They had &s;everal Whi&s;perings among them&s;elves, but what they di&s;cour&s;ed of I cannot tell.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Mountague.</HI></SPEAKER>
<P>Pray, did Sir <HI>John Friend</HI> &s;ay any thing that you heard at that Meeting?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>Sir <HI>George Barclay</HI> did &s;ay, That &s;ome People that were not &s;o violent had written over into <HI>France</HI> to &s;top this bu&s;ine&s;s; upon which &s;aid I, I hope you will have no Letter to night. Upon which Sir <HI>John Freind</HI> &s;aid, is there any thing that is hid behind the Curtain? If there be, I am not fairly dealt withal; I will proceed no further.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>If Sir <HI>John Freind</HI> has a mind to ask him any Que&s;tions, he may.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Pray, Captain <HI>Porter</HI> let me ask you this Que&s;tion, Did all that were pre&s;ent at the fir&s;t Meeting, at the <HI>King's Head</HI> in <HI>Leadenhall-&s;treet,</HI> agree to &s;end Mr. <HI>Chernock</HI> into <HI>France</HI> to the late King?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>Yes, my Lord.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>All of them?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>Yes; we de&s;ired Captain <HI>Chernock</HI> to an&s;wer to the King for us, that we would meet him at the Head of 2000 Hor&s;e.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Did Sir <HI>John Friend</HI> agree to it?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>Yes; I do po&s;itively affirm he did.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Then at the &s;econd Meeting, which, you &s;ay, was at Mrs. <HI>Mountjoys,</HI> what was &s;aid then?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>We did agree all, that Captain <HI>Chernock</HI> &s;hould go on with the Me&s;&s;age that was re&s;olved upon at the fir&s;t Meeting; and we would go on with the Bu&s;ine&s;s, and he &s;aid he would go away in two or three Days.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Will Sir <HI>John Freind</HI> ask him any Que&s;tions?</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>I will only ask him if they have done, whether he has any thing more to to &s;ay.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>No, Sir.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>The King's Council have done with him.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>Then, my Lord, I will hear all they can &s;ay, and when I have heard the whole Evidence, I &s;hall know how to an&s;wer to it.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Before you go, Captain <HI>Porter,</HI> I would ask you, what An&s;wer Mr. <HI>Chernock</HI> brought back from <HI>France?</HI></P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Porter.</HI></SPEAKER>
<P>I &s;ay, I did not meet with Capt. <HI>Chernock,</HI> till after I was out of <HI>Newgate</HI> for the Riot bu&s;ine&s;s, and then he told me, he had been there, and he
<PB N="15" REF="9"> had acquainted the &s;everal Gentlemen with the Me&s;&s;ages he had brought from King <HI>James,</HI> who thank't them for their kindne&s;s, but the <HI>French</HI> King could not &s;pare &s;o many men that year.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Then the next that we call is <HI>Brice Blair,</HI> (who was &s;worn.) Pray Sir, do you know the Pri&s;oner at the Bar, Sir <HI>John Freind?</HI></P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Yes, my Lord; and I am very &s;orry to come on &s;uch an account as I do now again&s;t him. I am &s;orry for it with all my heart&mdash;</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Well, Sir, pray will you give an account, what you know of Sir <HI>John Freind</HI>'s having a Commi&s;&s;ion from the late King to be a Colonel of Hor&s;e, and when it was, and how; pray tell my Lord, and the Jury the whole Matter.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>All that I can &s;ay to this bu&s;ine&s;s is written in my Paper, and I refer to my Paper.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>You mu&s;t not refer to your Paper, Sir, you mu&s;t tell all what you know.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>He may look upon any Paper to refre&s;h his memory.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>I did &s;ee the Commi&s;&s;ion, Sir, and I read it.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>What Commi&s;&s;ion was it, Sir?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>It was a Commi&s;&s;ion from King <HI>James,</HI> to Sir <HI>John Freind.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Where did you &s;ee it, Sir?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>I &s;aw it in his Lodgings at the <HI>Strand,</HI> when he lived near the <HI>Strand</HI> in <HI>Surrey-&s;treet.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Who &s;hew'd it you?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>He &s;hew'd it me him&s;elf.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>What was it for?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>It was for rai&s;ing a Regiment of Hor&s;e.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>When was it that you did &s;ee it? how long ago was it?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>It is well near two years ago, or thereabouts, as I remember.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Who was to have been Colonel of that Regiment?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>He was nominated to be Colonel of it him&s;elf in the Commi&s;&s;ion.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Who was the Commi&s;&s;ion directed to?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>It was directed to him, to Sir <HI>John Freind.</HI></P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Well, and what was done upon it? who were to be the Officers?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>He promi&s;ed me to be his Lieutenant Colonel; and I had the &s;ame from Mr. <HI>Harri&s;on,</HI> and there were &s;everal Letters that I &s;aw, that came from my Lord <HI>Melford</HI> and Secretary <HI>Caroll,</HI> who were with King <HI>James.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>What other Officers were there appointed?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>There was one <HI>Richard&s;on</HI> was to be one of his Captains, and there was one Mr. <HI>Fi&s;her</HI> was to be another, and one <HI>Hall</HI> another; <HI>Fi&s;her</HI> was to be his elde&s;t Captain; and one Capt. <HI>Evans</HI> was to be his Captain Lieutenant, and one Capt. <HI>Vernatti</HI> was to be another.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Do you remember who was to be his Major?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>No, Sir, I think I cannot be po&s;itive as to that. I &s;poke to Capt. <HI>Barne&s;ley,</HI> that had been a Lieutenant in King <HI>James</HI>'s Service, to be a Lieute|nant, and &s;ometimes he accepted, and &s;ometimes he refu&s;ed it.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray, What did you do as Lieutenant Colonel upon this matter?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>I endeavoured all I could to get Officers for them; and to rai&s;e Troops. I endeavoured to get what men I could my &s;elf.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray what did you do? what Officers did you procure for him?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>I told you <HI>Vernatti,</HI> and <HI>Fi&s;her,</HI> and one Mr. <HI>Hall</HI> that lives at <HI>Deal.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>What Troopers did you get under you? Did you engage any to &s;erve under you?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>What? I my &s;elf, Sir, Do you mean?</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Yes, I do.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Yes, Sir, I did.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Can you name any of them?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Yes, if I make u&s;e of my Paper.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>You may make u&s;e of your Paper to refre&s;h your memory.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>There is a Paper of Names that I gave in before the Council.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Mr. <HI>Baker,</HI> have you his Paper there? let him &s;ee it to refre&s;h his memory.</P>
</SP>
<SP>
<PB N="16" REF="10">
<SPEAKER>Mr. <HI>Baker.</HI></SPEAKER>
<P>I have none of the Papers, my Lord, they are all &s;ent before the Council.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray, Sir, can you tell who was to have been your Lieutenant in your Troop.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>One Mr. <HI>Bertram.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Mountague.</HI></SPEAKER>
<P>You &s;ay, Sir, you were con&s;tituted Lieutenant Colonel; pray, who con&s;tituted you, and made you &s;o?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>I had only a promi&s;e of it from Sir <HI>John Freind.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray did you lay out any Moneys for Sir <HI>John Freind?</HI> or did he ever pay you any Money afterwards?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Yes, I have had &s;everal &s;mall Sums of Money from Sir <HI>John Freind?</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray what was it for?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>It was to Drink with the men that belonged to the Regiment, and Encourage them.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray did Mr. <HI>Piggott</HI> pay you any Sums of Money; and by who&s;e order?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Yes, he paid me fir&s;t 20 <HI>l.</HI> and afterwards he paid me another 20 <HI>l.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>By who&s;e Order was that, Sir?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>It was by the Order of Sir <HI>John Freind.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray, Sir, how do you know that Sir <HI>John Freind</HI> ordered him to pay it you?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Becau&s;e it was the Money that <HI>Piggott</HI> had received to repay Sir <HI>John Freind,</HI> what he had advanced for the furthering of <HI>Parker</HI>'s E&s;cape out of the <HI>Tower.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>How do you know that he advanced any Money for procu|ring <HI>Parker</HI>'s E&s;cape?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>He told me &s;o him&s;elf.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>How much did Sir <HI>John Freind</HI> &s;ay he had advanced for that purpo&s;e?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>He told me 100 <HI>l.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>How did he tell you he was to be paid it again?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>He told me that King <HI>James</HI> ordered the payment of it at <HI>France,</HI> when <HI>Piggott</HI> went over, which was immediately afterwards; and I had of that, fir&s;t 20 <HI>l.</HI> and afterwards 20 <HI>l.</HI> by the order of Sir <HI>John Freind.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray, Sir, did Sir <HI>John Freind</HI> tell you what <HI>Piggott</HI> had received in <HI>France?</HI></P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Yes, he &s;aid <HI>Piggott</HI> had received 100 <HI>l.</HI> in <HI>France;</HI> and he did not pay it him, but if I could get 20 <HI>l.</HI> of him, he would allow it.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>Pray about what time was it that the fir&s;t 20 <HI>l.</HI> was received?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>I have &s;et it down in my Paper; there it is.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn: Gen.</SPEAKER>
<P>But can't you tell about what time it was.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>It was about la&s;t <HI>May,</HI> or <HI>June,</HI> the fir&s;t 20 <HI>l.</HI> was paid.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>When was the la&s;t 20 <HI>l.</HI> paid?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>It was after I was &s;ick about <HI>Michaelmas.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Cowper.</HI></SPEAKER>
<P>Pray, Sir, who was by when the la&s;t 20 <HI>l.</HI> was paid.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Mr. <HI>Piggott</HI> paid me the la&s;t 5 <HI>l.</HI> of it, (for I received it at &s;everal Payments from Mr. <HI>Piggott</HI>) but the la&s;t 5 <HI>l.</HI> was before Sir <HI>John Freind</HI> at <HI>Jona|than</HI>'s Coffee-Hou&s;e.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray do you know any thing of Sir <HI>John Freind</HI>'s receiving any Letter from King <HI>James.</HI></P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Yes, he told me he had a Letter from King <HI>James?</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>How long ago was that?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Truly, I can't tell.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>I don't ask you the preci&s;e Day, but was it within a Twelve-month?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Yes, I believe it might be thereabouts.</P>
</SP>
<SP>
<SPEAKER>Freind.</SPEAKER>
<P>My Lord, I de&s;ire he may &s;peak out, for I don't hear half he &s;ays.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Repeat it to him again.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>Blair.</HI></SPEAKER>
<P>Sir, you told me you had received a Letter from King <HI>James.</HI></P>
</SP>
<SP>
<PB N="17" REF="10">
<SPEAKER>Sir John Friend.</SPEAKER>
<P>My Lord, I &s;hall an&s;wer to this all afterwards.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray, had you at any time any Di&s;cour&s;e with Sir <HI>John Friend</HI> about one <HI>Slater?</HI></P>
</SP>
<SP>
<SPEAKER>Capt. Blair.</SPEAKER>
<P>Yes, I had.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray tell what that was.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>He told me he was to bring him in &s;everal Officers; and that he had intended to make two Lieutenant-Colonels, whereof Captain <HI>Slater</HI> was to be one; but when he &s;aw I was not &s;atisfy'd with that, he &s;aid he &s;hould Com|mand a Troop of Non-&s;wearing Par&s;ons, and they &s;hould be an Indepen|dent Troop.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>You &s;ay that <HI>Slater</HI> was to Command that Troop.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, and it was to be an Independant Troop.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>I think you &s;ay that he and you met at <HI>Jonathan</HI>'s Coffee-hou&s;e.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, we did &s;o.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray what Di&s;cour&s;e had you there?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I called him a&s;ide, and de&s;ired to &s;peak to him; and it was when Mr. <HI>Fi&s;her</HI> told me of this Plot, and de&s;ired me to &s;peak to him, a little before this horrible Con&s;piracy broke out. And I told him what I heard from <HI>Fi&s;her,</HI> and from <HI>Harri&s;on</HI> the Prie&s;t about it; and he told me that he had heard of it, and he was afraid it would ruine King <HI>James,</HI> and his Affairs.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>What was it that you told him you had heard?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>This la&s;t horrid thing, the Con&s;piracy again&s;t the King's Life.</P>
</SP>
<SP>
<SPEAKER>Mr. Cooper.</SPEAKER>
<P>Was it before it broke out that he told you he knew of it?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, It was &s;hortly before it broke out.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray did you meet with him again, and did he carry you in his Coach at any time?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, he did, Sir.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>What Di&s;cour&s;e had you then, when you was with him in the Coach?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>He took me in his Coach to St. <HI>Martins Legrand,</HI> and, &s;ays he, I will do nothing till the <HI>Thoulon</HI> Fleet meet with the <HI>Bre&s;t</HI> Fleet; at that time perhaps we &s;hall be all taken up; but, &s;ays he, you may &s;culk about the Town better than I can; and therefore I'll keep my &s;elf private; and we mu&s;t be as good Husbands of our Money as we can; for Money will be very &s;carce. What do you think you &s;hall need, &s;ays he? Truly, Sir, &s;ays I, I can't tell; that mu&s;t be according as I am mounted. For I found I had a few Indigent Officers at that time.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray what were you to doe?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>We were to &s;culk up and down; and when he asked me what Money I &s;hould need, I told him I could not tell; for there were &s;everal Indigent Officers, mo&s;t of which begg'd at that time; and here is a Letter that I had from Sir <HI>John Friend,</HI> to confirm my receiving Money from him.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Is that Sir <HI>John Friend</HI>'s own hand?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, Sir, it is.</P>
</SP>
<SP>
<SPEAKER>Mr. Att Gen.</SPEAKER>
<P>Then put it in, give it hither. <STAGE>(It was delivered in to the At|torney-General.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray what have you heard Sir <HI>John Friend</HI> &s;ay of Sir <HI>John Fen|wick</HI>'s being concern'd in this matter?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I heard him &s;ay, that he believed, that he &s;hould command the Party that he was ingaged in, and that Sir <HI>John Fenwick</HI> had Four Troops of Hor&s;e, that lay near <HI>Reading</HI> to be imployed.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>For what purpo&s;e.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>To be in readine&s;s upon the De&s;cent.</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>Gentlemen of the Jury, I can't hear a word, I hope you hear.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray Sir look upon that Letter; you &s;ay you had that Letter from Sir <HI>John Friend,</HI> pray who is that <HI>H</HI> that is mentioned in it?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>It means <HI>Harri&s;on,</HI> alias <HI>John&s;on</HI> the Prie&s;t.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray, what was that Letter written for?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>It was about the la&s;t 20 <HI>l.</HI> that I was to receive from <HI>Piggot.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Is that Sir <HI>John Friend</HI>'s hand?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, I think &s;o</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Have you &s;een Sir <HI>John Friend</HI> write?</P>
</SP>
<SP>
<PB N="18" REF="11">
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, I have &s;een him write, and I think it is the &s;ame hand.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Then we de&s;ire it may be read.</P>
</SP>
<STAGE><HI>Then a Juryman de&s;ired, he might be ask'd whether he did &s;ee Sir</HI> John Friend <HI>write that Letter.</HI></STAGE>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>What &s;ay you, did you &s;ee him write that Letter?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>No, my Lord; it came to my Lodging.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Did ever he own to you he had writ you &s;uch a Letter?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, he did?</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray let it be read; read it all, for it is but &s;hort.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<STAGE>(Reads)</STAGE>
<P><HI>For Capt.</HI> Blaire, <HI>The&s;e.</HI></P>
<LETTER LANG="eng">
<HEAD><HI>Tue&s;day</HI> Morning.</HEAD>
<OPENER><SALUTE>SIR,</SALUTE></OPENER>
<P>YOU may much wonder you have not receiv'd an An&s;wer of Yours before now. I have been afflicted with the Gout in my hand and foot that I have not been able to put Pen to Paper; (I thank God) I am &s;omewhat better, and do hope to be in <HI>London</HI> a <HI>Thur&s;day</HI> next, about the hour of Twelve, at <HI>Jonathan</HI>'s Coffee-hou&s;e, if the Weather do not prevent me; if it do, I &s;hall not come before <HI>Monday</HI> following: I do de&s;ire you for to meet me about that hour, for its not convenient for to write a Note to Mr. <HI>H.</HI> for &s;ome Rea&s;ons I &s;hall give you, when I &s;ee you. I wi&s;h you good Health. <HI>I am, Sir,</HI></P>
<CLOSER><SIGNED><HI>Your Affectionate Friend, and Servant,</HI> John. Friend.</SIGNED></CLOSER>
</LETTER>
</SP>
<SP>
<SPEAKER>Juryman.</SPEAKER>
<P>Pray, Sir, what Date is it of?</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>It has no Date, but <HI>Tue&s;day</HI> Morning.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Did Sir <HI>John Friend</HI> meet you on the <HI>Thur&s;day,</HI> according to this Letter?</P>
</SP>
<SP>
<SPEAKER>Juryman.</SPEAKER>
<P>My Lord, I de&s;ire he may be ask'd, How this Letter came to him, whether by the Penny-po&s;t, or how?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I don't know, I believe it was by a Porter: It came fir&s;t to me when I was in Bed, and my Wife brought it up to me.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray, Sir, an&s;wer my Que&s;tion. Did Sir <HI>John Friend</HI> after|wards meet you at <HI>Jonathan</HI>'s <HI>Coffee-Hou&s;e,</HI> according to this Letter?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, Sir, he did.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>And did you there &s;peak about the Bu&s;ine&s;s that's contained in that Letter?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, Sir, and accordingly I had the Order.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>What Order?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>An Order for the 20 <HI>l.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Soll. Gen.</SPEAKER>
<P>Capt. <HI>Blaire,</HI> Do you remember that you dined with Sir <HI>John Friend,</HI> near the <HI>Exchange,</HI> in <HI>January</HI> la&s;t?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, I think, I did, Sir.</P>
</SP>
<SP>
<SPEAKER>Mr. Soll. Gen.</SPEAKER>
<P>What Di&s;cour&s;e was there between you then? Who was with you be&s;ides you Two?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I mu&s;t refer that to my Paper.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Well then, What Di&s;cour&s;e was between you and Sir <HI>John Friend</HI> there?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>It is down in my Paper.</P>
</SP>
<SP>
<SPEAKER>Mr. Soll. Gen.</SPEAKER>
<P>Do you know one Captain <HI>Ridley?</HI></P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, Sir.</P>
</SP>
<SP>
<SPEAKER>Mr. Soll. Gen.</SPEAKER>
<P>Was he at any time pre&s;ent, when you, and the Pri&s;oner at the Bar were together.</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>My Lord, I cannot hear a Word he &s;ays.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Here is a great Noi&s;e indeed, and he it &s;eems is not well and &s;peaks but low; pray order Silence in the Court. <STAGE>(Which was done by Proclamation.)</STAGE></P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Look ye, Sir <HI>John Friend,</HI> he &s;peaks of a Letter that you &s;ent to him, that bears date &s;ome <HI>Tue&s;day</HI> Morning, that you would be in Town, and meet him at <HI>Jonathan</HI>'s <HI>Coffee-Hou&s;e</HI> upon <HI>Thur&s;day</HI> following, at Twelve a
<PB N="19" REF="11"> Clock; and that Letter was read, and he &s;ays he met you accordingly, and there was Order taken for the Payment of the la&s;t 20 <HI>l.</HI> This is that he &s;ays, Did you hear it?</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>No, my Lord, I did not.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>That is what he &s;aid. Then go on: You &s;ay he met you at <HI>Jonathan</HI>'s <HI>Coffee-Hou&s;e</HI> according to that Letter.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, my Lord.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>What was done there when you met?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Nothing but the Order.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Who did he give the Order to?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>He gave the Order to <HI>Harri&s;on.</HI></P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Why, was <HI>Harri&s;on</HI> there?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, he came there before I came away.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>But you &s;ay he gave the Order to <HI>Harri&s;on?</HI></P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, my Lord.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>What was the Order for?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>It was to pay me that Money.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>What Money was that?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>It was the la&s;t 20 <HI>l.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Was the 20 <HI>l.</HI> paid you afterwards.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, Sir.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Who paid it?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Mr. <HI>Piggot,</HI> he paid me the la&s;t 5 <HI>l.</HI> of it before Sir <HI>John Friend</HI>'s Face.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Was this the fir&s;t 20 <HI>l.</HI> or the la&s;t, do you &s;ay?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>It was the la&s;t.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>What was this Money paid for?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I believe it was to &s;upport me, to go about the Bu&s;ine&s;s of the Re|giment.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>You believe, that's not enough; But are you &s;ure it was &s;o?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, I am &s;ure it was for that.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Had you ever demanded Money of him before?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, I had.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>For what was that Money that you demanded?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>It was to drink with the Men that were brought in; to cheri&s;h, and keep them together.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>To what purpo&s;e were tho&s;e Men kept together?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>They were for his Regiment.</P>
</SP>
<SP>
<SPEAKER>Mr. Soll. Gen.</SPEAKER>
<P>Pray, had Sir <HI>John Friend</HI> any occa&s;ion to pay you any Money upon any other Account?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>No, Sir, not out of that 100 <HI>l.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Cooper.</SPEAKER>
<P>You do not under&s;tand the Que&s;tion; Had you any Dealings with Sir <HI>John Friend,</HI> but about this Matter concerning the Regiment?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>No, never in all my Life.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Well, Sir, do you remember your Meeting with Sir <HI>John Friend</HI> when one <HI>Ridley</HI> was there.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, it was at the Chop-Hou&s;e.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Give an Account what pa&s;t there.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Mr. <HI>Ridley</HI> &s;aid, A Gentleman was lately gone over to <HI>France,</HI> about Ten Days before; and Mr. <HI>Ridley</HI> &s;aid, he was a very &s;en&s;ible Gentleman, a Roman Catholick, an ancient Man, about Three&s;core Years of Age; what he was, I can't tell: He &s;aid, he believed he &s;hould bring the la&s;t Orders.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>What did Sir <HI>John Friend</HI> &s;ay?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Sir <HI>John Friend</HI> &s;aid, He knew of it; but he named no more.</P>
</SP>
<SP>
<SPEAKER>Mr. Soll. Gen.</SPEAKER>
<P>What was the Effect of tho&s;e Orders, as you under&s;tood?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I cannot tell that, Sir, indeed.</P>
</SP>
<SP>
<SPEAKER>Mr. Soll. Gen.</SPEAKER>
<P>Did you know Mr. <HI>Chernock?</HI></P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, Sir, I did.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>What do you know of his going to <HI>France.</HI></P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I met him upon the <HI>Exchange</HI> the la&s;t Summer, and I told him, I expected not to have &s;een him here at that time, I thought he had been abroad;
<PB N="20" REF="12"> he told me he was come from <HI>France;</HI> but who &s;ent him I cannot tell, I doe not know upon my life.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray what has Sir <HI>John Friend</HI> &s;aid to you about <HI>Fergu&s;on?</HI> whe|ther was not he to have been an Officer in his Regiment?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>No: But Sir <HI>John Friend</HI> &s;aid, he would Joyn, and Mr. <HI>Fergu&s;on</HI> him|&s;elf has told me &s;o.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>When did he tell you &s;o?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>A good while ago.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>How long ago?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Two Year ago and above.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Did Sir <HI>John Friend</HI> tell you any thing about <HI>Fergu&s;on,</HI> that he would bring in any Men?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, he &s;aid he would bring in a great many.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Will the Pri&s;oner ask him any Que&s;tions?</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Sir <HI>John Friend,</HI> will you ask this Witne&s;s any Que&s;tions?</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>Yes, my Lord, I &s;hall by and by, if they have done with him.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Yes, they have done with him.</P>
</SP>
<STAGE>Then he pau&s;ed, and peru&s;ed his Papers.</STAGE>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>Fir&s;t, as to the Commi&s;&s;ion you charge me with, that I &s;hould receive a Commi&s;&s;ion from King <HI>James;</HI> I de&s;ire to know, whether it was &s;igned, or &s;ealed, and what Date it was?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I cannot tell the Date indeed, Sir <HI>John;</HI> for I never thought to come in here upon &s;uch an Account as this: But I think it was in Paper, &s;igned above <HI>James Rex,</HI> and below, By his Maje&s;ties Command, <HI>Melford;</HI> and a little Seal upon the Margent.</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>This is the harde&s;t thing in the World upon a Man, here you have charged me with Money to Sub&s;i&s;t and Incourage Soldiers.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes Sir.</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>I would only &s;ay this, you were Recommended to me for a very Hone&s;t Man, and you have come to me &s;everal times, and told me, Sir, My nece&s;&s;ities are very great, I am ready to Starve, I have a great Charge; for God's &s;ake will you be plea&s;ed to be&s;tow &s;omething upon me, to relieve my Nece&s;&s;ities. It's true, I have given you Money &s;everal times, but I ne|ver gave it for any other u&s;e but Charity; God knows my heart. I de&s;ire you, to con&s;ider with your &s;elf and An&s;wer it. There is a God above where you mu&s;t give an Account as well as I, and I hope you will con&s;ider of it. Pray declare the truth, Whether you have not writ tho&s;e lines to me &s;everal times, that you were ready to Starve, and beg'd of me to relieve your Nece&s;&s;ities?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I have &s;o, Sir, I acknowledge it?</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>Pray take me right, and was not that Money I gave You, only upon pure Charity?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Yes, you did give me Charity, but I had expended &s;o much Mo|ney in your Bu&s;ine&s;s, that reduced me to that, God knows my heart. I have laid out many a Pound upon this Affair.</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>It is the harde&s;t thing in the World, this is a Roman Catho|lick too.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I am &s;ure it co&s;t me many a Pound more than ever I had of you.</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>You &s;ay you Li&s;ted a great many Men, who were the Men? What are their Names? what were they For?</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I have given a Li&s;t in of them to the Council.</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>Who are they? for God knows I know nothing of them.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>If you have a Li&s;t there, let it be produced.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I gave it in to the Council; and Sir <HI>John</HI> I brought in &s;everal Of|ficers to you.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Remember, and name as many as you can.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>I have named the Officers already.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Name them again.</P>
</SP>
<SP>
<SPEAKER>Capt. B.</SPEAKER>
<P>Did not I bring Capt. <HI>Fi&s;her</HI> to you, and did not you promi&s;e to make him your Elde&s;t Captain?</P>
</SP>
<SP>
<SPEAKER>Sir John Friend.</SPEAKER>
<P>No, you never did.</P>
</SP>
<SP>
<PB N="21" REF="12">
<SPEAKER>L. C. J. H.</SPEAKER>
<P>The&s;e are Que&s;tions of your own asking, &s;o you mu&s;t hear him.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>I brought Capt. <HI>Fi&s;her</HI> to you, and accordingly we Dined at Capt. <HI>Simons</HI>'s, and there was Capt. <HI>Ridley,</HI> Mr. <HI>Richard&s;on,</HI> and Mr. <HI>Fi&s;her</HI> and you talk'd together, and you li&s;tned to him, and in my own hearing you promi&s;ed he &s;hould be elde&s;t Captain, upon Condition, that he would bring in a Troop; and this is true, &s;o help me God.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Pray where are your Men? and what are your Men that you Li&s;ted?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>I never &s;poke of Li&s;ting, I only &s;poke of Encouraging.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Did not you &s;ay you had Li&s;ted a great many Men for to be of my Regiment?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>No, Sir, I did not.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>I think you do mi&s;take, Sir <HI>John,</HI> he did not &s;ay Li&s;t.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>I had Money from you upon the account of Encouraging, and Treat|ing, and Drinking with a great many of the Men: And you &s;aid it was impo&s;&s;ible to keep them together, but that I mu&s;t have Money to Treat them, and Drink with them; but you de&s;ired me to be as good a Husband as I could.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I never &s;aid &s;o, the&s;e are very hard things upon me.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>Did not I bring Capt. <HI>Cole</HI> and Capt. <HI>Neale</HI> to you, and his Brother-in-Law Mr. <HI>Robin&s;on,</HI> and Mr. <HI>Gellibrand?</HI> and did not we Dine together?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I know nothing of all this, I declare to you.</P>
</SP>
<SP>
<SPEAKER>L, C. J. H.</SPEAKER>
<P>If you will ask him any more Que&s;tions, doe.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>I brought tho&s;e three Gentlemen, and we Dined together.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Where did you Dine then?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>At <HI>Hackney,</HI> when Sir <HI>John</HI> lived there, at his own Hou&s;e.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>When was it?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>It is above a year ago. Pray, Sir <HI>John,</HI> don't think to da&s;h me out of Countenance, tho' I am very ill; I &s;peak nothing but the truth; and therefore I will not be da&s;ht out of Countenance. You know what I &s;ay to be true; you then drank a Gla&s;s of Wine to Capt. <HI>Cole:</HI> And did not you promi&s;e him, becau&s;e he was one of your Mothers Name, that he &s;hou'd have a Place in the Exci&s;e next one of the Commi&s;&s;ioners. Says I, Sir <HI>John,</HI> what will you give me? O, &s;ays he, you &s;hall have the Regiment, Man. This was before <HI>Robin&s;on,</HI> his Mother-in-Law, and Mr. <HI>Gellibrand.</HI></P>
</SP>
<SP>
<SPEAKER>L. J. C. H.</SPEAKER>
<P>Who was to have the Place in the Exci&s;e?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>Captain <HI>Cole.</HI></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I know not a word of all this.</P>
</SP>
<SP>
<SPEAKER>Mr. J. Rokeby.</SPEAKER>
<P>Capt. <HI>Blair,</HI> be not da&s;hed, but &s;peak the truth, and you need fear nothing.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>This I &s;ay, was before Mr. <HI>Robin&s;on</HI> and Mr. <HI>Gellibrand.</HI></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I don't know <HI>Gellibrand,</HI> nor none of them.</P>
</SP>
<SP>
<SPEAKER>L. J. C. H,</SPEAKER>
<P>Was that <HI>Cole</HI> to be any thing in the Regiment?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>Yes, he was to have been a Captain, and to bring in a Troop.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Sir <HI>John,</HI> will you ask him any more Que&s;tions?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>No, I mu&s;t depend upon the Jury, for I cannot remember half what he has &s;aid.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Do you remember any Di&s;cour&s;e between you and him, about &s;ome brisk Men that were to follow him?</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>But before you ask him, Mr. Solicitor, we mu&s;t know whether he will ask him any more Que&s;tions, for he is now his Witne&s;s. Do you ask him any more Que&s;tions, Sir <HI>John?</HI></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I can ask about no more then what I hear.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>But ask him what you will.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I have not heard half of what he has &s;aid, I hope the Jury will take care in it.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Some part of it was twice repeated to you.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>As to that, my Lord, I would ask him a Que&s;tion or two. Was that my Letter?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>Yes, it was.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Did you &s;ee me write it?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>No, it came to my hands by a Porter, as I believe, when I was in Bed, my Wife brought it up to me.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>What was that Letter for?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>In order to pay the la&s;t 20 <HI>l.</HI> and I did &s;ee a Return of a Letter that you Writ to King <HI>James.</HI></P>
</SP>
<SP>
<PB N="22" REF="13">
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>Who &s;hewed you that Letter to King <HI>James?</HI></P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>He &s;hew'd it me him&s;elf.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>How long ago is that?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>A Year, and a half ago, as near as I can Remember.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Did he &s;ay any thing of an An&s;wer he had to it.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>Yes, but I cannot Remember what it was Directly.</P>
</SP>
<SP>
<SPEAKER>Juryman.</SPEAKER>
<P>He was plea&s;ed to &s;ay he &s;aw a Letter from King <HI>James.</HI></P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>No, No, Sir, it was a Letter to King <HI>James.</HI></P>
</SP>
<SP>
<SPEAKER>Juryman.</SPEAKER>
<P>My Lord, I de&s;ire he may be asked, if he knows the Contents of that Letter?</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Did you &s;ee him write the Letter, or did he &s;hew you the Letter he had Writ?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>I did not &s;ee him write the Letter, I &s;ee his hand to the Letter, and he &s;hew'd me the Letter, that he &s;aid he had written to King <HI>James;</HI> and there is this particular pa&s;&s;age to Confirm it, it was at Mr. <HI>Piggotts</HI> Mothers hou&s;e; I dined with him there that Day, and when he &s;hew'd me the Letter, I told him I was &s;o well plea&s;ed with the Penning it, that I belived Mr. <HI>Fergu&s;on</HI> had a hand in it; and he was very angry, that I &s;hould think, he was not able to write, and did not write the Letter him&s;elf.</P>
</SP>
<SP>
<SPEAKER>Juryman.</SPEAKER>
<P>My Lord, &s;ince it &s;eems, he peru&s;ed the Letter, I de&s;ire he may be asked, whether he can Remember the Contents of that Letter, or any of it?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>Really, my Lord, I cannot tell that particularly: but I am apt to think it was about the bu&s;ine&s;s of the King, and about the Regiment.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Can you tell truly any the Contents of it?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>That it was about the affaires of the Regiment, I am po&s;itive.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Cowper.</HI></SPEAKER>
<P>My Lord, before he goes away (that the Jury may not go away with a mi&s;take,) I de&s;ire it may be Ob&s;erved, he does not &s;ay, he &s;aw Sir <HI>John Friend,</HI> write the Letter.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>No, no; but that he &s;hew'd it him him&s;elf.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>When was that Letter writ that I &s;hew'd to you?</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>It was about a Year and a half ago.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I declare in the pre&s;ence of God, I never writ one.</P>
</SP>
<SP>
<SPEAKER>Jurym.</SPEAKER>
<P>He &s;ayes you &s;hew'd him the Letter, therefore it is very fit we &s;hould &s;ee it.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Nay, Sir you mu&s;t not talk to the Pri&s;oner; if you have any Que&s;tions to ask, you mu&s;t propo&s;e them to the Court.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I declare in the pre&s;ence of God, I never writ any &s;uch Letter, as this that he now charges me with.</P>
</SP>
<SP>
<SPEAKER>Capt. <HI>B.</HI></SPEAKER>
<P>And I declare in the pre&s;ence of God you &s;hew'd me &s;uch a Letter.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Yes, you may, but I am a Prote&s;tant, you are a Papi&s;t, you may do any thing.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>You may ask any Que&s;tions of him, Sir <HI>John,</HI> but you mu&s;t not rail at the Witne&s;s.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>But when you charge me with the Writing of a Letter to King <HI>James,</HI> I ought to &s;peak to it. It &s;eems I am not to ask, whether he is a <HI>Papi&s;t.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>He &s;ays you &s;hew'd him a Letter, that you &s;aid you had Written to King <HI>James,</HI> which he Read, and liked the Penning of it &s;o well, that he thought <HI>Fergu&s;on</HI> had a hand in it; at which you were offended that he &s;hould think you could not write &s;uch a Letter your &s;elf.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I declare in the pre&s;ence of God I never writ any &s;uch Letter.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>I &s;uppo&s;e you'l di&s;prove him by and by.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I can have no Witne&s;&s;es to this matter.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>And you can't expect your own Denyal &s;hould go for proof. If you will ask him no more Que&s;tions, let him go down, and ea&s;e him&s;elf.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>He mu&s;t not be askt whether he is a <HI>Papi&s;t,</HI> but I hope you'l take notice, Countrymen, that the&s;e Witne&s;&s;es are <HI>Papi&s;ts,</HI> and they think they merit Heaven by &s;wearing again&s;t Prote&s;tants, whom they call <HI>Hereticks.</HI></P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Indeed, Sir <HI>John,</HI> I Don't hear you: pray &s;peak &s;o loud that the Court may hear what you &s;ay.</P>
</SP>
<SP>
<SPEAKER>Frind.</SPEAKER>
<P>I will, my Lord; I &s;ay he is a Roman Catholick, and I have Witne&s;&s;es to &s;wear he is &s;o, and De&s;ire I may prove that he is a Roman Catholick, and there|fore he is not to be heard again&s;t a Prote&s;tant.</P>
</SP>
<SP>
<PB N="23" REF="13">
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>Then the next Witne&s;s we call is Mr. <HI>Bertram</HI> <STAGE>(who was &s;worn)</STAGE></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>But I have not done with Mr. <HI>Porter.</HI></P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Well, you &s;hall have him by and by, let the Kings Councel go on in their Method.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>Pray Mr. <HI>Bertram</HI> do you know Capt. <HI>Blair</HI> that was here ju&s;t now?</P>
</SP>
<SP>
<SPEAKER>Bertram.</SPEAKER>
<P>Yes.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>How long have you Known him?</P>
</SP>
<SP>
<SPEAKER>Bertram.</SPEAKER>
<P>About Eight or Nine Years.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>What di&s;cour&s;e have you had with him about any Regiment that was to be rai&s;ed for the late King <HI>James.</HI></P>
</SP>
<SP>
<SPEAKER>Bertram.</SPEAKER>
<P>Capt. <HI>Blair</HI> had told me for two Years la&s;t pa&s;t that Sir <HI>John Friend</HI> was to have a Regiment of Hor&s;e, that were to be rai&s;ed, and lye po&s;ted about the Town, and Capt. <HI>Blair</HI> was to be the Lieutenant-Colionel to the Regiment, and I was to be Leiutenant. to Captain <HI>Blair</HI> in his Troop.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>My Lord, we only call him to Confirm what Captain <HI>Blair</HI> has &s;aid that he was to be his Leiutenant, and that this was talked of two Years before. Did he tell you Sir <HI>John Friend</HI> was to have a Regiment of Hor&s;e?</P>
</SP>
<SP>
<SPEAKER>Bertram.</SPEAKER>
<P>Yes Sir, and he Oblidged me to bring in as many Men, and Hor&s;es as I could into this Regiment, and he told me Captain <HI>Fi&s;her,</HI> Captain <HI>Vernatti,</HI> and Captan <HI>Cole</HI> were to be Captains in the Regiment.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>And what were you to be?</P>
</SP>
<SP>
<SPEAKER>Bertram.</SPEAKER>
<P>A Lieutenant.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>To whom?</P>
</SP>
<SP>
<SPEAKER>Bertram.</SPEAKER>
<P>To Captain <HI>Blair;</HI> he has told me &s;o &s;everal times, and talked to me about the affairs of the Regiment; a great Deal that I cannot now Remember rela|ting to that purpo&s;e.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>This is no Evidence again&s;t Sir <HI>John Friend;</HI> he is only called to Con|firm the te&s;timony of Captain <HI>Blair;</HI> that <HI>Blair</HI> &s;poke of it long before he gave his Evidence, and &s;o it is not a new thing now Invented by him.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Sol. Gen.</HI></SPEAKER>
<P>Sir <HI>John Friend</HI> did ask what Men he had Ingaged, and among others he named this Mr. <HI>Bertram</HI> to be his own Lieutenant, and he now tells you <HI>Blair</HI> promi&s;ed him &s;o to be two Years ago, and then told him Sir <HI>John Friend</HI> was to have a Regiment.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Do you know me Sir?</P>
</SP>
<SP>
<SPEAKER>Bertram.</SPEAKER>
<P>No, Sir, I never was in your Company in my Life, I only tell you what I have heard from Captain <HI>Blair,</HI> I do not Know that ever I &s;aw your face.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>His Evidence Sir <HI>John Friend</HI> hurts you not, as to any particular thing that he Knows again&s;t you, he is only brought to Confirm what Captain <HI>Blair</HI> &s;aid, that he was to be his Lieutenant in his Troop.</P>
</SP>
<SP>
<SPEAKER>M. <HI>Att. Gen.</HI></SPEAKER>
<P>Then, my Lord, we leave it here.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Look ye Sir <HI>John Friend,</HI> the Kings Councel have done, and now you may &s;peak, and &s;ay what you have a mind to &s;ay in your own Defence.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>J. Rok.</HI></SPEAKER>
<P>And call what Witne&s;&s;es you have a mind to call.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, In the fir&s;t place, I de&s;ire to Know whether Mr. <HI>Courtney</HI> is come.</P>
</SP>
<SP>
<SPEAKER><HI>L. C.</HI> J. <HI>H.</HI></SPEAKER>
<P>Your Solicitor can be&s;t tell that.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I perceive he is not come.</P>
</SP>
<SP>
<SPEAKER><HI>L. C</HI> J. <HI>H.</HI></SPEAKER>
<P>Well go on: I &s;uppo&s;e he will not be long before he comes, we will &s;tay for him.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I mu&s;t wait for my Witne&s;s: But in the mean time, as to Mr. <HI>Porter</HI>'s Evidence. I own I was at the meeting at the <HI>King</HI>'s <HI>Head</HI> in <HI>Leaden Hall Street;</HI> I declare I was at that place, and there were &s;ome Gentlemen there, but how many or whom I cannot &s;ay, but I Declare, there was not one word &s;poken there of any rai&s;ing of men, nor any thing of that nature, that he &s;peaks of, but only we were Drinking a Gla&s;s of Wine, and eating a Di&s;h of meat together, and Sir <HI>John Fen|wick</HI> at that time comming in &s;aid to us, I De&s;ire you to come to our end of the Town, and take a Di&s;h of meat with us. And there was nothing &s;poke of any thing relating to the Government. Gentlemen the&s;e are Papi&s;ts, and I am a Prote&s;tant, they Don't care what they &s;ay, for they think they merit Heaven by De&s;troying Pro|te&s;tants; and they are not to be believed, and that is the rea&s;on that I was not to ask them the Que&s;tion, for by Law they are not Witne&s;&s;es, and for that I appeal to your Lord&s;hip.</P>
</SP>
<SP>
<PB N="24" REF="14">
<SPEAKER><HI>L. C.</HI> J. H.</SPEAKER>
<P>Why are they not Witne&s;&s;es?</P>
</SP>
<SP>
<SPEAKER>Fri.</SPEAKER>
<P>Nay I appeal to your Lord&s;hip.</P>
</SP>
<SP>
<SPEAKER><HI>L. C.</HI> J. H.</SPEAKER>
<P>Truely I think they are Witne&s;&s;es, I know nothing to the Contrary.</P>
</SP>
<SP>
<SPEAKER>Fri.</SPEAKER>
<P>My Lord, Papi&s;ts are not good Witne&s;&s;es again&s;t Prote&s;tants for this rea&s;on, ha t I &s;hall tell you I am advi&s;ed, my Lord, that a Papi&s;t is not a good Witne&s;s to prove a Prote&s;tant a Traytor within the <HI>Stat.</HI> of 25. of <HI>Ed.</HI> 3.</P>
</SP>
<SP>
<SPEAKER><HI>L. C</HI> J. H.</SPEAKER>
<P>Who &s;ays &s;o?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I De&s;ire to know whether there is &s;uch a Statute?</P>
</SP>
<SP>
<SPEAKER><HI>L. C.</HI> J. H.</SPEAKER>
<P>Yes, no Doubt of it, there is &s;uch a Statute as that of the 25. <HI>Ed.</HI> 3. about Trea&s;ons.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Pray, my Lord, does not that make it &s;o?</P>
</SP>
<SP>
<SPEAKER><HI>L. C. J.</HI> H.</SPEAKER>
<P>No indeed, I know no &s;uch thing.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Sol. Gen.</HI></SPEAKER>
<P>That cannot be, my Lord, that any &s;uch thing &s;hould be, for all were Papi&s;ts then, there was no &s;uch thing as a Prote&s;tant in the time of <HI>Ed.</HI> 3.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, there is the Statute of the third of <HI>James</HI> the fir&s;t. <HI>Cap.</HI> 4th. and other Statutes made in the time of King <HI>Charles</HI> the &s;econd, particularly in the 30th. Year of his Reign. <HI>Cap.</HI> 2d. Whereby it is plain they are not to be believed again&s;t Prote&s;tants, becau&s;e they believe them Guilty of Damnable <HI>Here&s;ie;</HI> and by tho&s;e Statutes they are reputed Infamous.</P>
</SP>
<SP>
<SPEAKER>L. C. J.</SPEAKER>
<P>Where is your Statute.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I have no Statute-Book, I de&s;ire it may be Inquired into, this advi&s;e was given me by my Lawyer, I am no Lawyer my &s;elf, there is the Statute of 3. <HI>James</HI> the fir&s;t <HI>Cap.</HI> 4. and the next is 30. <HI>Car.</HI> 2. <HI>Cap.</HI> 2.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Well the Statute-Book &s;hall be looked into.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, the per&s;on is not come, who is to give Evidence again&s;t Capt. <HI>Blair,</HI> the principal Witne&s;s, he is a Pri&s;oner at the <HI>Gate-hou&s;e,</HI> and your Lord&s;hip was plea&s;ed to &s;ay you would have patience till he came.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Yes, yes, we will &s;tay a while.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I pray my Lord do, for it will be very material for me.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Treby.</SPEAKER>
<P>Have you any thing to fill up the time with in the mean time.</P>
</SP>
<STAGE>Then <HI>William Courtney</HI> Appeared.</STAGE>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Is your Sollicitor Returned with this <HI>Habeas Corpus.</HI></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I believe he is in or about the Court, but I cannot get him to me the Crowd is &s;o great.</P>
</SP>
<STAGE>After much ado <HI>Courtney</HI> came in.</STAGE>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Is this the Witne&s;s you wou'd have?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Yes, my Lord, it is.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Then what do you &s;ay to him?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, mu&s;t I ask him the Que&s;tions?</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Yes you mu&s;t propo&s;e your Que&s;tions to the Court, and they will ask them of the Witne&s;&s;es. If this be the Per&s;on you &s;peak of you had be&s;t ex|amine him.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Mr. <HI>Courtney</HI> I de&s;ire you would &s;peak what you know of Capt. <HI>Blair.</HI></P>
</SP>
<SP>
<SPEAKER>Courtney.</SPEAKER>
<P>Gentlemen, I have been a Pri&s;oner in the <HI>Gate-hou&s;e</HI> about a Month, and while I was there Capt. <HI>Blair</HI> at the &s;ame time came in as a Pri&s;oner, as mentioned in the Proclamation; being my old Acquaintance, (I was in Bed being in upon &s;ome other accounts) and when they told me Capt. <HI>Blair</HI> was brought in, I de&s;ired him to come into my Chamber. I told him I was &s;orry to &s;ee him there, I told him I hoped he was none of tho&s;e concerned in this Plot; he &s;aid he was in the Procla|mation, but that he was Innocent, and knew nothing of the Plot, nor of the A&s;|&s;a&s;&s;ination, nor any thing like it; there was &s;everal other per&s;ons in that place at the &s;ame time, and he &s;aid he was as Innocent as the Child unborn.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Did he mention any thing of me then?</P>
</SP>
<SP>
<SPEAKER>Courtney.</SPEAKER>
<P>At that time he &s;aid nothing of you.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Pray Sir do you believe he is a <HI>Roman Catholick?</HI></P>
</SP>
<SP>
<SPEAKER>Courtney.</SPEAKER>
<P>I do not know his Religion indeed.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>But don't you know him to be a <HI>Roman Catholick?</HI></P>
</SP>
<SP>
<SPEAKER>Courtney.</SPEAKER>
<P>He bore the Character of one, but I never &s;aw him at any Church.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>J. Rokeby.</HI></SPEAKER>
<P>Pray Sir how long have you known Capt. <HI>Blair?</HI></P>
</SP>
<SP>
<SPEAKER>Courtney.</SPEAKER>
<P>By &s;ight, I have known him 6 or 7 Years.</P>
</SP>
<SP>
<PB N="25" REF="14">
<SPEAKER>Mr. J. Rokeby,</SPEAKER>
<P>Pray upon what account did you call him Captain?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>It was a common Name among all the Company: he was called &s;o.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>What, all the time that you knew him?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>Yes, all the time that I knew him, I knew no other Name that he had.</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>But did not you hear that he was reputed to be a Roman Catholick?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>Yes, I have heard that Character of him, among tho&s;e that I have known, but I have very little knowledge of his Religion.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Just. Holt,</SPEAKER>
<P>Is this what you can &s;ay?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>There are &s;everal others that were witne&s;&s;es of this, as well as I; I never &s;aw you, Sir <HI>John Friend,</HI> before in my Life, to my knowledge, nor e|ver &s;poke to you.</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>Sir, a Note was &s;ent to me, that you could do me &s;ome Service, and that was the rea&s;on I &s;ent for you. I de&s;ire Mr. <HI>Carpenter,</HI> Mr. <HI>King,</HI> and Mr. <HI>Payne</HI> may be called.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Have you done with this Man then?</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>Do you know Captain <HI>Porter,</HI> Sir.</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>Yes, I do, Sir?</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>Sir, do you know him to be a Roman Catholick.</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>Sir, I have heard that he has &s;uch a Character.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>What Character has he?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>That he is a Roman Catholick.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>That's only by hear-&s;ay.</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>My Lord, I have done with this Man.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>If you have done with him, then the Keeper may carry him back again.</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>Sir, I have &s;omething el&s;e to &s;ay.</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>My Lord, he &s;ays he has &s;omething el&s;e to &s;ay.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Then &s;et him up again, (which was done.) Well, Sir, what is it you have more to &s;ay?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>Two or three days after that time, there was a Pri&s;oner then in the Gate-hou&s;e, who was an En&s;ign in the Army, was reading the Flying-Po&s;t in my Chamber, and in that Flying-Po&s;t there was News that Captain <HI>Blair</HI> was making a great Di&s;covery, and that he had accu&s;ed Sir <HI>John Friend</HI> for having receiv'd a Commi&s;&s;ion for a Regiment, in which he was to be Lieu|tenant Colonel, and &s;aid a great deal about that Regiment, how he had re|ceiv'd Sub&s;i&s;tence Money for them from Sir <HI>John Friend.</HI> A little after Capt. <HI>Blair</HI> came into the Room, and asked me if I had got the News; I told him yes; and Captain <HI>Blair</HI> then askt what was the import of it? I told him it was there, that he was making a great Di&s;covery, and particularly, that he was to be Lieute|nant Colonel to Sir <HI>John Friend,</HI> and had received Sub&s;i&s;tence Money from Sir <HI>John Friend</HI> for the Men of the Regiment. Captain <HI>Blair</HI> an&s;wered, That they might put what they would in the News, but he knew nothing of it, nor did not receive any Money; and this was a great &s;urprize upon me, and upon tho&s;e others that heard him, when we were told he was to be the main Evi|dence again&s;t Sir <HI>John Friend.</HI></P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>Well, Sir, do you know any thing el&s;e?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>Captain <HI>Blair</HI> was bemoaning him&s;elf afterwards, that he went a|gain&s;t his Con&s;cience in this thing, and his Wife told me that he was very much concerned, becau&s;e he was going to do this again&s;t his Con&s;cience, and &s;he was &s;ure it would break his Heart.</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>Do you know any thing more?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>And he told me in his Chamber upon <HI>Friday</HI> Night la&s;t, about Nine a Clock I came to &s;ee him, he lay upon his Bed very ill, and his Wife was with him; I asked him how he did, and he clapt his Hands, and &s;aid he was very ill. Pray, &s;aid I, what ails you? Sure you have gotten &s;ome very great Cold. Oh! no &s;ays he, Life is &s;weet, I don't know what it is I ail, but were it not for Life, I &s;hould never do what I do.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Did he tell you he went again&s;t his Con&s;cience?</P>
</SP>
<SP>
<PB N="26" REF="15">
<SPEAKER>Courtney,</SPEAKER>
<P>His Wife and he &s;poke at fir&s;t, that he went again&s;t his Con&s;cience, and he believed his Con&s;cience was in a mi&s;erable State, and this I &s;poke inno|cently among &s;ome of the Pri&s;oners, and I did not know that it was taken no|tice of, but it &s;eems &s;ome Body has acquainted Sir <HI>John Friend,</HI> and &s;o I am brought here, I know nothing of being a Witne&s;s, I a&s;&s;ure you.</P>
</SP>
<SP>
<SPEAKER>Mr. J. Rokeby,</SPEAKER>
<P>Pray who were pre&s;ent when this Di&s;cour&s;e was between you and <HI>Blair?</HI> you &s;ay there were two other Per&s;ons pre&s;ent when this Di&s;cour&s;e was between you, and Captain <HI>Blair</HI> and his Wife, who were tho&s;e two Per&s;ons?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>What Di&s;cour&s;e do you &s;peak of, my Lord?</P>
</SP>
<SP>
<SPEAKER>L. Ch. Just. Holt,</SPEAKER>
<P>You &s;aid there were two Per&s;ons in your Chamber.</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>Does your Lord&s;hip mean at the reading of the Flying-Po&s;t?</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Yes.</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>My Lord, this Gentleman that I was &s;peaking off was lying down upon the Bed, and Captain <HI>Blair</HI> came into my Room ju&s;t after the News was read, and askt me if I had got the News, I told him yes, he askt what was the import of it, I told him they &s;aid that he was making a great Di&s;covery, and particularly again&s;t Sir <HI>John Friend.</HI></P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Well, and who were there then?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>This En&s;ign that is now a Pri&s;oner in the Gate-hou&s;e, who I &s;up|po&s;e can &s;ay the &s;ame thing.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray my Lord, let Mr. <HI>Blair</HI> be called while he is here, and let him know what this Witne&s;s &s;ays, that the Court and Jury may know what he has to &s;ay to it.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Yes, pray let Mr. <HI>Blair</HI> be brought in again, <STAGE>(which was done.)</STAGE></P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Treby,</SPEAKER>
<P>Now let Mr. <HI>Courtney</HI> repeat what he &s;aid now before a|bout Captain <HI>Blair</HI>'s Declarations to him.</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>My Lord, I tell your Lord&s;hip, there was one <HI>Tooley</HI> a Pri&s;oner in the Gate-hou&s;e; when he heard the Flying-Po&s;t cry'd, bought it, or it was order'd to be bought, and it being brought into my Chamber, I de&s;ired him to read it, and I was walking about the Room; in the mean time Captain <HI>Blair</HI> came in, and ask'd if we had got the News; we &s;aid yes; and he askt what News there was in it? I replyed, it is &s;aid that you are making a great Di&s;covery, that you were to be Lieutenant Colonel to Sir <HI>John Friend,</HI> and had receiv'd a great deal of Sub&s;i&s;tence Money for the Regiment; &s;ays he, They may put what they will in their News, but I know of no Regiment, nor any Sub&s;i&s;tence, nor of any Commi&s;&s;ion. The Man that read the Book, will &s;ay the &s;ame that I do.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>When was this?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>This was one Day when the Flying Po&s;t came out, the la&s;t <HI>Satur|day</HI> but one I think.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Just. Holt,</SPEAKER>
<P>But you talkt of &s;omething he &s;hould &s;ay to you of going again&s;t his Con&s;cience?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>That was upon <HI>Friday</HI> Night la&s;t, I came to &s;ee Captain <HI>Blair,</HI> and his Wife was with him, and Captain <HI>Blair</HI> was very ill, and clapping his Hands, and groaning, and moving him&s;elf, and in a very mi&s;erable Condition, truly I thought he was giving up the Gho&s;t. I askt him upon what account he was &s;o &s;ad, and told him I thought he had got &s;ome great Cold; he told me no. Well &s;aid I, Captain <HI>Blair,</HI> I under&s;tand you are going to morrow to <HI>Hick's-Hall,</HI> and I pray God direct you. <HI>(Says he)</HI> &s;everal times, I pray God direct us all; Life is &s;weet. Oh! &s;ays his Wife, Dear Sir, he would never do it, but to &s;ave his Life, but it goes again&s;t his Con&s;cience: So &s;aid I to him, you have had the Character of an hone&s;t Gentleman; I hope you will &s;how your &s;elf &s;uch, and I pray God direct you: I wi&s;h no Man's Blood may lie at your Door. Says he! I am an unfortunate Man, that is the thing that troubles me, or &s;ome|thing to that purpo&s;e; which &s;hew'd all the Remor&s;e of Con&s;cience which could be in the World. I &s;poke of this innocently among the Pri&s;oners, and it &s;eems, it was Communicated to Sir <HI>John Friend,</HI> and &s;o I am brought here to te&s;tifie it.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray what &s;ay you to this Captain <HI>Blair?</HI> you hear what he &s;ays, do you give an account what you know of it.</P>
</SP>
<SP>
<PB N="27" REF="15">
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>You hear what di&s;cour&s;e he &s;ays he had with you, what &s;ay you to it?</P>
</SP>
<SP>
<SPEAKER>Cap. Blair,</SPEAKER>
<P>My Lord, this Gentleman crowded him&s;elf in upon me, my Wife was with me, and he told me he had a Cup of Brandy, which would be good for me if I had a Cold. God knows my Heart, I de&s;ired no Company might come to me. Says he, Captain <HI>Blair,</HI> I have heard you have been an hone&s;t Gentle|man all along and you are going to <HI>Hicks's-Hall</HI> to morrow, and a great deal of &s;uch Di&s;cour&s;e as that, and I pray God Almighty Direct you; That's all that I know pa&s;t. I was very ill, very &s;ick, as I am far from being well now; but as for any thing of Remor&s;e of Con&s;cience, as I hope for Mercy and Salvation, I never expre&s;t any &s;uch thing to him.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Did your Wife &s;ay, that you were troubled, that you were going to do that which went again&s;t Con&s;cience, and you would not do it but to &s;ave your Life?</P>
</SP>
<SP>
<SPEAKER>Cap. Blair,</SPEAKER>
<P>No, I am &s;ure &s;he did not.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Did that Gentleman thru&s;t him&s;elf into your Company, or did you de&s;ire him for to come to you?</P>
</SP>
<SP>
<SPEAKER>Cap. Blair,</SPEAKER>
<P>No, he thru&s;t him&s;elf into the Room.</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>The &s;ink was hard by, and I heard <HI>Captain Blair</HI> groan, and &s;o I went in to &s;ee him; every Body had acce&s;s to him.</P>
</SP>
<SP>
<SPEAKER>Cap. Blair,</SPEAKER>
<P>Pray where is the Keeper?</P>
</SP>
<SP>
<SPEAKER>Keeper,</SPEAKER>
<P>Here, I am, Sir.</P>
</SP>
<SP>
<SPEAKER>Cap. Blair.</SPEAKER>
<P>Did not I beg of you for God's &s;ake, that no one &s;hould come to me but my Wife?</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>If the Keeper of the Gate-hou&s;e be there pray Swear him.</P>
</SP>
<STAGE>The Keeper of the Gate-Hou&s;e was Sworn.</STAGE>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>What do you &s;ay as to Captain <HI>Blair's</HI> de&s;iring that no Body &s;hould come to him, but his Wife?</P>
</SP>
<SP>
<SPEAKER>Keeper,</SPEAKER>
<P>No body was to come to him unle&s;s they forced them&s;elves upon him.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Do you know of that Man's coming to him?</P>
</SP>
<SP>
<SPEAKER>Keeper,</SPEAKER>
<P>No, Sir, I know nothing of it.</P>
</SP>
<SP>
<SPEAKER>Cap. Blair,</SPEAKER>
<P>I always de&s;ired to have the Door lockt with the Key on the in&s;ide, that no Body might come to me but whom I had a mind to.</P>
</SP>
<SP>
<SPEAKER>Keeper,</SPEAKER>
<P>He did &s;o, becau&s;e he was Ill, and no Body did come to him that I know of.</P>
</SP>
<SP>
<SPEAKER>Cap. Blair,</SPEAKER>
<P>My Wife being with me, came to me to the Bed &s;ide, while this Man was with me, and I was lying upon my Back; and &s;aid &s;he for Chri&s;t Je|&s;us's &s;ake, Dear <HI>Blair,</HI> do not &s;peak any thing.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>When was this?</P>
</SP>
<SP>
<SPEAKER>Cap. Blair,</SPEAKER>
<P>When this Gentleman was with me, &s;he de&s;ired me not to &s;ay any thing before him, becau&s;e &s;ays &s;he I do not know but he may be a Trepan.</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>Upon the Word of an hone&s;t Man, and my Reputation is as dear to me as yours is to you, &s;he &s;aid nothing of that. She told me you were going to do that which was again&s;t your Con&s;cience, and you would not do it but to &s;ave your Life.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Pray, what is this Man Committed for, you Keeper?</P>
</SP>
<SP>
<SPEAKER>Keeper,</SPEAKER>
<P>He is Committed for Su&s;picion of Trea&s;on?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>I have been taken up five times upon Su&s;picion, and this la&s;t time I was Committed to the Gate-Hou&s;e.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Where do you live, Sir?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>In Old <HI>Southampton-Buildings.</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>How long have you lived there?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>I have Lodged there about Four years and an half, there are &s;everal per&s;ons can come and give a Te&s;timony of me.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>How come you, Sir, to be brought as a Witne&s;s here?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>I was &s;urprized at it: for my part what I did was by way of Pity &s;eeing him in &s;uch a Condition; I Pitied your Soul, becau&s;e you and your Wife both &s;hew'd &s;o much trouble and remor&s;e of Con&s;cience: as for Sir <HI>John Freind,</HI> I never &s;aw him till to Day in all my life, that I know of.</P>
</SP>
<SP>
<PB N="28" REF="16">
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>What Countryman are you, Sir?</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>I am an <HI>Iri&s;h</HI> man born.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>Have you any E&s;tate in <HI>Ireland?</HI></P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>No, Sir, I have not.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>Pray how came you to go to <HI>Mr. Blair?</HI></P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>I have known him a long time; I have been often in his Company at the Coffee-hou&s;e; I cannot &s;ay I am intimately acquainted with Captain <HI>Blair,</HI> but only as I have &s;een him in the Coffee-hou&s;e a great many times.</P>
</SP>
<SP>
<SPEAKER>Mr. Sol. Gen.</SPEAKER>
<P>But I ask you how you came to go to him; becau&s;e it &s;eems he de&s;ired no body &s;hould come to him, but his Wife.</P>
</SP>
<SP>
<SPEAKER>Courtney,</SPEAKER>
<P>He may &s;ay what he plea&s;es; for he lay fir&s;t in one Room, and then in an other, and he could never go to the Nece&s;&s;ary Hou&s;e, but he mu&s;t go thorough my Room: but if you plea&s;e to &s;end for <HI>Mr. Tooley,</HI> and Captain <HI>Courtney</HI> they will &s;ay and Swear that the&s;e things pa&s;t in their pre&s;ence, or to the &s;ame purpo&s;e, Except what pa&s;t between him and me in his own Chamber. En&s;ign <HI>Tooley</HI> did read the paper of the Flying-Po&s;t, and as for what he &s;aid of his knowing no|thing of the Plot, it was talkt of up and down in the Pri&s;on, and &s;o it came to me; and I Invited him into my Chamber as my old acquaintance, though I was not very familiar with him; and as he declared, he knew nothing of the matter.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>You hear what he &s;ays, Captain <HI>Blair,</HI> did you tell him you knew nothing of the Plot.</P>
</SP>
<SP>
<SPEAKER>Cap. Blair,</SPEAKER>
<P>Yes, I believe I might at fir&s;t; as we were talking when I fir&s;t came in, and I told him the Truth: For I was innocent as to the A&s;&s;a&s;&s;ination, for indeed I was &s;o. And as to the Inva&s;ion there was only &s;ome general Di&s;cour&s;e, and I was not willing to explain my &s;elf among any &s;uch people as they were, when they askt me any Que&s;tions about it, I had to do with the King and Council.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Sir <HI>John Friend,</HI> have you any more witne&s;&s;es to examine?</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>Yes, my Lord, I de&s;ire Mr. <HI>King</HI> may be called. (Which was done) and he appeared.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>There he is, Sir, what would you ask him?</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>I de&s;ire to know of him whether he does not know Captain <HI>Blair,</HI> and Captain <HI>Porter</HI> to be Roman Catholicks, and whether he does not know me to be a Prote&s;tant?</P>
</SP>
<SP>
<SPEAKER>King,</SPEAKER>
<P>I am of Opinion Mr. <HI>Porter</HI> is a Papi&s;t, he was always taken to be &s;o at <HI>Ep&s;om,</HI> where I u&s;ed to go, and where he u&s;ed to go, and he was never lookt upon as a Prote&s;tant.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>And what do you take Sir <HI>John Friend</HI> to be?</P>
</SP>
<SP>
<SPEAKER>King,</SPEAKER>
<P>I take Sir <HI>John Friend</HI> to be a Prote&s;tant, &s;o he is, and &s;o he ever was.</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>But when you have been in my Company, and they have been &s;peak|ing of the Government, what have I &s;aid and done.</P>
</SP>
<SP>
<SPEAKER>King,</SPEAKER>
<P>When ever they &s;tarted any reflecting words upon the Government, he was u&s;ed to &s;ay, forbear, I do not admit of any &s;uch Di&s;cour&s;e.</P>
</SP>
<SP>
<SPEAKER>Mr. Att. Gen.</SPEAKER>
<P>How long have you known him?</P>
</SP>
<SP>
<SPEAKER>King,</SPEAKER>
<P>He has been my acquaintance this Fifteen Years, and married a Rela|tion of my Wives Husbands. <STAGE>(At which there was very great laughing)</STAGE></P>
</SP>
<SP>
<SPEAKER>King,</SPEAKER>
<P>I mean her former Husband.</P>
</SP>
<SP>
<SPEAKER>L. Ch. Just. Holt,</SPEAKER>
<P>He has reconciled the matter very well for this point, for he tells you he meant her fir&s;t Husband.</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>Ay my Lord, no doubt of it, he will recover it, it was her former Husband. Mr. <HI>King,</HI> don't you mean it was her former Husband?</P>
</SP>
<SP>
<SPEAKER>King,</SPEAKER>
<P>Yes, Sir, I have told you it was &s;o, her former Husband's Name was <HI>Thomas Ca&s;e.</HI></P>
</SP>
<SP>
<SPEAKER>L. Ch. Ju&s;t. Holt,</SPEAKER>
<P>Mr. <HI>Tanner,</HI> you are to look upon two Statutes, the one is 3 <HI>Jac.</HI> 1. <HI>cap.</HI> 4. and the 30 <HI>Car.</HI> 2. <HI>cap.</HI> 2.</P>
</SP>
<SP>
<SPEAKER>King,</SPEAKER>
<P>My Lord, I have heard him &s;ay, if I had not taken the Oaths to K. <HI>James,</HI> which Oaths are binding to my Con&s;cience, I could as freely take the Oaths to the pre&s;ent Government, as any Man in <HI>England;</HI> but I will live pea|ceably and quietly under the Government, but becau&s;e I do not take the Oaths, I am double tax'd, and I will pay it.</P>
</SP>
<SP>
<PB N="29" REF="16">
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I de&s;ire Capt. <HI>Kaines</HI> may be call'd. <STAGE>Who appear'd.</STAGE></P>
</SP>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>What do you ask him, Sir?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Capt. <HI>Kaines,</HI> I de&s;ire to know of you, whether Mr. <HI>Porter</HI> and Mr. <HI>Blair</HI> are Roman Catholicks; and I de&s;ire you to &s;peak as to my &s;elf, what I am.</P>
</SP>
<SP>
<SPEAKER>Kaines.</SPEAKER>
<P>They are &s;o reputed to be at <HI>Ep&s;om;</HI> it was always &s;o reported there; and I have been acquainted with Sir <HI>John Friend</HI> &s;everal years, being concern'd together in the Train'd-Bands of the Tower-Hamletts, and <HI>I</HI> have been in his com|pany &s;everal times &s;ince the King came in, and never heard him give any reflecting Language again&s;t the Government in my Life.</P>
</SP>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>Have you done with him, Sir?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, <HI>I</HI> did not hear him, but <HI>I</HI> &s;uppo&s;e he has declar'd, as to Capt. <HI>Porter</HI> and Capt. <HI>Blair,</HI> that they are Catholicks.</P>
</SP>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>He &s;ays, <HI>Porter</HI> and <HI>Blair</HI> are reputed Papi&s;ts; and he has known you a long time, and been concerned with you in the Trained-Bands, and never heard you reflect upon the Government &s;ince the King came in.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, <HI>I</HI> de&s;ire to know, whether he believes me to be a Prote&s;tant?</P>
</SP>
<SP>
<SPEAKER>Kaines.</SPEAKER>
<P><HI>I</HI> did always take Sir <HI>John Friend</HI> to be a Prote&s;tant.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Then, next, <HI>I</HI> de&s;ire Mr. <HI>Carpenter</HI> may be call'd. <STAGE>Who appear'd.</STAGE></P>
</SP>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>What do you ask him, Sir?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P><HI>I</HI> de&s;ire, Mr. <HI>Carpenter,</HI> that you will acquaint the Court, whether you know Capt. <HI>Porter</HI> to be a Roman Catholick, and what you know of me.</P>
</SP>
<SP>
<SPEAKER>Carpenter.</SPEAKER>
<P><HI>I</HI> have been at <HI>Ep&s;om</HI> &s;everal Summers, and u&s;ually am there in Sum|mer-time, and he was &s;o reputed there: But as to Sir <HI>John Friend, I</HI> have known him above the&s;e Twenty years; <HI>I</HI> keep a Brew-Hou&s;e, as he does, and we have been con|cern'd together, and have had &s;everal occa&s;ions, upon the account of Trade, to meet him, upon particulars of Apprai&s;ement, when any Partners came in, and <HI>I</HI> never knew him but very orderly and civil; I never heard him reflect any thing upon the Govern|ment, but was always peaceable and quiet; he was always look'd upon as a Prote&s;tant, and went to Church. That's all that <HI>I</HI> can &s;ay.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, as to the Statute-Book, will your Lord&s;hip plea&s;e that the Statute-Book be &s;ent for.</P>
</SP>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>Yes, yes, We do not forget it. Have you any more Witne&s;&s;es? Call all your Witne&s;&s;es, and we will con&s;ider of that afterwards.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I de&s;ire Mr. <HI>Hawkins</HI> may be call'd. <STAGE>Who appear'd.</STAGE></P>
</SP>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>What &s;ay you to this Gentleman?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I de&s;ire you, Mr. <HI>Hawkins,</HI> to give an account what I am; whether you know me to be a Roman Catholick or a Prote&s;tant.</P>
</SP>
<SP>
<SPEAKER>Hawkins.</SPEAKER>
<P><HI>I</HI> have known Sir <HI>John Friend</HI> the&s;e Twenty odd years, and have had Dealings with him many times before the change of Government, and &s;ince, and <HI>I</HI> never heard him reflect upon the Government; nor never heard him to &s;peak &s;lightly of it: And as to his being of the Prote&s;tant Religion, <HI>I</HI> do know as much as any Man, as much as another; <HI>I</HI> always believ'd him to be a Prote&s;tant of the Church of <HI>England,</HI> as good as any Man alive; he always went to Chureh.</P>
</SP>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>What, &s;ince the Revolution?</P>
</SP>
<SP>
<SPEAKER>Hawkins.</SPEAKER>
<P><HI>I</HI> have not been &s;o conver&s;ant with him &s;ince that, becau&s;e <HI>I</HI> went out of Town, and liv'd out of Town; but <HI>I</HI> believe there are tho&s;e at <HI>Hackney</HI> that can give an account of that matter.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P><HI>I</HI> de&s;ire Major <HI>Mould</HI> may be call'd.</P>
</SP>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>Then, <HI>I</HI> &s;uppo&s;e, you have done with Mr. <HI>Hawkins.</HI></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Yes.</P>
</SP>
<STAGE><HI>And then Major</HI> Mould <HI>&s;tood up.</HI></STAGE>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>Well, what &s;ay you, Sir?</P>
</SP>
<SP>
<SPEAKER>Mould.</SPEAKER>
<P>My Lord, <HI>I</HI> have known Sir <HI>John Friend</HI> many years, above the&s;e Twenty years, and <HI>I</HI> always look'd upon him as a &s;incere and &s;trict Prote&s;tant, and <HI>I</HI> have often been in his company &s;ince the Revolution, and <HI>I</HI> never heard him &s;peak dimi|ni&s;hingly of the Government. <HI>I</HI> believe him to be as good a Prote&s;tant as any in <HI>England.</HI></P>
</SP>
<SP>
<PB N="30" REF="17">
<SPEAKER>L. C. J. H.</SPEAKER>
<P>How! As any in <HI>England?</HI> That's a great Character.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Then I de&s;ire Dr. <HI>Holling&s;worth</HI> may be called, <STAGE>(but he did not appear.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Then, my Lord, I de&s;ire Mr. <HI>Lufton</HI> may be called.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>There is Mr. <HI>Lufton,</HI> what would you have with him?</P>
</SP>
<SP>
<SPEAKER>Friend,</SPEAKER>
<P>I de&s;ire he will give an account what he knows of me, what Religion am of.</P>
</SP>
<SP>
<SPEAKER>Lufton.</SPEAKER>
<P>My Lord, as to Sir <HI>John Friend,</HI> I have known him this ten years: he was plea&s;ed to Imploy me as a Chaplain in his Hou&s;e a con&s;iderable time, both before and after the Revolution; and after the Revolution we always u&s;ed the Prayers according to the Church of <HI>England,</HI> and we did always Pray for the pre&s;ent King, and the late Queen <HI>Mary,</HI> at which Sir <HI>John</HI> was many times pre&s;ent.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>How long is it &s;ince you left him?</P>
</SP>
<SP>
<SPEAKER>Lufton.</SPEAKER>
<P>About four or five years, as I remember: Then Sir <HI>John</HI>'s Family le&s;&s;ened, he was plea&s;ed to &s;ay to me, Mr. <HI>Lufton,</HI> I am going to <HI>Tunbridg,</HI> and my Family le&s;&s;ens, (this is about five or &s;ix years ago,) and I &s;hall have no oc|ca&s;ion for you at pre&s;ent, but if ever I make u&s;e of a Chaplain again I will make u&s;e of you, this he was plea&s;ed to &s;ay.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>How long is it, do you &s;ay, that you have left him?</P>
</SP>
<SP>
<SPEAKER>Lufton.</SPEAKER>
<P>About five years; and as to any Objection of his being a Papi&s;t, I have often di&s;cour&s;ed with Sir <HI>John Friend</HI> about the Popi&s;h Religion, and he has often &s;poken with Dete&s;tation of the Principles of the Papi&s;ts.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>What have you heard me &s;peak of the <HI>French;</HI> and about any thing of an Inva&s;ion: how I would venture my life for the Prote&s;tant Religion, or any thing of that.</P>
</SP>
<SP>
<SPEAKER>Lufton,</SPEAKER>
<P>I have often heard you &s;ay, as to the pre&s;ent Government, that tho you could not Comply with it, yet you would live peaceably under it. When we have been talking of the&s;e things, you &s;aid you never would be in a Plot; and tho you could not Comply with the pre&s;ent Government; yet you would ne|ver concern your &s;elf in any De&s;ign again&s;t it. For my part, my Lord, I know nothing by him, but that he is an Hone&s;t, and a Worthy Gentleman, tho he be &s;o unfortunate to be under this Accu&s;ation.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I de&s;ire Mr. <HI>Hoateley</HI> may be called, <STAGE>(who appeared.)</STAGE></P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Well, what &s;ay you Sir?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Pray, Mr. <HI>Hoateley,</HI> will you give an account to the Court what you know of my being a Prote&s;tant, and of my Life and Conver|&s;ation.</P>
</SP>
<SP>
<SPEAKER>Hoateley.</SPEAKER>
<P>I believe Sir <HI>John Friend</HI> is a very &s;ettled Prote&s;tant of the Church of <HI>England;</HI> and I have rea&s;on to believe &s;o, becau&s;e I have frequently di&s;cour&s;ed with him, becau&s;e I have had a Couple of Children that were his Nephews, upon who&s;e account I have been forced &s;everal times to wait upon him; and he has often &s;aid he never would be in any Plot, and his words that he u&s;ed to me were really very Remarkable, <HI>Catch me in the Corn and put me in the Pound.</HI></P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>What were his words Sir?</P>
</SP>
<SP>
<SPEAKER>Hoateley.</SPEAKER>
<P>He u&s;ed to &s;ay he would never be in any Plot, for &s;ays he, <HI>Catch me in the Corn and put me in the Pound;</HI> and I have heard him expre&s;s him&s;elf with a great deal of Dete&s;tation of King-Killing, and tho&s;e Principles of the Papi&s;ts; the A&s;&s;a&s;&s;inating of any Crowned Head.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>Pray Sir, How came you to di&s;cour&s;e with Sir <HI>John Friend</HI> about King-Killing and Plots? You are a School-Ma&s;ter it &s;eems, how hapned this &s;ort of di&s;cour&s;e between you?</P>
</SP>
<SP>
<SPEAKER>Hoateley.</SPEAKER>
<P>There will be di&s;cour&s;es about the&s;e things &s;ometimes.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>But, pray, how was the di&s;cour&s;e Introduced? What was the occa&s;ion of the di&s;cour&s;e? Sure there was &s;ome occa&s;ion extraordinary for him &s;o to expre&s;s him&s;elf to you.</P>
</SP>
<SP>
<PB N="31" REF="17">
<SPEAKER>Hoately.</SPEAKER>
<P>I cannot remember the particular occa&s;ion, but &s;uch di&s;cour&s;e there was.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>Pray how long ago is this time that this di&s;cour&s;e was?</P>
</SP>
<SP>
<SPEAKER>Hoately.</SPEAKER>
<P>I believe it was five or &s;ix times within the&s;e two years.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>What, have you had the &s;ame di&s;cour&s;e five or &s;ix times one after another?</P>
</SP>
<SP>
<SPEAKER>Hoately.</SPEAKER>
<P>I cannot &s;ay that; but tho&s;e u&s;ed to be his words.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Att. Gen.</HI></SPEAKER>
<P>What, in common di&s;cour&s;e?</P>
</SP>
<SP>
<SPEAKER>Hoately.</SPEAKER>
<P>He &s;aid he would never be in any Plot.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I can bring a great many more Witne&s;&s;es of this kind, and I believe I could have a thou&s;and to prove me a Prote&s;tant.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Call whom you will, Sir <HI>John,</HI> we will hear them.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I am very loth to trouble you.</P>
</SP>
<SP>
<SPEAKER>M. <HI>Ju&s;t. Rookeby.</HI></SPEAKER>
<P>No, it will not be reckon'd any trouble, we will hear all your Evidence.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>There is one Mr. <HI>Willis</HI> and one Mr. <HI>Hemings;</HI> but I de&s;ire it may not be forgotten as to the Acts of Parliament, for they are very material for me, as I &s;hall &s;hew by and by.</P>
</SP>
<STAGE>Mr. <HI>Willis</HI> appeared.</STAGE>
<SP>
<SPEAKER>L. C. J. H,</SPEAKER>
<P>Well, what &s;ay you to this Gentleman?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Mr. <HI>Willis,</HI> I de&s;ire you'd give an account to their Lord&s;hips, what you think of me, as to my being a Prote&s;tant, and how I have behaved my &s;elf in every re&s;pect all along.</P>
</SP>
<SP>
<SPEAKER>Willis.</SPEAKER>
<P>My Lord, I have always taken it for granted, that tho&s;e that come to Church are Prote&s;tants: and I did always take Sir <HI>John Friend</HI> to be a Prote&s;tant. The acquaintance that I had with him was &s;ince he lived in the Pari&s;h of <HI>Hackney,</HI> and we have had &s;ome conver&s;e together, and there have pa&s;t friendly Vi&s;its be|tween us; and I do not remember any di&s;cour&s;e while I was there that tended to the Government one way or another. I was never very often with him, but his di&s;cour&s;e was always very obliging, di&s;creet, and prudent, whenever I was there.</P>
</SP>
<SP>
<SPEAKER>L C. J. H.</SPEAKER>
<P>Pray Sir, when did you &s;ee him at Church?</P>
</SP>
<SP>
<SPEAKER>Willis.</SPEAKER>
<P>Truly, my Lord, I cannot call to mind when it was.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Cannot you name any time?</P>
</SP>
<SP>
<SPEAKER>Willis.</SPEAKER>
<P>He may be at Church &s;ometimes and I not &s;ee him: our Seats are at a di&s;tance from one another, and there are Pillars between, that one can't &s;ee every body; and I cannot call to mind when I did &s;ee him la&s;t at Church.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Has he been there within this year or two?</P>
</SP>
<SP>
<SPEAKER>Willis.</SPEAKER>
<P>He has been gone from <HI>Hackney</HI> a year and above.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Mountague.</HI></SPEAKER>
<P>Pray can you &s;ay you have &s;een him at Church within the&s;e four years?</P>
</SP>
<SP>
<SPEAKER>Willis.</SPEAKER>
<P>Truly I cannot call to mind whether I have or no.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I de&s;ire Mr. <HI>Hemings</HI> may be called. I could call a great many more but they are much to the &s;ame effect as the&s;e are.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Call whom you will, Sir <HI>John,</HI> if you think fit to call them, we will hear them.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Being they are not here I will not trouble you further. It is all to the &s;ame purpo&s;e.</P>
</SP>
<SP>
<SPEAKER>L. C. J. H.</SPEAKER>
<P>Well, take your own cour&s;e; if you'll call them, the Court will be &s;ure to hear them.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>But my Lord, here is one thing that I mu&s;t de&s;ire your Lord&s;hip's di|rection in: If the&s;e Gentlemen, my Lord, Capt. <HI>Porter</HI> and Capt. <HI>Blair,</HI> who are the two Witne&s;&s;es, and none but tho&s;e two, again&s;t me, if they are Papi&s;ts, they are not good Witne&s;&s;es again&s;t a Prote&s;tant, to prove him a Traitor within the Stature of the 25th of <HI>Edward</HI> the Third. For that Statute &s;ays, He that is in|dicted mu&s;t be proveably attainted; which cannot be by the Evidence of Papi&s;ts,
<PB N="32" REF="18"> and tho&s;e that refu&s;e to take the Oaths of Obedience, which are required to be taken: And therefore I humbly be&s;eech you, that you will plea&s;e to tender them the Oaths, for there is a Statute in the 3d. <HI>Jac.</HI> I. <HI>Cap.</HI> 4. which appoints the ten|dering of the Oaths to them.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>That is not our Bu&s;ine&s;s at this time.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Then I mu&s;t beg your Pardon that they are not &s;ub&s;tantial Witne&s;&s;es, for this is the Law, as I am informed. I humbly &s;ubmit it to your Lord&s;hip, whe|ther this be not the Law. I only &s;peak it to know whether it be Convenient for me to rehear&s;e it. I ask'd the Que&s;tion before they were &s;worn. I Know not whether it be Convenient for me to move it now.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Aye, aye, it is very Convenient now, now is the proper time.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Before ever they were &s;worn I would have ask'd them the Que&s;tion, whether they were Papi&s;ts or not, but it was not allowed, it was over-ruled. Now, my Lord, there is &s;uch a Statute, and I humbly be&s;eech you to tender them the Oaths, and that would be a demon&s;tration, that they were Papi&s;ts, and then they could be no good Witne&s;&s;es.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>You &s;ay well, if we could find &s;uch a Statute, that no Papi&s;t &s;hould be a Witne&s;s; but there is no &s;uch.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I beg your pardon, and I hope you will not take it ami&s;s, I offer what I am advi&s;ed to offer.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>No, no, by no means, there will be nothing taken ami&s;s.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>For the Statute of the 25th. of <HI>Edward</HI> III. and that of the 30th. of King <HI>Charles</HI> II. and that of the 3d. of King <HI>James</HI> I. <HI>Cap.</HI> 4th. here it is plainly demon&s;trable, that Papi&s;ts are not to be believed again&s;t any Prote&s;tant, who is with them e&s;teemed a Damnable Heretick; and then they believe the Pope and their Prie&s;ts can ab&s;olve them from all Oaths, and they are declared to be given to Eva&s;ions, and Equivocations, and mental Re&s;ervations, and can have Di&s;pen|&s;ations for all their Villanies, and therefore they are not to be Credited; their Evidence is of no value, unle&s;s they will in this manner upon their Oaths re|nounce the&s;e Principles; therefore I humby beg they may have the Oaths tendred them.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>That is not our Bu&s;ine&s;s now.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>And, my Lord, your Lord&s;hip was plea&s;ed to promi&s;e me that if any Matter of Law did ari&s;e, my Coun&s;el &s;hould be heard.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Fir&s;t let us know whether there be any &s;uch Law as this you mention, or to any &s;uch purpo&s;e.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I de&s;ire my Coun&s;el may come in, and &s;peak to it. For my Life is in danger, and &s;o is every hone&s;t Gentleman's Life every day. I am as clear as the Child unborn, I have no Witne&s;&s;es to prove any thing, and therefore I de&s;ire my Coun&s;el may be heard.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>If the Court did think there were any Colour in this Objection that you make, we would let you have Coun&s;el, we would do it; nay, we are de&s;irous to do it if we could.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>What, my Lord?</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>To allow you Coun&s;el, if there were any Colour in the Obje|ction in relation to Papi&s;ts not being Witne&s;&s;es. I would be glad to &s;ee the Coun&s;el that would own this Objection: but indeed, I &s;ee no Colour in it; the Statute &s;hall be produced that you quote, and then we &s;hall &s;ee whether there be any thing like it in that Statute. Pray will you read tho&s;e Words that you &s;ay are in the Statute to that purpo&s;e.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I am not &s;o expert to know the Words before or after, and therefore I think it is requi&s;ite I &s;hould have Coun&s;el.</P>
</SP>
<SP>
<PB N="33" REF="18">
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>It is &s;uppo&s;ed you have had Council, and I &s;uppo&s;e your Coun&s;el that have advi&s;ed you to make this Objection, have in&s;tructed you whereabouts in the Statute it is.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I de&s;ire my Council may be called in and heard to it.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>I tell you, that by Law we cannot hear Coun&s;el to any &s;uch Matter that has no colour of Objection in Law in it; tho' for my part, I wi&s;h we could, becau&s;e I would fain hear what any Coun&s;el can &s;ay to make out &s;uch an Objection, that Papi&s;ts are not good Witne&s;&s;es.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I wi&s;h you would hear my Coun&s;el to it.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Look ye, Sir <HI>John Friend,</HI> you have de&s;ired that this Statute may be tur|ned to, and you de&s;ire to have them read, and they &s;hall be all read from the beginning, to the end.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I de&s;ire the Statutes of the 25th of <HI>Edw.</HI> 3. the 3d of K. <HI>James</HI> the 1&s;t. <HI>Cap.</HI> 4. and the 30th of K. <HI>Charles</HI> the Second may be read.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>What Chapter is that of the 30th of King <HI>Car.</HI> the 2d?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Really it is not put down in my Paper.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Then look out the Chapter, while he is reading the other. Look ye, Gentlemen of the Jury, Sir <HI>John Friend</HI> does de&s;ire the Statute of the 25th of <HI>Edw.</HI> 3. may be read, which is the Statute about Trea&s;ons, and the Statute upon which he is Indicted, and it &s;hall be read, therefore pray hearken to it. <STAGE>Reads it.</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>This is made in the 25th year of King <HI>Edw.</HI> the 3d. A Declaration which Offences &s;hall be judged Trea&s;on. <HI>Item.</HI> Whereas divers Opinions have been before this time, in what Ca&s;e Trea&s;ons &s;hall be laid, and what not.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I beg the favour I may &s;peak one word before it go on to be read.</P>
</SP>
<SP>
<SPEAKER>J. C. J. Holt.</SPEAKER>
<P>Yes, with all my heart.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I &s;peak it, my Lord, becau&s;e it will be to the very thing now in que&s;tion, I am advi&s;ed that Con&s;ultation to Levy War is no Trea&s;on, without Rebellion and In&s;urrection, and inviting Men to come from beyond Sea is no Trea&s;on, unle&s;s a Foreign Prince be Invi|ted to come with his own Subjects; for <HI>Engli&s;h, Scotch,</HI> and <HI>Iri&s;h</HI> are not Enemies, but Reb|bels, and to be dealt with otherwi&s;e; therefore I leave it to your Lord&s;hips, for I am no Lawyer, only I am advi&s;ed to in&s;i&s;t upon the&s;e things. (Then the Statute of the 25th of <HI>Edw.</HI> 3. about Trea&s;ons was read throughout, only about the middle the Pri&s;oner made &s;ome interruption.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I believe this Statute is not the Statute I go upon, that which I mainly in&s;i&s;t up|on, is the Statute of the third of King <HI>James</HI> the Fir&s;t, <HI>Cap.</HI> 4.</P>
</SP>
<SP>
<SPEAKER>Mr. J. Rokeby.</SPEAKER>
<P>This is the &s;ame Statute you are Indicted upon, the great Statute for Trea&s;ons; and as to your Objection you la&s;t mentioned, what is Trea&s;on, and what is not, he is not yet come to that part.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Well, then let him go on with it.</P>
<P>It was read to the end.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Now it has been read, is this the Statute you wou'd have?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>There mu&s;t needs be a mi&s;take as to the Chapter, it is &s;et down the 25th of <HI>Edw.</HI> the Third, but there is no Chapter.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Yes, this mu&s;t be the Statute, it relates to Trea&s;ons, and it has tho&s;e words in it, that what you read out of your Papers relate to. Well, that we may go on in order of time, what Statute of King <HI>James</HI> is it that you mention?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>It is the 3d of King <HI>James</HI> 1. <HI>Cap.</HI> 4. it is upon account of tendring the Oaths ap|pointed to be taken by that Statute, and&mdash;(reading out of a Paper&mdash;to tell the Court that they ought to have the Oaths tendred them.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>That is the bu&s;ine&s;s of another time, read the Statute.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>An Act for the Di&s;covering and Repre&s;&s;ing of Popi&s;h Recu&s;ants, what part is it?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Truly my Lord I can't tell.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>It is a long Statute, but if he'll have it read, it mu&s;t be read all.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I would not give the Court any trouble, but it is about having the Oaths tendred to them.</P>
</SP>
<SP>
<SPEAKER>Cl. of Ar.</SPEAKER>
<P>I believe this is the Paragraph, and for the better trial how his Maje&s;ty's Sub|jects &s;tand affected in point of their Loyalty and due Obedience, <HI>&amp;c.</HI> <STAGE>(A great part of the Statute was read, relating to that Matter.)</STAGE></P>
</SP>
<SP>
<PB N="34" REF="19">
<SPEAKER>L. <HI>C. J. Holt.</HI></SPEAKER>
<P>What el&s;e would you have read, Sir <HI>John Friend?</HI></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>I only gather from thence that no Roman Catholick is capable of Swearing again&s;t a Prote&s;tant, becau&s;e the Pope and the Prie&s;ts can ab&s;olve them from their Oaths.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Well, what have you more to &s;ay?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I only &s;peak this as to Roman Catholicks, they do not regard an Oath again&s;t a Prote&s;tant, becau&s;e they have their Prie&s;ts that can ab&s;olve them, and therefore how &s;uch a Man's Oath can weigh any thing I cannot apprehend; therefore if I have omit|ted any thing, I hope your Lord&s;hip will &s;upply it, as you are my Council, for you are a Council for me, as well as the King.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Yes, yes, I wou'd help you in any thing I could.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord I thank you, I de&s;ire you to help me, for I am as innocent as the Child unborn, what&s;oever the&s;e Men have Sworn, the&s;e are hard things that are laid upon a Gen|tleman, and no Man is &s;afe at this rate, they being Sworn by two Papi&s;ts, who will Swear any thing again&s;t Prote&s;tants.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Look ye, Sir <HI>John Friend,</HI> have you any Witne&s;&s;es to produce that the&s;e two Men have any di&s;plea&s;ure or malice again&s;t you, that they &s;hould accu&s;e you fal&s;ly?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I am &s;orry I have not my Witne&s;&s;es, I have been &s;o kept up, that I had not time for People to come to me; I had not my Council come to me before <HI>Sa|turday.</HI></P>
</SP>
<SP>
<SPEAKER><HI>L. C.</HI> J. <HI>Holt.</HI></SPEAKER>
<P>How hapened that?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, there was a mi&s;take in that, I think it was <HI>Friday,</HI> either <HI>Friday,</HI> or <HI>Saturday;</HI> I had them not 'till <HI>Friday</HI> in the Afternoon; I was kept &s;o clo&s;e that none were permitted to come at me. On <HI>Thur&s;day</HI> I had an Order, but there was a mi&s;take in the Or|der, and I de&s;ired to get another Order, but I could not get any body to get another Order for me, to have my Friends to go and enquire into things, or el&s;e I &s;hould have found out enough Witne&s;&s;es.</P>
</SP>
<SP>
<SPEAKER>Mr. Attor. Gen:</SPEAKER>
<P>I am &s;ure he had an Order for Council at the &s;ame time that notice was given him of his Tryal.</P>
</SP>
<SP>
<SPEAKER><HI>L. C.</HI> J. <HI>Holt,</HI></SPEAKER>
<P>When was that?</P>
</SP>
<SP>
<SPEAKER>Mr. Attor. Gen.</SPEAKER>
<P>On <HI>Tue&s;day,</HI> my Lord.</P>
</SP>
<SP>
<SPEAKER><HI>L. C.</HI> J. <HI>Holt.</HI></SPEAKER>
<P>What &s;ay you to it, Mr. <HI>Baker?</HI></P>
</SP>
<SP>
<SPEAKER>Mr. Baker.</SPEAKER>
<P>My Lord, I did attend Sir <HI>John Friend</HI> on <HI>Tue&s;day</HI> la&s;t, to give him notice of his Trial as this day; and I at the &s;ame time told him if he would name his Council to me, I would procure an Order for them to come to him. The next Morning he was plea&s;ed to name to me Sir <HI>Bartholow Shower;</HI> I took the liberty to tell him, that he being &s;o concerned at the Hou&s;e of Lords, and at the Committees about Parliamentary bu&s;ine&s;s, &s;ome other Per|&s;ons that had named him of their Council, notwith&s;tanding Orders were procured for him to go to them as their Council, yet by that means they were di&s;appointed of him, and great delay was given to the Pri&s;oners; and therefore I de&s;ired him to con&s;ider of it, and to &s;end to Sir <HI>Bartholomew Shower,</HI> and any other Council that he had a mind to, and know their plea&s;ures whether they would attend him; and if he would &s;end me word, I would procure an Order for them. But not hearing from him, I went on <HI>Wedne&s;day</HI> to him again, and he &s;aid he had &s;ent to Mr. <HI>Northy,</HI> but he would not come to him 'till he had &s;poke with Sir <HI>Bartholomew Shower,</HI> but he would &s;end me word that Night, yet he did not. But the next day came Mr. <HI>Burleigh</HI> to me to the Duke of <HI>Shrewsbury</HI>'s Office, and brought me the Names of the Per&s;ons that he would have a&s;&s;igned him of Council, and immediately I procured an Order for it, and away he went with it. This was upon the <HI>Thursday;</HI> Mr. <HI>Welden,</HI> and Mr. <HI>Cre&s;&s;et,</HI> or one of them was named in the Order, I am not po&s;&s;itive which, and Mr. <HI>&V;nderhill,</HI> and Mr. <HI>Burleigh</HI> were to be admitted to him. Mr. <HI>Burleigh</HI> had the Order, if he did not carry it to him, I can't help that.</P>
</SP>
<SP>
<SPEAKER><HI>L. C.</HI> J. <HI>Holt.</HI></SPEAKER>
<P>When was that Order for the Council?</P>
</SP>
<SP>
<SPEAKER>Mr. Barker.</SPEAKER>
<P>It was upon <HI>Thursday,</HI> my Lord.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, may I &s;peak?</P>
</SP>
<SP>
<SPEAKER><HI>L. C.</HI> J. <HI>Holt.</HI></SPEAKER>
<P>Yes, yes, what you will.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, the Rea&s;on why I had not my Witne&s;&s;es was this; There was a Gentleman, one Colonel <HI>Ca&s;h,</HI> Lieutenant to my Lord <HI>Lucas,</HI> he undertook to go, and
<PB N="35" REF="19"> put in his Name, and three more; one <HI>John Neale,</HI> and one <HI>Philips</HI> to have an Order to go about to look after my Witne&s;&s;es, but they did not put in any one of the&s;e Names, but they took up and &s;ecured my Kin&s;man <HI>Ca&s;h,</HI> and put him into the Me&s;&s;engers hands, and would not &s;uffer me to have any of his a&s;&s;i&s;tance, therefore I &s;aw what a de&s;ign there was upon me.</P>
</SP>
<SP>
<SPEAKER>Mr. Attorn. Gen.</SPEAKER>
<P>As for Mr. <HI>Ca&s;h,</HI> there was very good Rea&s;on for it, he was &s;ecured for &s;u&s;picion of Trea&s;on.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt,</SPEAKER>
<P>If you had wanted any Witne&s;&s;es, and had not been &s;o fully pre|pared as you expected to be, you &s;hould have moved before the Tryal came on to put it off.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>J. Rokeby.</HI></SPEAKER>
<P>But, my Lord put a que&s;tion to you before, can you &s;hew any Rea&s;on, why the&s;e Per&s;ons &s;hould have any Malice again&s;t you?</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>My Lord, I was not &s;o much a Lawyer, as to know the&s;e things, but it's a hard thing, that a Man that's Innocent mu&s;t &s;uffer at this rate, I have been di&s;&s;appointed in every thing, for the&s;e Gentlemen have not been permitted to An&s;wer whether they are Roman Catholicks or no.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>J. Rokeby.</HI></SPEAKER>
<P>Nor have your Witne&s;&s;es proved that they are Roman Catholicks, but only that they are reputed &s;o:</P>
</SP>
<SP>
<SPEAKER>L. C. J. <HI>Holt.</HI></SPEAKER>
<P>Well, I can't tell what avail that would have been off, if they had been proved &s;o. Have you any more to &s;ay, Sir <HI>John Friend?</HI></P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>No, my Lord, I leave it to God, and you, and the Jury to Con&s;ider of it.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Sol. Gen.</HI></SPEAKER>
<P>May it plea&s;e your Lord&s;hip, and you Gentlemen of the Jury, I am of Coun|&s;el in this Ca&s;e for the King, again&s;t Sir <HI>John Friend</HI> the Pri&s;onner at the Bar; and it comes to my turn to &s;um up the Evidence that has been given. Sir <HI>John Friend</HI> the Pri&s;onner at the Bar, cannot but own, that he hath hitherto had a very fair, Tryal, and he &s;hall have no rea&s;on to Complain that I do him any Injury in my part. I am &s;ure both he, and you, and all of us, very well remember, when Per&s;ons of as good Quality as he is, or better, had not the &s;ame U&s;age or Liberty of Defence, in &s;uch Ca&s;es as this Gentleman has had: And tho' all things are very well now, yet the time was within all our Memories when Innocency was no &s;afety for a Man's Life, much le&s;s for his Liberty; and when tho&s;e two are taken away, and are Invaded, Property &s;ignifies nothing. The time was when the Prote&s;tant Religion, and the Church of <HI>England,</HI> of which the Pri&s;onner boa&s;ts him&s;elf to be, (and for a very good Rea&s;on, becau&s;e it is the be&s;t of Religions) I &s;ay, the time was when that was in danger; and when Popery (for which he now reflects upon the Witne&s;s) was like to have over-run both us and it: And if his Maje&s;ty, with the hazard of his Life, and at a great Expence, had not re&s;cued us, there is no body doubts, but that all that we fear|ed at that time, would have been made good upon us e're now. And it is a Melancholy thing to Con&s;ider, that there &s;hould be a &s;ort of People among&s;t us, &s;o in Love with what we then Dreaded, as to be continually endeavouring to bring it about again. And it is an Ungrateful thing, when his Maje&s;ty ventur'd his Life then, and has done it &s;everal times &s;ince to defend us, and does all that he can to keep our Enemies at a di&s;tance, there &s;hould be a Party of Men, that do what they can to Invade their Country, to De&s;troy his Maje&s;ty's Subjects, and to fall upon him him&s;elf, when he is pre&s;ent among&s;t us. I will not accu&s;e the Pri&s;onner at the Bar particularly, tho' it is plain he knew of it.</P>
</SP>
<SP>
<SPEAKER>Friend.</SPEAKER>
<P>Know of it? I declare before God, and the World, I know nothing of it.</P>
</SP>
<SP>
<SPEAKER>Mr. <HI>Soll. Gen.</HI></SPEAKER>
<P>This, if it were among&s;t Equals, were certainly a mo&s;t ungrateful thing, when another Per&s;on is Fighting in my Defence, that I &s;hould de&s;ign again&s;t his Life; or when he does what he can to protect my E&s;tate, I &s;hould be Invading and Spoiling his.</P>
<P>Gentlemen, if the Pri&s;onner at the Bar is not Guilty of what he is Accu&s;ed of, and what you have heard the Witne&s;s give Evidence of, then nothing of this does relate to him: But if what has been given in Evidence again&s;t him is true, then the Pri&s;onner at the Bar is one of tho&s;e Per&s;ons, that has done all he can to make this Country, which has been the place of Retreat for all Prote&s;tants to fly to, from Per&s;ecution in their own Countreys: I &s;ay, to make it as Un&s;afe for them, as that from which they came.</P>
<PB N="36" REF="20">
<P>Gentlemen, The Evidence again&s;t him, is fir&s;t Mr. <HI>Porter,</HI> and he gives it in Evidence, that at at the Old <HI>King</HI>'s <HI>Head</HI> in <HI>Leaden-Hall-&s;treet,</HI> there was a Meeting of the Pri&s;onre, and <HI>Porter,</HI> and &s;everal others, in order to Con&s;ider the be&s;t means, how to bring back the late King <HI>James;</HI> and they concluded at la&s;t, that the be&s;t means would be, to &s;end &s;ome body into <HI>France,</HI> to advi&s;e the late King <HI>James,</HI> to borrow of the <HI>French</HI> King 10000 Men, 1000 Hor&s;e, 1000 Dragoons, and 8000 Foot, and that he &s;hould make what &s;peed he could to land with them here, and to Incourage and invite him to do &s;o; they promi&s;ed him their a&s;&s;i&s;tance, and they did not doubt, but to be ready to meet him with 2000 Hor&s;e at his Landing.</P>
<P>Gentlemen, The Per&s;on that was pitched upon to go upon this Errand, was Mr. <HI>Cher|nock,</HI> a Per&s;on lately Executed for the Trea&s;ons of which he was attainted. Mr. <HI>Chernock</HI> was Diffident whither this were the effect of &s;ober Con&s;ideration, and therefore would not undertake to carry this Me&s;&s;age, 'till there had been another Meeting of the &s;ame Per&s;ons; to &s;ee whether they continued in the &s;ame Mind. Another Meeting accordingly was ap|pointed, and agreed upon, and that was at Mrs. <HI>Mountjoy</HI>'s Tavern at St. <HI>James</HI>'s, and there, he &s;ays, there were almo&s;t all the Per&s;ons that were in <HI>Leaden-Hall-&s;treet;</HI> and at that meet|ing the Que&s;tion being askt, whether they were of the &s;ame Opinion, that Mr. <HI>Chernock</HI> &s;hould go to <HI>France</HI> to the late King upon that Me&s;&s;age, that I told you of before, they did all agree to abide by the old Re&s;olution; that he &s;hould go, and make as &s;peedy a return as he could, and bring back the late King's An&s;wer.</P>
<P>Captain <HI>Porter</HI> tells you, that Mr. <HI>Chernock</HI> did go to <HI>France,</HI> and comes and brings word back, that the <HI>French</HI> King could not at that time &s;pare that Force that was then De&s;ired, and &s;o it was delayed at that time, becau&s;e the <HI>French</HI> King was not at lei&s;ure then to Em|ploy his men in this &s;ervice; but it was likely to have taken place, but very lately, if the Providence of God had not prevented it.</P>
<P>Gentlemen, our next Witne&s;s is Captain <HI>Blair,</HI> and he tells you, that about 2 Years ago. Sir <HI>John Friend</HI> the Pri&s;onner at the Bar, &s;how'd him a Commi&s;&s;ion that he had received from the late King <HI>James,</HI> to rai&s;e a Regiment of Hor&s;e, of which he was to be Collo|nel; that this was &s;igned <HI>James Rex</HI> at the top, and Counter&s;igned by my Lord <HI>Melford,</HI> and it was in Paper. And that there was a great many Con&s;ultations between Sir <HI>John Friend,</HI> him&s;elf, and others about the rai&s;ing of this Regiment, and providing Officers for it. He tells you he was to have been Lieutenant Collonel, and was to procure as many Of|ficers, and Troopers as he could; and he tells you he did procure &s;everal Officers; and he names them; one <HI>Fi&s;her</HI> was to be Elde&s;t Captain, one <HI>Vernate</HI> and one <HI>Hall,</HI> and one <HI>Ber|tram,</HI> and that <HI>Bertram</HI> was to be Lieutenant to <HI>Blair</HI> in his own Troop.</P>
<P>Gentlemen, A great deal of the Evidence which Captain <HI>Blair</HI> has given, is indeed out of Sir <HI>John Friend</HI>'s own Mouth, and that is as &s;trong an Evidence as po&s;&s;ibly can be given; and he does for that purpo&s;e tell ye, that he &s;aid one <HI>Evans</HI> was to be a Captain of Hor&s;e, and one Collonel <HI>Slater</HI> was grown &s;o much in Sir <HI>John Friends</HI> Favour, that he Rivalled Captain <HI>Blair,</HI> in the Opinion of Sir <HI>John Friend;</HI> and Sir <HI>John Friend</HI> for that Rea&s;on, would have two Lieutenant Collonels, whereof <HI>Slater</HI> was to he one. Captain <HI>Blair</HI> &s;ays, he took that ami&s;s, that any one be&s;ides him&s;elf &s;hould be in that Po&s;t, and Re&s;ented it to Sir <HI>John Friend,</HI> and therefore Sir <HI>John Friend</HI> found out another Office for <HI>Slater;</HI> and that was to be a Captain of a Troop of Hor&s;e, that &s;hould con&s;i&s;t of Non-&s;wearing Par&s;ons, and which were to be an Independent Troop.</P>
<P>Gentlemen, He tells you that he did Li&s;t &s;everal Men, but the particular per&s;ons, tho' he has Named the Officers, he did not &s;o di&s;tinctly remember, but they are in the Paper that he delivered to the Council, which he has not about him: He tells you, that Sir <HI>John Friend</HI> told him that one <HI>Richard&s;on</HI> was another Captain of Hor&s;e, and the like of one Mr. <HI>Cole,</HI> that he was to be a Captain likewi&s;e.</P>
<PB N="37" REF="20">
<P>He al&s;o acquainted you, Gentlemen, that he did receive from Sir <HI>John Friend</HI> &s;everal &s;umms of Money, and he acquaints you in particular with the manner how; he &s;ays that Sir <HI>John Friend</HI> had expended 100 <HI>l.</HI> towards the 300 <HI>l.</HI> that was paid for the e&s;cape of Coll. <HI>Parker</HI> out of the <HI>Tower:</HI> and that Sir <HI>John Friend</HI> was to be reimbur&s;ed by Moneys that were to be tran&s;mitted from King <HI>James</HI> at <HI>St. Germaine.</HI> He tells you that <HI>Piggot</HI> had received the Money, but did not deal with Sir <HI>John Friend</HI> &s;o fairly as to pay it to him; but when Captain <HI>Blair</HI> was pre&s;&s;ing on Sir <HI>John Friend</HI> for &s;ome Money, Sir <HI>John Friend</HI> was contented that he &s;hould have 20 <HI>l.</HI> provided he got it from <HI>Piggot</HI> out of this 100 <HI>l.</HI> Captain <HI>Blair</HI> had not intere&s;t enough it &s;eems to get it him&s;elf from <HI>Piggot,</HI> but he applys him&s;elf to one <HI>Harri&s;on</HI> or <HI>John&s;on,</HI> (for it &s;eems he goes by both tho&s;e names) a Prie&s;t, who had an intere&s;t in <HI>Piggot,</HI> by by which means he got 20 <HI>l.</HI> of <HI>Piggot,</HI> and this he &s;ays was in <HI>June</HI> or <HI>July</HI> la&s;t.</P>
<P>Then, Gentlemen, he tells you afterwards, he was pre&s;&s;ing upon Sir <HI>John Friend</HI> to have another 20 <HI>l.</HI> and Sir <HI>John Friend</HI> was contented he &s;hould have it, provided he had it from <HI>Piggot,</HI> and he produces ye a Letter that was from that very per&s;on the Pri&s;oner at the Bar, which is to that purpo&s;e; excu&s;ing him&s;elf that Captain <HI>Blair</HI> had not heard from him, but that he would meet him at &s;uch a time, and at &s;uch a Coffee-hou&s;e. The matter indeed is not directly expre&s;t in words, but at the time and place the Pri&s;oner did meet <HI>Blair,</HI> and there was <HI>Harri&s;on</HI> and this <HI>Piggot,</HI> and there 5 <HI>l.</HI> of the la&s;t 20 <HI>l.</HI> was paid him; and the other 15 <HI>l.</HI> was paid him afterwards: and he &s;wears the&s;e two twenty pounds were paid to him by Sir <HI>John Friend,</HI> upon account of the charge that <HI>Blair</HI> had been at in drinking with, and treating tho&s;e men who were to be engaged with Sir <HI>John Friend</HI> in his Regiment.</P>
<P>Gentlemen, he tells you likewi&s;e, that Sir <HI>John Friend</HI> told him he had written a Letter to King <HI>James,</HI> and he &s;hewed him this Letter, and this was at that <HI>Piggot</HI>'s Mothers hou&s;e; and when <HI>Blair</HI> read it, he tells you he thought it was &s;o well penned, that he did apprehend <HI>Fergu&s;on</HI> mu&s;t have a hand in it, and that it was none of Sir <HI>John Friend</HI>'s own; and that upon this Sir <HI>John Friend</HI> was angry, that he &s;hould &s;u&s;pect that Sir <HI>John</HI> was not the writer of this Letter; all this &s;hews an Intelligence with King <HI>James,</HI> and makes out all the re&s;t of the intended Inva&s;ion by King <HI>James,</HI> and a <HI>French</HI> force here.</P>
<P>Captain <HI>Blair</HI> likewi&s;e tells you, Gentlemen, that Sir <HI>John Fenwick</HI> had 4 Troops of Hor&s;e, as Sir <HI>John Friend</HI> told him, by way of encouragement, which were all ready for the &s;ervice; and that <HI>Fergu&s;on</HI> undertook to bring a number of men, and was to be one him&s;elf in that party; and all this was to be put in practice when the <HI>Thoulon</HI> Fleet came about, and joyn'd the <HI>Bre&s;t</HI> Fleet. And la&s;tly he tells you, when he went in the Coach with Sir <HI>John Friend,</HI> Sir <HI>John</HI> told him they mu&s;t act very warily, and be very good hus|bands, for in truth it had co&s;t him &s;o much, that if the Fleet did not come &s;oon, or the de&s;ign &s;hould mi&s;carry, he &s;hould want Money to carry on his Trade. All this po&s;itive Evidence is of the Witne&s;&s;es own knowledge, from the Pri&s;oners own mouth.</P>
<P>Again&s;t this Evidence, Gentlemen, he takes exception; that the 2 Witne&s;|&s;es are <HI>Roman</HI> Catholicks; but this is no exception to their Evidence at all; for it was never yet allowed, or indeed objected, that I know of, before, that <HI>Roman</HI> Catholicks were not good Witne&s;&s;es. A <HI>Roman</HI> Catholick may be an hone&s;t man, notwith&s;tanding his Religion: but, I think, that every body knows that men who have been ill in other things, tho <HI>Roman</HI> Catholicks, may as to tho&s;e particular things be good Witne&s;&s;es. Nay, not long ago, but on <HI>Wedne&s;day</HI> la&s;t we produced &s;ome Witne&s;&s;es, who were <HI>Roman</HI> Catholicks, and yet allowed for good Evidence, tho ingaged in that Horrid Con&s;piracy again&s;t the life of the King; and if any thing would have taken off their Evidence, certainly the Guilt of &s;uch a Crime would do it, more than the pretence of any particular per&s;wa&s;ion of Religion. Nay, I mu&s;t crave leave to &s;ay far|ther, that this argument is &s;o far from making him no Witne&s;s, that it makes it the more likely he does &s;peak the truth, and therefore is a good Witne&s;s. For tho <HI>Roman</HI> Catholicks may be hone&s;t men, yet they are more like|ly
<PB N="38" REF="21"> to engage in &s;uch a De&s;ign than any other men. And I think I may very &s;afely add, Sir <HI>John Friend</HI> would not have found &s;o many that he could ingage in &s;uch a bu&s;ine&s;s as this, that were of any Religion but the <HI>Roman</HI> Catholick; and therefore he applied him&s;elf to the&s;e per&s;ons, as mo&s;t likely to imbark with him on &s;uch a bottom.</P>
<P>Gentlemen, as to what <HI>Courtney,</HI> that was brought from the <HI>Gate-hou&s;e</HI> &s;ays, about his di&s;cour&s;e with Captain <HI>Blair</HI> in the Pri&s;on; Captain <HI>Blair</HI> has upon his Oath declared, that he did not go &s;o far as to &s;ay, he did any thing again&s;t his Con&s;cience, but only <HI>Courtney</HI> bid him take care what he &s;wore, and pre&s;t him no further. He pretends he came ca&s;ually into <HI>Blair</HI>'s Chamber, but it is plain he intruded into his Room; for it is &s;worn by the Jaylor, and <HI>Blair</HI> him|&s;elf, that he had given directions none &s;hould come into his Room but his Wife, &s;o that does not di&s;countenance the evidence of <HI>Blair</HI> at all, and if you do believe what our Witne&s;&s;es have &s;aid, Captain <HI>Porter</HI> and Captain <HI>Blair,</HI> then Sir <HI>John Friend</HI> is guilty of all the Crimes that are charged upon him in this Indictment, and I hope you'll be &s;o ju&s;t to your Prince, to your Coun|try, and to your Selves, as to find him guilty accordingly.</P>
</SP>
<SP>
<SPEAKER>Mr. Cowper.</SPEAKER>
<P>If your Lord&s;hip plea&s;es to &s;pare me a word on the &s;ame &s;ide. My Lord, I do not trouble your Lord&s;hip out of an apprehen&s;ion that there is any thing nece&s;&s;ary to be &s;aid to the Court in this matter, or for the &s;a|tisfaction of the Jury, but, if po&s;&s;ible, that we might convince the Pri&s;oner at the Bar, that he has had no hard mea&s;ure in this pro&s;ecution meeted to him, but that he is proved guilty of the Crime of which he &s;tands accu&s;ed, and that re|ally there is no weight at all, in the defence which he has made.</P>
<P>The fir&s;t part of it goes to di&s;credit one of our Evidences, Captain <HI>Blair,</HI> from &s;ome di&s;cour&s;e that he would object to have pa&s;s'd between him and the per&s;on here produced, in the Pri&s;on of the <HI>Gate-hou&s;e.</HI> And the fir&s;t part of that di&s;cour&s;e was, upon <HI>Blair</HI>'s fir&s;t coming into the Pri&s;on: and as to that time, the objection amounts to no more than this; that Captain <HI>Blair</HI> would not confe&s;s, when he was pump'd by a fellow Pri&s;oner, that he was engaged in &s;o horrid a de&s;ign; what weight there is in &s;uch an objection, truly I cannot &s;ee, but will leave it to any mans judgment to con&s;ider, That a man when he is fre&s;hly taken upon &s;uch an occa&s;ion, does not immediately confe&s;s his guilt to every body that meets him, nay to per&s;ons that would not have lik'd him, for making &s;uch a confe&s;&s;ion, but perhaps would have de&s;troyed him in Pri|&s;on for &s;o doing.</P>
<P>The other di&s;cour&s;e was upon <HI>Friday,</HI> the next day, I think, before Captain <HI>Blair</HI> went to <HI>Hick s-hall</HI> to his examination; and then he intrudes him&s;elf into <HI>Blair</HI>'s Chamber, when he lay very ill upon the Bed, and acco&s;ts him with a cup of Brandy in his hand, and with good advice at the &s;ame time, that he &s;hould take great care in what he &s;hould &s;ay at <HI>Hick's-hall,</HI> and the like: and then Captain <HI>Blair</HI> it &s;eems, did expre&s;s &s;ome reluctancy in the thing he was going about, as if it were again&s;t his mind and inclination. If that were true, (tho Captain <HI>Blair</HI> denys it po&s;itively upon his Oath) yet it was no more than I am willing to ob&s;erve for the Pri&s;oner, Captain <HI>Blair</HI> did expre&s;s here, when he fir&s;t came into Court; and it is no more than what is natural, &s;ince the Pri&s;oner had been his friend and intimate, and he was going to Depo&s;e that again&s;t him, which was likely to prove fatal to him.</P>
<P>My Lord, as to another part of his Defence, it con&s;i&s;ts chiefly in this; the Evidence brought to prove, that the Kings Witne&s;&s;es are reputed <HI>Roman</HI> Ca|tholicks, and that the Pri&s;oner is a reputed Prote&s;tant of the Church of <HI>En|gland.</HI> If that be true too, all that can be rationally and fairly collected from thence is this, that they (the Witne&s;&s;es I mean) when they engaged in &s;uch a black and execrable de&s;ign might be very good Papi&s;ts; but I am &s;ure it will be agreed, that the Pri&s;oner in &s;o doing was a very bad Prote&s;tant.</P>
<P>My Lord, he objects to their Evidence this likewi&s;e, that if they be Papi&s;ts they may be ab&s;olved by the Pope, or their Prie&s;ts, tho they &s;hould &s;wear fal&s;e|ly. Po&s;&s;ibly that may be &s;o, for ought I know; I confe&s;s I am not very well acquainted with the principles of that Religion: but this I dare &s;ay, that every one who has heard what has been &s;worn by them, will think it &s;o great a di&s;|&s;ervice
<PB N="39" REF="21"> to the Popi&s;h Cau&s;e and Intere&s;t, that it will be one of the la&s;t things their Prie&s;ts will ever ab&s;olve them of.</P>
<P>My Lord, there's another matter the Pri&s;oner has thought fit to in&s;i&s;t upon: he has brought two or three Clergy-men to Depo&s;e, that whenever he di&s;|cour&s;ed with them (it &s;eems at all times) he was talking about being in a Plot, and very readily told his re&s;olution not to be in any. It &s;eems it &s;till &s;wom uppermo&s;t; his profe&s;&s;ions were made very cau&s;ele&s;sly; for they all &s;ay nothing introduc'd 'em: but of his own meer motion he was always declaring he was not then in a Plot, nor ever would be. I have heard, that one way, weak Men and Children often di&s;cover their knowledge of a &s;ecret intru&s;ted to them, is, by a repeated and unnece&s;&s;ary declaring, that they know nothing of the matter.</P>
<P>My Lord, in the next place for his defence, he ju&s;t offered a point of Law; but the Court &s;o well &s;atisfied him in that, that I think he waved it. He alleged that a bare Con&s;piracy to levy War is not Trea&s;on, and the Court did him right in declaring (as God forbid but they &s;hould) that it is not Trea&s;on: but I de&s;ire the Gentlemen of the Jury would con&s;ider, that the Pri&s;oner at the Bar is not accu|&s;ed barely of a Con&s;piracy to levy War, but you are told to what end that war was to be levied, to joyn the late King upon his de&s;cent into this Kingdom with a <HI>French</HI> power, in order to drive his Maje&s;ty out of the Kingdom, and depo&s;e him from the Crown; which is a killing him in the eye of the Law: and that is High Trea&s;on by whatever means they intended to effect it; whether by War or a Stab, or any other manner, it is indifferent.</P>
<P>In the next place, my Lord, I would take notice of another part of this de|fence, which had been better let alone, wherein he admits that he was pre&s;ent at the 2 meetings he is accu&s;ed to have been at by <HI>Porter;</HI> but he only differs in one point, that there was nothing talk'd then but general and indifferent di&s;cour&s;e. The Witne&s;&s;es have &s;worn what the di&s;cour&s;e was, and you will weigh the one again&s;t the other; his affirmation of a thing unlikely in defence of him&s;elf, and what is depo&s;ed upon Oath by the Kings Witne&s;&s;es to the con|trary.</P>
<P>My Lord, there is one thing more I would take notice of, and that is the Evidence of <HI>Bertram,</HI> which we do not produce as a direct Evidence again&s;t the Pri&s;oner at the Bar, but as a confirmation of what was &s;worn by <HI>Blair.</HI> And it does &s;hew that the matter, &s;worn by <HI>Blair,</HI> was not of late devi&s;ed out of ma|lice, or otherwi&s;e, to de&s;troy the Pri&s;oner; for that <HI>Blair</HI> acquainted <HI>Bertram</HI> with, and di&s;cour&s;ed him about the principal matters of fact, that are now &s;worn at lea&s;t 2 years ago; and be&s;ides his Evidence and the Evidence of <HI>Blair</HI> concur in this particular, that he was to be Lieutenant in <HI>Blair</HI>'s Troop.</P>
<P>My Lord, &s;uch a concurrence of Evidence and other Circum&s;tances in this matter, greatly increa&s;e the weight of the proof again&s;t the Pri&s;oner, e&s;pecially when there is nothing material alledged by him in his defence, and there|fore I &s;hall trouble your Lord&s;hip no further.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Look ye Gentlemen of the Jury, Sir <HI>John Friend,</HI> the Pri&s;oner at the Bar, is Indicted for High Trea&s;on. The Trea&s;on that is mentioned in the Indictment is, Con&s;piring, Compa&s;&s;ing, and Imagining the Death and De&s;truction of the King. To prove the Con&s;piracy and de&s;ign of the Kings death, there are two principal Overt Acts that are mainly in&s;i&s;ted upon. The one is the con&s;ulting and agreeing with diver&s;e others to &s;end Mr. <HI>Charnock</HI> into <HI>France,</HI> to King <HI>James,</HI> to de&s;ire him to per&s;wade the <HI>French</HI> King to &s;end over forces here to a&s;&s;i&s;t them; who were to furni&s;h other forces for the rai&s;ing of a War within this Kingdom, in order to Depo&s;e the King; and accord|ingly Mr. <HI>Charnock</HI> was &s;ent upon that de&s;ign. The other Overt Act is the Pri&s;oners having a Commi&s;&s;ion from the late King, and preparing and direct|ing men to be levied, and to be ready to be in a Regiment, of which Sir <HI>John Friend</HI> was by that Commi&s;&s;ion to be Collonel, and this was al&s;o to a&s;&s;i&s;t in the Re&s;titution of King <HI>James,</HI> and in order thereunto in the Depo&s;ing and ex|pul&s;ion of King <HI>William.</HI></P>
<P>The&s;e, Gentlemen, I tell you are the two Overt Acts that are principally in&s;i&s;t|ed upon; and to prove Sir <HI>John Friend</HI> Guilty of the&s;e there are two Witne&s;&s;es that have been produced, the one is Captain <HI>Porter,</HI> who &s;peaks to the fir&s;t, the other is Captain <HI>Blair,</HI> who &s;peaks to the &s;econd.</P>
<PB N="40" REF="22">
<P>Captain <HI>Porter</HI> tells you, that the latter end of <HI>May,</HI> or the beginning of <HI>June</HI> la&s;t, that he and Sir <HI>John Friend,</HI> and others that he mentioned, were at the <HI>Kings-head Tavern</HI> in <HI>Leadenhall-&s;treet,</HI> and there they entered into a di&s;cour&s;e about the Returning of the late K. <HI>James;</HI> and they did con&s;ider among them&s;elves which was the mo&s;t effectual way, and what were the mo&s;t probable means to have him Re&s;tored: and thereupon it was agreed among them, that they would &s;end a Me&s;&s;enger into <HI>France</HI> to him, to de&s;ire him that he would &s;ollicit the <HI>French</HI> King to furni&s;h him with 10000 men, to be &s;ent into <HI>England,</HI> 8000 Foot, 1000 Hor&s;e, and 1000 Dragoons; and they did agree, that when the&s;e forces, were &s;ent, con&s;i&s;ting of this number of men, then they would be ready to meet and joyn them with 2000 Hor&s;e, every one of them was to furni&s;h his quota; to which Sir <HI>John Friend</HI> did expre&s;sly agree. The Me&s;&s;en|ger that they agreed to &s;end was with them in company, and heard the Con|&s;ult, which was Mr. <HI>Charnock,</HI> who was lately Tryed and &s;ince Executed.</P>
<P>This being at that time determined, Mr. <HI>Charnock</HI> intended to go upon the execution of that de&s;ign, and made ready for his Journey: but before he went, he had a de&s;ire to meet with the company again, and have a further di&s;cour&s;e upon this matter, to &s;ee whether they did per&s;evere in the re&s;olution they had &s;o taken. There was another meeting about a week or a fortnight after, which was at Mr. <HI>Montjoy</HI> s, a Tavern in <HI>St. James's-&s;treet,</HI> where met Sir <HI>John Friend,</HI> Captain <HI>Porter,</HI> and divers others of the Company that were before at the <HI>Kings Head.</HI> And there they entered into a debate of the matter again; the que&s;tion there was whether Mr. <HI>Charnock</HI> &s;hould be &s;ent into <HI>France,</HI> as it was formerly agreed, and there it was again determined he &s;hould go, to which he agreed, and Captain <HI>Porter</HI> &s;ays that he did go about 2 or 3 days after.</P>
<P>Mr. <HI>Porter</HI> tells you further, that about the time that Mr. <HI>Charnock</HI> came back, Mr. <HI>Porter</HI> was in Pri&s;on, and he did not &s;ee him upon his fir&s;t return, but afterwards he met and &s;poke with him, and askt him what was the effect of his Negotiation, and Mr. <HI>Charnock</HI> told him, that he had done as he was directed; that he had been with King <HI>James,</HI> and he had &s;poke to the <HI>French</HI> King, but the an&s;wer returned was this, that the <HI>French</HI> King had occa&s;ion for his Forces that year to be otherwi&s;e im|ployed, and therefore he could not furni&s;h &s;uch a number of men that year; and Mr. <HI>Porter</HI> askt him whether he had been with the re&s;t of the Gentlemen and acquainted them therewith, and he &s;aid he had. This is the &s;ub&s;tance of Mr. <HI>Porter</HI>'s Evidence; whereby you may perceive what the meetings were for, what re&s;olutions were there taken, and what was the i&s;&s;ue and effect of them.</P>
<P>The next Witne&s;s is Captain <HI>Blair,</HI> and his Evidence goes to the other part, that is, to Sir <HI>John Friend</HI> s having a Commi&s;&s;ion from the late King <HI>James,</HI> and engaging him and others to be in his Regiment, whereof Sir <HI>John</HI> was to be Collonel, and the providing of Officers. And for that the Evidence &s;tands thus.</P>
<P>Captain <HI>Blair</HI> tell ye, that about two or three years ago, he was with Sir <HI>John Friend</HI> at his Lodgings in <HI>Surrey-&s;treet,</HI> and there he did produce a Com|mi&s;&s;ion that he had from King <HI>James</HI> to be Collonel of a Regiment of Hor&s;e; he was to rai&s;e it him&s;elf, and was to appoint, and provide what Officers he thougt fit. He &s;ays he read the Commi&s;&s;ion and it was &s;igned at the top <HI>James Rex,</HI> and counter&s;igned at the bottom <HI>Melfort;</HI> this he is po&s;itive in, and fur|ther, that Sir <HI>John Friend</HI> did promi&s;e that he &s;hould be Lieutenant Collonel of this Regiment, and al&s;o de&s;ired that Captain <HI>Blair</HI> wou'd get as many men as he could, and that there were other Officers that were appointed in that Regi|ment, and particularly one <HI>Fi&s;her</HI> was brought to Sir <HI>John Friend</HI> by Captain <HI>Blair,</HI> to be his fir&s;t Captain, and one Collonel <HI>Slater</HI> who was much in favour with Sir <HI>John Friend,</HI> was to have been another Lieutenant Collonel; for &s;aid Sir <HI>John Friend,</HI> I have a mind to him to be my Lieutenant Collonel, and tho you are &s;o too yet it is no matter, if we have two in this Regiment, at which Captain <HI>Blair</HI> took very great offence, and expre&s;t as much to Sir <HI>John Friend,</HI> where|upon Sir <HI>John Friend</HI> told him, it &s;hould not be &s;o, but &s;aid he would make ano|ther Provi&s;ion for Mr. <HI>Slater;</HI> that he &s;hould be a Captain of an Independant Troop, that &s;hall be compo&s;ed of Non-&s;wearing Par&s;ons, and that &s;hall &s;atisfy him.</P>
<PB N="41" REF="22">
<P>And Sir <HI>John Freind</HI> did intru&s;t Capt. <HI>Blair</HI> with the providing of Men and managing of them. And Capt. <HI>Blair</HI> tells you, he was at a great deal of charge, and laid out diver&s;e Summs to care&s;s them, and keep them together, and wanting Money to proceed in that Affair, he came to Sir <HI>J. Freind,</HI> and made great Com|plaints, that he wanted Money to carry on the De&s;ign, by obliging the Men to keep together, and herefore pre&s;&s;ed to Sir <HI>John Freind</HI> to furni&s;h him with &s;ome Money; &s;ays Sir <HI>John,</HI> there is 100 <HI>l.</HI> due to me, becau&s;e I laid down 100 <HI>l.</HI> to fur|ther the E&s;cape of Coll. <HI>Parker,</HI> and <HI>Piggot</HI> has received it, and had Directions to pay it me, but I cannot yet get it. You &s;hall have 20 <HI>l.</HI> out of that 100 <HI>l.</HI> if you can get it. Well, but how is that 20 <HI>l.</HI> to be had? It &s;eems there was one <HI>Harri|&s;on</HI> or <HI>John&s;on</HI> a Prie&s;t, who had &s;ome Intere&s;t in this <HI>Piggot,</HI> and he was to help him to it; and thereupon the 20 <HI>l.</HI> was actually paid the latter end of <HI>June</HI> or the beginning of <HI>July</HI> la&s;t. This 20 <HI>l.</HI> he &s;wears he did receive upon that account, by the Direction of Sir <HI>John Freind,</HI> to be &s;o imploy'd as you have been told.</P>
<P>Then Captain <HI>Blair</HI> had occa&s;ion for more Money, which was &s;ometime after <HI>Michaelmas</HI> la&s;t, which was to be employ'd as the former was: and he was ve|ry importunate to obtain it of Sir <HI>John Freind;</HI> at length he did obtain it, as he tells you, and the manner how. He produces a Letter under Sir <HI>John Freind</HI>'s own hand, which &s;eems to be an An&s;wer to a Letter that Capt. <HI>Blair</HI> had &s;ent to him before, he thinks it to be his own hand, for he is acquainted with his hand-writing. But that is not all to prove it his hand, for the Contents of the Letter are remarkable which are about the Payment of Money to <HI>Blair;</HI> the Letter bears date of a Tue&s;day Morning, and is directed to Capt. <HI>Blair,</HI> and a Porter brought it, as he thinks, to his Hou&s;e; and thereby it was appointed they &s;hould meet on Thur&s;day next at <HI>Jonathan</HI>'s Coffee-Hou&s;e about the hour of Twelve; and accordingly Capt. <HI>Blair</HI> came to <HI>Jonathan</HI>'s Coffee-Hou&s;e, where he accordingly met with Sir <HI>John Freind,</HI> and there was <HI>Harri&s;on</HI> the Prie&s;t and <HI>Piggot,</HI> and there he does receive a Summ of Money upon the &s;ame Account: &s;o that now the proof of this Letter does not depend barely upon the knowledge of the hand, but the Contents of it, and the &s;ub&s;equent meeting at the time and place mentioned in the Letter is a great Evidence that it was Sir <HI>John Freind</HI>'s hand-writing, and more Money is prov'd to be actually paid in the pre&s;ence of Sir <HI>John Freind,</HI> which is the mo&s;t material part of the Evi|dence. And you are told further, that that as Sir <HI>John Freind</HI> and Capt. <HI>Blair</HI> were going together in a Coach from <HI>Jonathan</HI>'s Coffee-Hou&s;e to St. <HI>Martins le Grand,</HI> there was a Di&s;cour&s;e between them; and Sir <HI>John Freind</HI> &s;aid, for his part he would not &s;tir till &s;uch time as the <HI>Toulon</HI> Fleet was come about, and joyned with the <HI>Bre&s;t</HI> Fleet. That he did think he was in danger of being ap|prehended when it come about, and therefore Capt. <HI>Blair</HI> was to &s;culk till then, as he him&s;elf told him he would do, but yet he &s;hould get what Men he could. And this is a great Argument of his being concerned in the intended Inva&s;ion, and that his making Preparation for his Regiment, had relation to the <HI>French</HI> Inva&s;ion, which was expected.</P>
<P>It &s;eems two years ago, there being a great Intimacy between <HI>Blair</HI> and Sir <HI>John Freind,</HI> as appears by all the Evidence, <HI>Blair</HI> was acquainted with this De&s;ign. For you are told of the Letter that was writ by him to King <HI>James,</HI> which he &s;hew'd to Capt. <HI>Blair,</HI> and it was concerning his Regiment; he &s;ays, that Sir <HI>John Freind</HI> own'd he writ that Letter him&s;elf, that <HI>Blair</HI> did read the Letter, and finding it &s;o well penn'd, he &s;aid, that he thought <HI>Fergu&s;on</HI> had a hand in it, at which Sir <HI>John Freind</HI> was angry; but <HI>Blair</HI> &s;ays, the Letter was concerning the Regiment of which Sir <HI>John Freind</HI> was Coll.</P>
<P>Then Gentlemen, you have <HI>Bertram</HI> called to prove, that <HI>Blair</HI> did tell him, that he was to be his Lieutenant Coll. which was long before there was any Thoughts of any Di&s;covery of this intended Inva&s;ion, and before the Di&s;covery of the Plot of A&s;&s;a&s;&s;ination, which Sir <HI>John Freind</HI> did own he had &s;ome know|legde of, but he di&s;liked it, and &s;aid it would ruine King <HI>James</HI>'s Affairs. So that Gentlemen, I think this is the Summ and Sub&s;tance of the Evidence that has given upon this Occa&s;ion again&s;t Sir <HI>John Freind,</HI> to induce you to believe him been to be guilty of this Crime with which he now &s;tands charged.</P>
<P>But now you are to con&s;ider what Sir <HI>John Freind</HI> &s;ays on behalf of him&s;elf. In the fir&s;t place, he makes an Objection again&s;t the Credit of all the&s;e Wit|ne&s;&s;es, that they are not to be believed, becau&s;e, &s;ays he, they are known or reputed to be Roman Catholicks and Papi&s;ts, and their Con&s;ciences, and their Oaths are large, e&s;pecially when thereby they think they can do an Injury
<PB N="42" REF="23"> to any Prote&s;tant; and therefore they are not to be allowed as Witne&s;&s;es, at lea&s;t their Credit is not &s;ufficient to induce a Jury to believe them. At fir&s;t indeed he urged there was a Statute and a Law that did di&s;able them from being Witne&s;&s;es; but I mu&s;t tell you there is no &s;uch Statute, nor indeed is their be|ing Papi&s;ts any Diminution at all to the Credit of their Te&s;timony; for Papi&s;ts are legal Witne&s;&s;es, and tho' there are &s;evere Laws to puni&s;h them for their Non-Conformity to the Church of <HI>England,</HI> and for other their Popi&s;h Practices; yet I know of no Law that renders them infamous, or incapable of being Wit|ne&s;&s;es. For you are to con&s;ider, Papi&s;ts are Chri&s;tians, and &s;wear by the &s;ame Evangeli&s;ts that Prote&s;tants doe; and as for that &s;uppo&s;ition, that they look upon Prote&s;tants as Hereticks, and can have a Di&s;pen&s;ation for any Oaths that they take again&s;t them; you are to con&s;ider, as it has been very well ob&s;erved by the King's Councel, that they are never like to obtain any Di&s;pen&s;ation or Pardon, if they &s;hould for&s;wear them&s;elves to defeat the De&s;igns of the Popi&s;h Party; and therefore it is a very Incon&s;iderable Objection, and in this ca&s;e hath no weight.</P>
<P>But then he does in&s;i&s;t upon it, that Capt. <HI>Blair</HI> is not to be believed, and there are two Objections he makes again&s;t him. Fir&s;t, That he did deny that he knew any thing of the Plot. For <HI>Blair</HI> being upon this occa&s;ion brought Pri&s;oner to the <HI>Gate-Hou&s;e,</HI> and afterwards upon a Di&s;cour&s;e of &s;ome News in the <HI>Flying Po&s;t,</HI> wherein it was mention'd, that Capt. <HI>Blair</HI> had confe&s;t all, and made a full Di&s;covery, that thereupon he &s;hould &s;ay, He was innocent of the Plot, and knew nothing of it. You Gentlemen are to con&s;ider the Weight of this Objection. Fir&s;t, Suppo&s;e he had &s;aid &s;o, it might be, he was not willing (as he was not oblig'd) to own it, and would not confe&s;s it at that time, and to the&s;e Per&s;ons. It was not his Intere&s;t and Prudence to be too open; and there|fore it does not follow, that becau&s;e a Man would not tru&s;t others with his Con|fe&s;&s;ion, but deny'd his knowledge of a Plot when there was no occa&s;ion for him to own it, that now he &s;wears it po&s;itively, therefore he &s;hould &s;wear fal&s;ly.</P>
<P>But &s;econdly, Capt. <HI>Blair</HI> who was called for the Vindication of him&s;elf, and his Te&s;timony has upon his Oath declared to you, that he did not &s;ay he knew not any thing of the Plot, but did deny any Concern in, or Knowledge of the A&s;&s;a&s;&s;ination. Now this bu&s;ine&s;s, for which Sir <HI>John Freind</HI> is tried, is not for being a Party in the de&s;ign'd A&s;&s;a&s;&s;ination, but of a De&s;ign with force to Depo&s;e the King, and re&s;tore King <HI>James.</HI></P>
<P>Then as to the other matter that was upon Friday Night la&s;t; <HI>Courtney</HI> the Witne&s;s &s;ays, That he came to Capt. <HI>Blair</HI>'s Chamber, and took notice of his being to be a Witne&s;s at <HI>Hick</HI>'s Hall the next day, and &s;aid I pray God direct you; and he &s;ays his Wife, then pre&s;ent, &s;aid it was again&s;t his Con&s;cience, and he &s;eem'd to be in very great trouble about it, and owned as much. But <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> Capt. <HI>Blair</HI> him&s;elf, being examined upon his Oath, does deny po&s;itively that ei|ther he or &s;he &s;aid any &s;uch thing as that it was again&s;t his Con&s;cience: he &s;ays, that <HI>Courtney</HI> got in to him on purpo&s;e to &s;urprize him, and he was aware of it, and his De&s;ign being to keep him&s;elf free from all Company, he gave directions to the Keeper (as the Keeper him&s;elf &s;wears) to let no body come to him but his Wife; and Mr. <HI>Courtney</HI> intruded him&s;elf upon him.</P>
<P>Be&s;ides, Gentlemen, you are to con&s;ider the Probability of that which Mr. <HI>Courtney</HI> &s;aith: when a man is to be a Witne&s;s the next day upon Bill of Indict|ment before a Grand Jury, that he &s;hould be &s;o indi&s;creet, as to tell any Body he was going to &s;wear again&s;t his Con&s;cience, is &s;trange and very unaccountable. You are therefore to con&s;ider of this whole Matter, what Evidence Capt. <HI>Blair</HI> has given, and the Import of it, and the Weight and Credibility of that Evidence which is given again&s;t him.</P>
<P>Then Sir <HI>John Freind</HI> in&s;i&s;ts upon another Matter; &s;ays he, I am a Prote|&s;tant, and it is not likely, that I that am a Prote&s;tant &s;hould con&s;pire with Papi&s;ts again&s;t Prote&s;tants; and for that he has called eight Witne&s;&s;es, who tell you they have known him, &s;ome twenty Years, &s;ome more, others ten, and that they have frequently conver&s;t with him, and never knew that he was ever Popi&s;hly affect|ed, and they have been frequently in his Company &s;ince the Revolution, and they never knew that at any time he reflected upon the Government; nay, I think one &s;aid, that once he did reprove a Man for talking undecently of the Government; that he u&s;ed con&s;tantly to go to Church 4 or 5 Years ago (tho' there is no account of that &s;ince.) And particularly there is one Mr. <HI>Lufton</HI> that was his Chaplain, and he tells you he was in his Hou&s;e; and there he read
<PB N="43" REF="23"> the Common-Prayer in the Family &s;ince the Revolution, and pray'd for the King and the late Queen, and Sir <HI>John Freind</HI> was often pre&s;ent at the Prayers; and particularly when he prayed for the pre&s;ent King, and the late Queen; but he &s;ays he him&s;elf has been gone thence Five years, and has been little Conver|&s;ant with him &s;ince.</P>
<P>There is another Witne&s;s tells you, he has been in Sir <HI>John Freind</HI>'s Company divers times, whom he believes to be a Prote&s;tant of the Church of <HI>England,</HI> and hath had Di&s;cour&s;e concerning the pre&s;ent Government; and that Sir <HI>John Freind</HI> &s;aid, that tho' he could not take the Oaths, and thereby Conform to the Go|vernment, yet he was re&s;olved to live quietly under it; and would not ingage in any manner of Plot; for he that catch'd him in the Corn, &s;hould put him in the Pound.</P>
<P>This is the Summ and Sub&s;tance of the Evidence on both &s;ides; and you, Gen|tlemen, are to con&s;ider the Weight of this part of his Defence too; whether it be a &s;ufficient An&s;wer to the Evidence given again&s;t him, and has Weight enough to out-ballance what the Witne&s;&s;es for the King have Sworn? For altho' he was a Prote&s;tant, yet it is plain he had no great Liking to the Government; and there|fore would not take the Oaths; and tho' he was pre&s;ent at the Common-Prayer; when the King and Queen were prayed for, yet whether he joyned in tho&s;e Prayers, is very uncertain. There are a great many, who are not very well af|fected to the Pre&s;ent Government, that come to Church, and are pre&s;ent at the Publick Prayers; but it may be a very great Doubt whether they joyn in their Prayers for the Pre&s;ent Government or no; his Con&s;cience, that &s;cruples the ta|king the Oaths, might &s;cruple that too. But whether Sir <HI>John Freind</HI>'s being a Prote&s;tant, and his Declaring he would never be in a Plot, be a &s;ufficient Proof; that therefore he never was in one; and that his former Di&s;cour&s;e of that kind &s;hould Di&s;credit the&s;e Witne&s;&s;es, that have Sworn he has been &s;o much concerned in a Plot, you are to con&s;ider; and comparing the Weight, and Nature of the Evidence on the one &s;ide, and the other, it mu&s;t be left to your Determination.</P>
<P>Then there is another thing that he did in&s;i&s;t upon, and that is matter of Law. The Statute of the 25^o <HI>Ed.</HI> 3. was read, which is the great Statute about Trea|&s;ons; and that does contain divers Species of Trea&s;on, and Declares what &s;hall be Trea&s;on. One Trea&s;on is the Compa&s;&s;ing, and Imagining the Death of the King; another is the Levying of War: Now, &s;ays he, here is no War actually Levied; and a bare Con&s;piracy or De&s;ign to Levy War, does not come within this Law again&s;t Trea&s;on. Now for that, I mu&s;t tell you, if there be onely a Con|&s;piracy to Levy War, it is not Trea&s;on. But if the De&s;ign and Con&s;piracy be either to Kill the King, or to Depo&s;e him, or Impri&s;on, or put any Force or Re|&s;traint upon him, and the Way and Method of effecting of the&s;e, is by Levying a War, there the Con&s;ultation, and the Con&s;piracy to Levy a War for that pur|po&s;e, is High-Trea&s;on, tho' no War be Levied for &s;uch Con&s;ultation and Con&s;pi|racy, is an Overt-Act, proving the Compa&s;&s;ing the Death of the King, which is the fir&s;t Trea&s;on, mentioned in the Statute of the 25th of <HI>Ed.</HI> 3d. For the Words of that Statute are; <HI>That if any Man &s;hall Compa&s;s, or Imagine the Death of the King.</HI> Now becau&s;e a Man De&s;igns the Death, Depo&s;ition, or De|&s;truction of the King, and to that De&s;ign, Agrees and Con&s;ults to Levy War; that this &s;hould not be High-Trea&s;on, if a War be not actually Levied, is very &s;trange Doctrine, and the Contrary has always been held to be Law. There may a War be Levied without any De&s;ign upon the King's Per&s;on, or Endan|gering of it; which if actually Levied, is High-Trea&s;on; but a bare De&s;igning to Levy War, without more, will not be Trea&s;on. As for Example;<NOTE N="*" PLACE="marg">Ri&s;ing with Force, to pull down all Inclo|&s;ures, to expell Stran|gers, to pull down Bawdy-Hou&s;es, is Levy|ing of War, and Trea|&s;on; but a bare Purpo|&s;ing and De&s;igning to rai&s;e &s;uch a Force for &s;uch a Purpo&s;e, is not Trea&s;on.</NOTE> If per&s;ons do A&s;&s;emble them|&s;elves, and Act with Force in oppo&s;ition to &s;ome Law which they think inconvenient, and hope thereby to get it repealed, this is Levying a War and Trea&s;on, tho' Purpo&s;ing and De&s;igning it is not &s;o; &s;o when they endeavour in great Numbers with Force to make &s;ome Reformation of their own heads, without pur&s;uing the Methods of the Law, that is a Levying of War, and Trea&s;on, but the Purpo&s;ing and De&s;igning it is not &s;o.</P>
<P>But if there be, as I told you, a Purpo&s;e and De&s;ign to De&s;troy the King, and to Depo&s;e him from his Throne, or to Re&s;train him, or have any Power over him, which is propo&s;ed or de&s;igned to be effected by War that is to be Levied, &s;uch a Con&s;piracy and Con&s;ultation to Levy War for the bringing this to pa&s;s, is an
<PB N="44" REF="24" MS="y"> Overt-Act of High-Trea&s;on. So that, Gentlemen, as to that Objection, that he makes in Point of Law, it is of no force, if there be Evidence &s;ufficient to con|vince you, that he did Con&s;pire to Levy War for &s;uch an end.</P>
<P>Gentlemen, the Evidence you have heard what it is, you may con&s;ider the Weight of it, and the Circum&s;tances that do attend it; and likewi&s;e the An|&s;wers that have been given by the Pri&s;oner to Invalidate that Evidence, and to prove the Improbability of what they have te&s;tified again&s;t him. You have heard, I &s;ay, the Evidence on the one &s;ide, and the other; If you are not &s;atis|fied that what the Witne&s;&s;es have Sworn is true, that Sir <HI>John Freind</HI> did Ingage in &s;uch a De&s;ign for &s;uch a purpo&s;e, then you are to acquit him; but on the other &s;ide, if you believe that Sir <HI>John Freind</HI> is Guilty of what the Witne&s;&s;es have Depo&s;ed again&s;t him, then you are to find him Guilty.</P>
</SP>
<SP>
<SPEAKER>Juryman.</SPEAKER>
<P>My Lord, we de&s;ire we may have that Letter with us that was produced here.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>No, no, you cannot have it by Law.</P>
</SP>
<SP>
<SPEAKER>Juryman.</SPEAKER>
<P>May it not be left with the Foreman, my Lord?</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>No, but you may look upon it in Court before you go away if you will.</P>
</SP>
<STAGE>Then the Letter was handed to the Jury, and one of them handed it to the Pri&s;oner.</STAGE>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Why do you do &s;o? you &s;hould not give the Pri&s;oner the Letter.</P>
</SP>
<SP>
<SPEAKER>Juryman.</SPEAKER>
<P>It was done to &s;ee whether it was his hand: and we de&s;ire, if there be any body here that knows his hand-writing, or that &s;aw him write it, may be produced.</P>
</SP>
<SP>
<SPEAKER>L. C. J.</SPEAKER>
<P>Why? Did not he own the Letter to the Witne&s;s afterwards? It was Sworn to you he did; and that he met according to the Appointment in the Letter, and that Money was paid.</P>
</SP>
<STAGE>Then the Jury withdrew to Con&s;ider of their Verdict, and an Officer was Sworn to keep them, according to Law, till agreed; and about a quarter of an Hour afterwards they Returned into Court, and the Pri&s;oner was brought to the Bar.</STAGE>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>Gentlemen, An&s;wer to your Names, <HI>Thomas Clark</HI>&mdash;</P>
</SP>
<SP>
<SPEAKER>Mr. Clark.</SPEAKER>
<P>Here. <STAGE>(And &s;o did all the re&s;t of the Twelve.)</STAGE></P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>Gentlemen, are you agreed of your Verdict?</P>
</SP>
<SP>
<SPEAKER>Jury.</SPEAKER>
<P>Yes.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>Who &s;hall &s;ay for you?</P>
</SP>
<SP>
<SPEAKER>Jury.</SPEAKER>
<P>Our Foreman.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>Sir <HI>John Freind,</HI> hold up thy Hand, <HI>(which he did)</HI> Look upon the Pri&s;oner; How &s;ay ye, is he Guilty of the High-Trea&s;on whereof he &s;tands In|dicted, or Not Guilty?</P>
</SP>
<SP>
<SPEAKER>Foreman.</SPEAKER>
<P>Guilty, my Lord.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>What Goods or Chattels, Lands or Tenements, had he at the time of the High-Trea&s;on committed, or at any time &s;ince?</P>
</SP>
<SP>
<SPEAKER>Foreman.</SPEAKER>
<P>None to our Knowledge.</P>
</SP>
<SP>
<SPEAKER>Jaylor.</SPEAKER>
<P>Look to him, he is found Guilty of High-Trea&s;on.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>Then hearken to your Verdict as the Court has Recorded it. You &s;ay that Sir <HI>John Freind</HI> is Guilty of the High-Trea&s;on whereof he &s;tands In|dicted, but that he had no Goods, nor Chattels, Lands, nor Tenements, at the time of the High-Trea&s;on committed, or at any time &s;ince, to your Knowledge.</P>
</SP>
<SP>
<SPEAKER>L. C. J. Holt.</SPEAKER>
<P>Di&s;charge the Jury.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>Gentlemen, the Court Di&s;charges you, and thanks you for your Service.</P>
</SP>
<SP>
<SPEAKER>L. C. J.</SPEAKER>
<P>Then we had be&s;t to Adjourn the Court till to Morrow Morning.</P>
</SP>
<SP>
<SPEAKER>Cl. of Arr.</SPEAKER>
<P>Cryer, make Proclamation.</P>
</SP>
<SP>
<SPEAKER>Cryer.</SPEAKER>
<P>O Yes, O yes, O yes: All manner of per&s;ons, that have any thing more to do, at this General Se&s;&s;ions of the Peace, Se&s;&s;ions of <HI>Oyer</HI> and <HI>Terminer,</HI> holden for the City of <HI>London;</HI> and Goal-Delivery of <HI>Newgate,</HI> holden for the City of <HI>London,</HI> and County of <HI>Middle&s;ex,</HI> may depart hence for this time, and give their Attendanc here again, to morrow Morning at Seven of the Clock, and <HI>God &s;ave the King.</HI></P>
</SP>
<STAGE><HI>Then the Pri&s;oner was Carried back to</HI> Newgate, <HI>and was brought the next Day to the Bar to offer what he had to &s;ay for Stay of Judgment; and afterwards Received Sentence of Death, as a Traytor, together with Sir</HI> William Perkyns, <HI>who was that day Tryed, Convicted, and Condemned, and who&s;e Tryal will be Publi&s;hed with all po&s;&s;ible &s;peed.</HI></STAGE>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
