Die
Lunae
Vicesimo
tertio
Martis
1695.
Anno
Regni
Regis
Gulielmi
Tertii
Octavo
.
At
the
Sessions-House
in
the
Old-Baily
,
this
Day
came
on
the
Trial
of
Sir
JOHN
FREIND
,
Knight
,
for
High-Treason
,
in
Compassing
and
Imagining
the
Death
and
Destruction
of
His
present
Majesty
King
William
,
upon
an
Indictment
found
by
the
Grand-Jury
for
the
City
of
London
,
upon
the
Sessions
of
Oyer
and
Terminer
and
Gaol-Delivery
of
Newgate
,
on
Saturday
the
21st
.
Instant
.
Cl.
of
Arr.
CRyer
,
make
Proclamation
.
Cryer
.
Oyez
,
thrice
.
All
manner
of
Persons
that
have
any
thing
more
to
do
at
this
General
Sessions
of
the
Peace
,
Sessions
of
Oyer
and
Terminer
,
holden
for
the
City
of
London
,
and
Goal-delivery
of
Newgate
,
holden
for
the
City
of
London
,
and
County
of
Middlesex
,
Adjourned
over
to
this
day
;
Draw
near
,
and
give
your
attendance
,
for
now
they
will
proceed
to
the
Pleas
of
the
Crown
for
the
said
City
,
and
County
;
and
God
save
King
William
.
Cl.
of
Arr.
Make
proclamation
again
.
Cryer
.
Oyez
.
You
good
men
of
the
City
of
London
summoned
to
appear
here
this
day
,
to
try
between
our
Sovereign
Lord
the
King
,
and
the
Prisoner
that
is
to
be
at
the
Bar
;
answer
to
your
names
as
you
shall
be
called
every
man
at
the
first
Call
,
upon
pain
and
peril
that
will
fall
thereon
.
Then
the
Petty
Jury
were
all
called
over
,
and
the
Appearances
of
those
that
answered
to
the
Call
,
were
recorded
.
About
Ten
a
Clock
the
Lord
Chief
Justice
Holt
,
the
Lord
Chief
Justice
Treby
,
Mr.
Justice
Nevill
,
and
Mr.
Justice
Rokeby
,
came
into
the
Court
;
and
there
being
a
great
confluence
of
the
Nobility
and
Gentry
there
present
,
the
Prisoner
was
ordered
to
be
brought
to
the
Bar
;
which
was
done
accordingly
.
Cl
of
Arr.
Sir
John
Freind
.
Hold
up
thy
Hand
.
Freind
.
My
Lord
,
I
humbly
move
that
I
may
have
one
William
Courtney
(
who
is
to
be
a
principal
Witness
for
me
at
my
Trial
,
and
is
now
a
Prisoner
in
the
Gatehouse
)
sent
for
.
L.
C.
Just.
Holt.
Is
he
your
Witness
,
Sir
John
?
Freind
.
Yes
,
my
Lord
,
William
Courtney
is
his
name
.
L.
C.
Just.
Holt.
Sir
John
,
why
did
not
you
send
,
and
desire
this
before
?
Freind
.
My
Lord
,
I
did
not
hear
of
him
while
last
night
;
and
I
humbly
beseech
your
Lordship
,
that
you
will
please
to
let
him
be
sent
for
.
The
Judges
consulted
among
themselves
.
L.
C.
Just.
Holt.
Look
ye
,
Sir
John
Freind
,
I
'll
tell
you
,
If
you
'll
appoint
your
Agent
to
come
hither
,
you
shall
have
an
Habeas
Corpus
ad
testificandum
:
But
indeed
you
might
have
sent
this
morning
,
and
then
the
Writ
might
have
been
got
ready
.
Freind
.
My
Lord
,
I
did
not
know
so
much
;
for
it
was
last
night
before
I
understood
that
he
was
to
be
a
Witness
.
L.
C.
Just.
Holt.
You
might
have
sent
last
night
,
or
this
morning
,
and
you
should
have
had
a
Warrant
for
the
Writ
.
Freind
.
I
assure
your
Lordship
,
I
did
not
know
so
much
.
L.
C.
Just.
Holt.
Well
,
Send
your
Agent
,
or
your
Sollicitor
,
and
you
shall
have
a
Warrant
for
the
Writ
.
Freind
.
I
beseech
your
Lordship
,
that
he
may
be
sent
for
,
and
that
the
messenger
may
make
haste
.
L.
C.
Just.
Holt.
Let
your
Sollicitor
come
to
my
Clerk
,
and
he
shall
have
it
.
Freind
.
My
Lord
,
if
you
please
to
give
a
Rule
of
Court
for
it
,
I
suppose
it
may
be
done
presently
.
L.
C.
Just.
Holt.
No
,
no
,
Sir
John
,
it
must
be
by
Writ
,
the
Keeper
of
the
Gate-house
else
can't
bring
him
.
Freind
.
My
Lord
,
that
will
be
a
long
time
before
it
can
be
done
,
I
desire
nothing
but
that
I
may
have
him
here
to
give
his
Evidence
for
me
.
L.
C.
Just.
Holt.
It
will
be
got
ready
presently
;
I
believe
he
will
be
here
time
enough
for
you
to
make
use
of
his
Testimony
.
Freind
.
But
,
my
Lord
,
suppose
he
should
not
be
here
:
It
would
be
a
great
hindrance
to
me
,
and
a
greater
injury
in
my
Tryal
.
L.
C.
Just.
Holt.
No
,
no
,
Sir
John
,
you
need
not
fear
any
thing
of
that
nature
,
we
are
not
in
such
haste
;
we
will
not
spur
you
on
:
But
the
Warrant
shall
be
made
;
and
do
you
make
what
haste
you
can
to
get
the
Writ
,
and
your
Witness
brought
.
The
Lord
Chief
Justice
gave
order
to
Mr.
Mason
his
Clerk
,
to
prepare
a
Warrant
for
an
Habeas
Corpus
;
directed
for
the
Keeper
of
the
Gatehouse
,
to
bring
William
Courtney
immediately
hither
to
give
evidence
.
Cl.
of
Arr.
Sir
John
Freind
,
hold
up
thy
hand
,
(
which
he
did
)
.
You
stand
Indicted
in
London
by
the
name
of
Sir
John
Freind
,
late
of
London
,
Kt.
for
that
,
whereas
there
had
been
for
a
long
time
,
and
yet
is
,
an
open
,
and
notoriously
publick
,
and
most
sharp
,
and
cruel
War
by
Land
,
and
by
Sea
,
had
,
carried
on
,
and
prosecuted
by
Lewis
the
French
King
,
against
the
most
Serene
,
most
Illustrious
,
and
most
Excellent
Prince
,
our
Sovereign
Lord
William
the
Third
,
by
the
Grace
of
God
,
of
England
,
Scotland
,
France
,
and
Ireland
,
King
,
Defender
of
the
Faith
,
&c.
All
which
time
the
said
Lewis
the
French
King
,
and
his
Subjects
were
,
and
yet
are
Enemies
of
our
said
Lord
the
King
,
that
now
is
,
and
his
Subjects
.
You
the
said
Sir
John
Freind
,
a
Subject
of
our
said
Sovereign
Lord
the
King
,
that
now
is
,
of
this
Kingdom
of
England
,
well
knowing
the
Premises
,
not
having
the
fear
of
God
in
your
Heart
,
nor
weighing
the
Duty
of
your
Allegiance
,
but
being
moved
and
seduced
by
the
Instigation
of
the
Devil
,
as
a
false
Traytor
against
the
said
most
Serene
,
most
Clement
,
and
most
Excellent
Prince
,
our
said
Sovereign
Lord
William
the
Third
,
now
King
of
England
,
&c.
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
said
Sovereign
Lord
the
King
,
that
now
is
,
towards
him
our
said
Sovereign
Lord
the
King
,
should
and
of
right
ought
to
bear
,
withdrawing
,
and
intending
utterly
to
extinguish
,
and
contriving
,
and
with
all
your
strength
,
purposing
,
designing
,
and
endeavouring
the
Government
of
this
Kingdom
of
England
,
under
our
said
Sovereign
Lord
the
King
that
now
is
of
Right
,
duly
,
happily
,
and
very
well
Established
,
altogether
to
Subvert
,
Change
,
and
Alter
,
and
his
Faithful
Subjects
,
and
the
Freemen
of
this
Kingdom
of
England
,
into
intolerable
,
and
most
miserable
Slavery
,
to
the
aforesaid
French
King
,
to
Subdue
,
and
bring
,
the
first
day
of
July
,
in
the
Seventh
year
of
the
Reign
of
our
said
Sovereign
Lord
the
King
that
now
is
;
and
divers
other
days
and
times
,
as
well
before
as
after
,
at
London
,
in
the
Parish
of
St.
Peter
Cornhill
,
in
the
Ward
of
Limestreet
,
falsely
,
maliciously
,
devilishly
,
and
traiterously
,
did
compass
,
imagine
,
contrive
,
purpose
,
and
intend
,
our
said
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
England
,
to
Depose
,
cast
Down
,
and
utterly
to
Deprive
;
and
our
said
Sovereign
Lord
the
King
to
Death
,
and
final
Destruction
to
put
,
and
bring
,
and
the
aforesaid
Lewis
the
French
King
,
by
his
Armies
,
Soldiers
,
Legions
,
and
Subjects
,
this
Kingdom
of
England
to
Invade
,
Fight
with
,
Overcome
,
and
Subdue
,
to
move
,
incite
,
procure
,
and
help
,
and
a
miserable
slaughter
among
the
Faithful
Subjects
of
him
,
our
said
Sovereign
Lord
the
King
throughout
this
whole
Kingdom
of
England
,
to
make
and
cause
;
and
that
you
the
said
Sir
John
Friend
to
the
aforesaid
Enemies
of
our
said
Lord
the
King
,
that
now
is
,
then
,
and
there
during
the
War
aforesaid
,
Traiterously
were
adhering
and
assisting
;
and
the
same
your
most
impious
,
wicked
and
devilish
Treasons
,
and
traiterous
compassings
,
intentions
,
and
purposes
aforesaid
,
to
fulfill
,
perfect
,
and
bring
to
effect
;
and
in
prosecution
,
performance
,
and
execution
of
that
traiterous
adhesion
,
you
the
said
Sir
John
Freind
,
as
such
a
false
Traytor
,
during
the
War
aforesaid
,
to
wit
,
the
same
first
day
of
July
,
in
the
year
abovesaid
,
at
London
aforesaid
,
in
the
Parish
and
Ward
aforesaid
,
and
divers
other
days
and
times
,
as
well
before
as
after
,
there
and
elsewhere
in
London
aforesaid
,
falsly
,
maliciously
,
advisedly
,
secretly
,
and
traiterously
,
and
with
Force
and
Arms
,
&c.
with
one
Robert
Charnock
(
late
of
High-Treason
,
in
contriving
,
and
conspiring
the
Death
of
our
said
Sovereign
Lord
the
King
,
that
now
is
,
duly
convicted
and
attainted
)
and
with
divers
other
false
Traytors
,
to
the
Jurors
unknown
,
did
meet
,
propose
,
treat
,
consult
,
consent
,
and
agree
,
to
procure
from
the
aforesaid
Lewis
the
French
King
,
of
his
Subjects
,
Forces
,
and
Soldiers
,
then
and
yet
Enemies
of
our
said
Sovereign
Lord
the
King
that
now
is
,
great
numbers
of
Soldiers
and
Armed
men
,
this
Kingdom
of
England
to
Invade
and
Fight
with
,
and
to
levy
,
procure
,
and
prepare
great
numbers
of
Armed
men
,
and
Troops
and
Legions
against
our
said
Lord
the
King
that
now
is
,
to
rise
up
and
be
formed
,
and
with
those
Enemies
at
and
upon
such
their
Invasion
and
Entry
into
this
Kingdom
of
England
,
to
join
and
unite
,
Rebellion
and
War
against
him
our
said
Lord
the
King
,
within
this
Kingdom
of
England
,
to
make
,
levy
,
and
wage
,
him
our
said
Lord
the
King
so
as
aforesaid
to
Depose
,
and
him
to
Kill
and
Murder
;
and
moreover
with
the
said
false
Traytors
,
the
same
first
day
of
July
,
in
the
year
abovesaid
,
at
London
aforesaid
,
in
the
Parish
and
Ward
aforesaid
,
Traiterously
you
did
consult
,
consent
,
and
agree
to
send
the
aforesaid
Robert
Chernock
as
a
Messenger
from
you
the
said
Sir
John
Friend
,
and
the
same
other
Traytors
unknown
,
unto
and
into
the
Kingdom
of
France
,
in
parts
beyond
the
Seas
,
unto
James
the
Second
,
late
King
of
England
,
to
propose
to
him
,
and
desire
of
him
to
obtain
of
the
aforesaid
French
King
,
the
Soldiers
and
Armed
men
aforesaid
,
for
the
Invasion
aforesaid
to
be
made
;
and
Intelligence
and
Notice
of
such
their
Traiterous
Intentions
,
and
Adhesions
,
and
all
the
Premises
unto
the
said
late
King
James
the
Second
,
and
the
said
other
Enemies
and
their
Adherents
,
to
give
and
exhibit
;
and
them
to
inform
of
other
particular
things
and
circumstances
thereunto
relating
;
as
also
Intelligence
from
them
of
the
said
intended
Invasion
,
and
other
things
and
circumstances
concerning
the
Premises
,
to
receive
,
and
the
same
to
you
the
said
Sir
John
Freind
,
and
the
said
other
Traytors
in
this
Kingdom
of
England
,
to
signify
,
report
,
and
declare
,
in
Assistance
,
Animation
,
and
Aid
of
the
said
Enemies
of
our
said
Lord
the
King
that
now
is
,
in
the
War
aforesaid
,
and
to
incite
and
procure
those
Enemies
the
more
readily
and
boldly
to
Invade
this
Kingdom
of
England
;
and
the
Treasons
and
Traytorous
Contrivances
,
Compassings
,
Imaginations
,
and
Purposes
of
you
the
said
Sir
John
Freind
aforesaid
,
to
perfect
and
fulfil
,
and
all
the
Premises
the
sooner
to
execute
,
manage
and
perform
,
you
the
said
Sir
John
Freind
,
during
the
War
aforesaid
,
so
as
aforesaid
continued
,
to
wit
,
the
same
first
day
of
July
,
in
the
abovesaid
Seventh
Year
of
the
Reign
of
our
said
Lord
the
King
that
now
is
,
at
London
aforesaid
,
in
the
Parish
and
Ward
aforesaid
,
falsly
and
traiterously
did
procure
and
obtain
to
your self
,
and
did
receive
and
accept
of
a
certain
Commission
or
Writing
,
purporting
it self
to
be
a
Commission
,
under
and
from
the
aforesaid
James
the
Second
,
late
King
of
England
,
to
constitute
you
the
said
Sir
John
Freind
to
be
a
Collonel
of
Horse
in
the
Army
by
you
and
the
other
false
Traytors
against
our
said
Lord
the
King
that
now
is
,
within
this
Kingdom
of
England
to
be
levied
and
formed
;
and
in
pursuance
of
the
said
pretended
Commission
by
you
the
said
Sir
John
Freind
so
obtained
and
accepted
of
,
and
your
Treasons
and
all
your
Traiterous
Intentions
aforesaid
,
the
sooner
to
execute
,
perform
,
fulfil
,
and
perfect
,
You
the
said
Sir
John
Freind
afterwards
,
(
to
wit
)
the
same
First
Day
of
July
,
in
the
Seventh
Year
abovesaid
,
at
London
aforesaid
,
in
the
Parish
and
Ward
aforesaid
,
Falsly
,
Maliciously
,
Advisedly
,
Secretly
,
and
Traiterously
,
Divers
Soldiers
,
and
Armed
Men
,
and
ready
to
be
Armed
,
with
Force
and
Arms
,
&c.
To
Raise
,
and
List
,
and
War
and
Rebellion
against
our
said
Lord
the
King
,
within
this
Kingdom
of
England
to
make
and
wage
;
And
to
and
with
the
said
Enemies
of
our
said
Lord
the
King
,
Foreigners
and
Strangers
,
Subjects
and
Soldiers
of
the
said
Lewis
the
French
King
,
being
about
to
invade
this
Kingdom
of
England
,
at
and
upon
their
Invasion
,
and
Entry
into
this
same
Kingdom
,
then
shortly
expected
to
be
made
,
Themselves
together
with
You
the
said
Sir
John
Freind
to
join
and
unite
,
and
in
Troops
and
Legions
to
form
,
did
Raise
,
List
,
and
Retain
,
and
did
procure
to
be
Raised
,
Listed
,
and
Retained
;
And
divers
Sums
of
Money
,
in
and
about
the
Raising
,
Listing
,
and
Retaining
of
the
aforesaid
Soldiers
,
and
Men
Armed
,
and
ready
to
be
Armed
upon
the
Account
aforesaid
,
upon
the
aforesaid
First
Day
of
July
in
the
Seventh
Year
abovesaid
,
at
London
aforesaid
,
in
the
Parish
and
Ward
aforesaid
,
Falsly
,
Maliciously
,
and
Traiterously
,
Did
give
and
pay
,
and
cause
to
be
paid
;
And
those
Soldiers
and
Men
,
for
the
Treasons
,
Intentions
,
and
Purposes
aforesaid
,
then
and
there
,
and
long
after
,
you
had
in
readiness
.
As
also
the
same
First
Day
of
July
,
in
the
Seventh
Year
abovesaid
,
at
London
aforesaid
,
in
the
Parish
and
Ward
aforesaid
,
Divers
Horses
,
and
very
many
Arms
,
Guns
,
Carbines
,
Pistols
,
Swords
,
and
other
Weapons
,
Ammunition
,
and
Warlike
Things
,
and
Military
Instruments
,
Falsly
,
Maliciously
,
Secretly
,
and
Traiterously
You
did
Obtain
,
Buy
,
Gather
,
and
Procure
,
and
cause
to
be
Bought
,
Gathered
,
Obtained
,
and
Procured
,
and
in
Your
Custody
had
and
detained
,
to
that
Intent
to
use
the
same
in
the
said
Invasion
,
War
and
Rebellion
,
against
our
said
Sovereign
Lord
the
King
that
now
is
,
Him
our
said
Lord
the
King
of
,
and
from
the
Regal
State
,
Crown
and
Command
of
this
Kingdom
of
England
to
Depose
,
Cast
Down
,
and
Deprive
,
and
Him
to
Kill
and
Murder
,
and
all
the
Treasons
,
Intentions
,
Contrivances
and
Purposes
of
You
the
said
Sir
John
Freind
,
as
aforesaid
,
to
fulfil
,
perfect
,
and
fully
to
bring
to
Effect
;
Against
the
Duty
of
Your
Allegiance
,
and
against
the
Peace
of
our
said
Sovereign
Lord
the
King
that
now
is
,
His
Crown
and
Dignity
;
As
also
against
the
Form
of
the
Statute
in
this
Case
made
and
provided
.
What
say'st
thou
,
Sir
John
Freind
,
Art
thou
Guilty
of
this
High-Treason
whereof
thou
standest
Indicted
,
or
Not
Guilty
?
Freind
.
Not
Guilty
,
my
Lord
.
Cl.
of
Arr.
Culpritt
.
How
wilt
thou
be
Tryed
?
Freind
.
By
God
and
my
Country
.
Cl.
of
Arr.
God
send
thee
good
Deliverance
.
Freind
.
I
don't
know
any
thing
of
it
,
I
am
as
Innocent
as
the
Child
unborn
.
The
Warrant
for
the
Habeas
Corpus
was
Signed
by
the
Lord
Chief-Justice
Holt
,
and
delivered
to
the
Prisoner
,
who
sent
it
away
to
the
Crown-Office
by
his
Sollicitor
,
to
get
the
Writ
sealed
.
Freind
.
My
Lord
,
I
have
something
to
move
,
if
your
Lordship
please
to
hear
me
,
and
the
rest
of
my
Lords
the
Judges
;
That
if
any
matter
of
Law
do
arise
upon
my
Trial
,
I
may
be
heard
by
my
Councel
,
that
you
may
not
destroy
me
without
Law
.
L.
C.
Just.
Holt.
Look
you
Sir
John
Freind
,
if
any
matter
of
Law
do
arise
at
your
Trial
,
and
you
will
tell
us
what
that
matter
of
Law
is
,
and
the
Court
see
that
it
is
a
matter
of
Doubt
,
we
can
,
and
ought
,
and
no
Question
shall
assign
you
Councel
;
but
that
is
time
enough
when
such
matter
does
arise
.
Freind
.
My
Lord
,
It
is
well
known
to
your
Lordship
,
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
,
so
you
will
be
of
Councel
for
me
;
for
I
am
not
a
Lawyer
,
and
cannot
know
,
whether
any
matter
that
arises
be
Law
or
no
;
and
therefore
I
humbly
beseech
your
Lordship
to
be
so
just
and
kind
,
as
to
tell
me
whether
it
be
Law
or
not
Law
,
and
I
submit
my self
to
your
Lordship's
direction
.
L.
C.
Just.
Holt.
Sir
John
Freind
,
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
possibly
you
can
have
;
for
we
are
obliged
to
be
indifferent
between
the
King
and
you
.
Freind
.
My
Lord
,
I
don't
question
it
.
I
desire
also
I
may
have
Pen
,
Ink
,
and
Paper
.
L.
C.
Just.
Holt.
Yes
,
yes
,
by
all
means
.
(
And
he
had
them
.
)
Cl.
of
Arr.
Cryer
,
Make
Proclamation
.
Cryer
.
Oyez
:
You
good
Men
of
the
City
of
London
,
summoned
to
appear
here
this
Day
,
to
Try
between
our
Sovereign
Lord
the
King
,
and
the
Prisoner
that
is
at
the
Bar
,
who
have
been
called
,
and
made
Default
,
answer
to
your
Names
,
and
save
your
Issues
.
Then
the
Defaulters
were
call'd
over
.
Cl.
of
Arr.
You
the
Prisoner
at
the
Bar
,
these
Men
that
you
shall
hear
call'd
,
and
personally
appear
,
are
to
pass
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
speak
unto
them
as
they
come
to
the
Book
to
be
sworn
,
before
they
be
sworn
.
Cryer
.
Call
Thomas
Clerk
.
Freind
.
Pray
,
Sir
,
How
many
may
I
challenge
?
L.
C.
Just.
Holt.
Look
you
,
Sir
John
,
you
may
challenge
,
that
is
,
except
against
35
,
without
shewing
any
Cause
:
If
you
don
't
like
them
to
be
of
the
Jury
,
you
may
refuse
them
;
and
as
many
others
,
as
you
have
Cause
to
except
against
.
Freind
.
My
Lord
,
I
humbly
beseech
you
,
that
because
perhaps
I
may
mistake
in
numbring
,
that
I
may
have
timely
Notice
before
the
35
be
excepted
against
,
or
else
it
may
occasion
me
a
great
deal
of
prejudice
.
L.
C.
Just.
Holt.
Sir
,
The
Clerk
shall
take
care
of
that
,
he
shall
inform
you
how
Many
you
Challenge
,
and
you
shall
receive
no
prejudice
of
that
kind
;
or
by
any
slip
in
point
of
Form
.
Cl.
of
Ar.
Cryer
,
call
Thomas
Clark
,
(
who
appeared
.
)
Fr.
Pray
Sir
,
must
not
I
see
the
Gentleman
?
L.
C.
J.
H.
Yes
,
yes
,
by
all
means
,
(
he
was
shewn
to
him
.
)
Fr.
You
may
Swear
Mr.
Clark
;
I
do
not
except
against
him
.
I
desire
but
Honest
Gentlemen
,
and
I
shall
come
off
I
warrant
you
:
I
am
as
Innocent
as
the
Child
unborn
.
L.
C.
J.
H.
Swear
Mr.
Clark
.
Cl.
of
Ar.
Hold
him
the
Book
;
(
which
was
done
)
look
upon
the
Prisoner
,
you
shall
well
and
truly
Try
,
and
true
deliverance
make
between
our
Soveraign
Lord
the
King
,
and
Prisoner
at
the
Barr
,
whom
you
shall
have
in
Charge
,
according
to
your
Evidence
.
So
help
you
God
.
Cl.
of
Ar.
Nathan
.
Green
.
Fr.
I
except
against
him
.
Cl.
of
Ar.
Thomas
Emms.
Fr.
I
accept
him
for
a
Juryman
,
I
have
nothing
to
object
against
him
,
(
he
was
Sworn
.
)
Cl.
of
Ar.
Francis
Byer
.
Fr.
Pray
let
me
see
him
,
(
he
was
shewn
to
him
)
I
do
except
against
him
,
I
Challenge
him
.
Cl.
of
Ar.
Benjamin
Dry.
Fr.
I
except
against
him
.
Cl.
of
Ar.
James
Demew
.
Fr.
I
accept
him
,
I
have
nothing
to
say
against
him
,
I
would
have
him
to
be
a
Juryman
.
Mr
Demew
,
My
Lord
,
I
am
not
a
Freeholder
.
L.
C.
J.
H.
Sir
John
,
Do
you
Challenge
him
peremptorily
,
or
do
you
Challenge
him
for
Cause
?
Fr.
My
Lord
,
I
don't
Challenge
him
at
all
,
I
accept
of
him
.
Mr.
At.
Gen.
If
he
have
no
Freehold
,
we
that
are
for
the
King
will
except
against
him
;
for
I
would
not
have
any
body
that
is
a
Freeholder
serve
upon
the
Jury
.
Cl.
of
Ar.
Henry
Hunter
.
Fr.
Pray
,
my
Lord
,
is
this
Gentleman
that
was
called
before
laid
aside
?
He
is
not
one
that
Challenge
.
L.
C.
J.
H.
No
,
no
,
he
is
Challenged
by
the
Kings
Council
as
no
Freeholder
.
Fr.
Then
he
is
only
set
aside
,
I
suppose
,
I
speak
it
for
this
Reason
,
I
would
not
be
mistaken
in
my
number
.
L.
C.
J.
H.
Care
shall
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
.
Cl.
of
Ar.
What
say
you
to
Mr.
Hunter
?
Fr.
I
accept
of
Mr
Hunter
,
let
him
be
Swore
,
(
which
was
done
.
)
Cl.
of
Ar.
John
Cox
.
Mr.
Cox
,
My
Lord
,
I
have
no
Freehold
in
London
.
Mr.
At.
Gen.
Then
let
him
be
set
aside
.
Cl.
of
Ar.
George
Bodington
.
Fr.
I
except
against
him
.
Cl.
of
Ar.
John
Hedges
.
Fr.
I
except
against
him
.
Cl.
of
Ar.
You
Challenge
him
Sir
,
do
you
?
Fr.
Yes
,
yes
,
I
do
.
Cl.
of
Ar.
John
James
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
Thomas
Poole
.
Fr.
I
accept
of
him
,
(
he
was
Sworn
.
)
Cl.
of
Ar.
Peter
Parker
.
Fr.
I
accept
of
him
,
(
he
was
Sworn
.
)
Cl.
of
Ar.
George
Grove
.
Fr.
I
except
against
him
,
for
I
have
him
not
in
my
Pannel
.
L.
C.
J.
H.
How
comes
that
?
Fr.
I
can't
tell
,
my
Lord
,
I
have
been
kept
alone
while
Saturday
last
,
only
that
worthy
Gentleman
,
(
bowing
to
Mr.
Baker
,
the
Prosecutor
for
the
King
)
was
with
me
to
give
me
notice
of
my
Tryal
before
.
Cl.
of
Ar.
Nathaniel
Wyersdale
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
Samuel
Blewitt
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
James
Bodington
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
John
Woolfe
.
Fr.
Sir
,
I
do
assure
you
I
have
him
not
in
my
Pannel
,
upon
my
word
.
I
Challenge
him
.
Cl.
of
Ar.
Samuel
Jackson
.
Fr.
I
accept
of
him
,
(
he
was
Sworn
.
)
Cl.
of
Ar.
Nathaniel
Long.
Fr.
I
accept
of
him
,
(
He
was
Sworn
.
)
Cl.
of
Ar.
Richard
Chiswell
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
George
Child
.
Fr.
I
accept
of
him
,
(
he
was
Sworn
.
)
Cl.
of
Ar.
William
Walker
.
Fr.
I
accept
of
him
,
(
he
was
Sworn
.
)
Cl.
of
Ar.
John
Wells
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
John
Hibbert
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
John
Pettit
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
James
Robinson
.
Fr.
Sir
,
he
is
not
in
my
Pannel
upon
my
word
.
Cl.
of
Ar.
He
is
in
the
Original
Pannel
.
Mr.
Sheriff
Buckingham
.
My
Lord
,
here
is
the
Original
Pannel
,
and
here
's
his
name
here
;
and
there
is
not
a
person
in
this
Pannel
,
but
what
was
Originally
put
in
,
except
it
be
about
five
or
six
at
the
end
,
and
this
is
none
of
them
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
Thomas
Hollis
,
(
he
did
not
appear
.
)
L.
C.
J.
H.
Pray
,
Sir
John
,
who
had
you
that
Copy
from
?
Who
gave
it
you
?
Fr.
My
Sollicitor
.
Mr.
Trotman
.
My
Lord
,
he
had
none
from
me
I
am
sure
:
I
received
the
Pannel
from
the
Sheriff
,
but
no
body
,
from
Sir
John
,
was
ever
with
me
for
a
Copy
.
Fr.
My
Lord
,
my
Sollicitor
brought
it
to
me
on
Saturday
night
.
L.
C.
J.
H.
Who
is
your
Sollicitor
that
gave
you
that
Copy
?
Fr.
His
name
is
Mr.
Burleigh
,
my
Lord
.
L.
C.
J.
H.
Where
is
he
?
Let
's
see
this
Mr.
Burleigh
.
Fr.
My
Lord
,
he
is
gone
to
the
Crown
Office
it
seems
,
for
the
Habeas
Corpus
.
M.
J.
Rokeby
.
It
is
your
own
Sollicitor
that
has
put
the
abuse
upon
you
,
if
it
be
so
.
Cl.
of
Ar.
Thomas
Hollis
,
(
he
did
not
appear
.
)
L.
C.
J.
H.
Pray
Sir
John
Friend
,
how
many
have
you
in
all
?
Fr.
In
number
my
Lord
,
would
you
have
me
tell
you
how
many
I
have
in
number
?
L.
C.
J.
H.
Aye
,
in
number
,
in
your
Copy
of
the
Pannel
.
Mr.
Sh.
Buckingham
.
In
the
Pannel
there
are
above
Fourscore
.
Fr.
I
have
seventy
one
my
Lord
.
Then
Thomas
Hollis
appeared
.
Cl.
of
Ar.
Do
you
Challenge
him
,
Sir
.
Mr.
Sh.
Buckingham
.
Pray
let
the
Secondary
produce
his
Pannel
that
he
had
from
my
Brother
and
me
,
and
I
am
assured
the
Court
will
find
they
were
all
named
in
that
Pannel
.
Mr.
Trotman
.
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
John
Friend
,
or
any
Person
for
him
,
had
sent
to
me
,
they
might
have
had
it
.
Mr.
Sh.
Buckingham
.
And
these
People
that
are
not
in
Sir
John
Friends
Pannel
,
are
none
of
the
half
dozen
that
were
added
when
we
came
to
the
knowledg
of
them
,
that
they
were
Freeholders
.
L.
C.
J.
H.
When
were
they
added
Sir
?
Mr.
Sh.
Buckingham
.
They
were
added
on
Friday
in
the
Afternoon
,
and
it
seems
he
never
came
for
the
Pannel
to
the
proper
Officer
,
and
those
that
he
objects
against
were
not
added
,
but
are
in
the
Original
Pannel
.
L.
C.
J.
H.
Truly
,
I
can't
see
any
body
is
to
blame
in
this
matter
but
your
own
Sollicitor
.
Mr.
Trotman
,
My
Lord
,
I
assure
you
I
had
made
a
Copy
,
and
I
wondered
I
did
not
hear
of
them
:
I
do
not
know
where
he
got
this
Copy
.
L.
C.
J.
Treby
.
In
truth
if
you
will
not
send
to
the
proper
Officer
for
a
Copy
,
when
you
might
have
had
it
,
you
must
be
content
with
what
you
have
,
for
no
body
is
bound
to
give
you
a
Copy
unless
you
ask
for
it
.
L.
C.
J.
H.
Well
,
what
say
you
to
Thomas
Hollis
?
Fr.
I
Challenge
him
,
my
Lord
,
for
he
is
not
in
my
Pannel
.
Cl.
of
Ar.
John
Sherbrook
.
Fr.
I
accept
of
him
,
(
he
was
Sworn
.
)
Cl.
of
Ar.
James
Blackwell
.
Fr.
He
is
not
in
my
Pannel
upon
my
word
,
my
Lord
.
L.
C.
J.
H.
I
can't
help
it
,
he
is
in
the
Sheriffs
Pannel
that
is
returned
here
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
Thomas
Gardner
.
Fr.
I
accept
of
him
.
Mr.
Gardner
.
My
Lord
I
am
no
Freeholder
in
the
City
.
Mr.
Justice
Rokeby
,
Mr.
Gardner
,
have
you
not
lately
conveyed
away
your
Freehold
?
Mr.
Gardner
,
No
,
indeed
,
my
Lord
,
I
never
had
any
.
Cl.
of
Ar.
William
Prince
.
Fr.
I
accept
of
him
.
(
He
was
Sworn
.
)
Cl.
of
Ar.
John
Simons
.
Fr.
I
challenge
him
.
Cl.
of
Ar.
Robert
White
.
Fr.
I
Challenge
him
.
Cl.
of
Ar.
Joseph
Morewood
.
Fr.
I
accept
him
,
his
Name
is
John
I
suppose
,
for
so
it
is
in
my
Pannel
.
Cl
of
Ar.
No
it
is
Joseph
.
Mr.
Morewood
,
My
Name
is
Joseph
.
Fr.
Well
,
Sir
,
I
accept
of
you
,
I
don't
question
but
you
are
an
Honest
Man
.
(
He
was
Sworn
.
)
Cl.
of
Ar.
Cryer
Countez
.
Thomas
Clark
.
Cryer
.
One
,
&c.
(
So
of
the
rest
to
the
Last
.
)
Cl.
of
Ar.
Joseph
Morewood
.
Cryer
.
Twelve
good
Men
and
true
,
stand
together
,
and
hear
your
Evidence
.
The
Names
of
the
Jury
were
these
.
Jur.
-
Thomas
Clark
,
-
Thomas
Emms
,
-
Henry
Hunter
,
-
Thomas
Poole
,
-
Peter
Parker
.
-
Samuel
Jackson
,
-
Nathaniel
Long
,
-
George
Child
,
-
William
Walker
,
-
John
Sherbrook
,
-
William
Prince
,
and
-
Joseph
Morewood
.
Cl.
of
Ar.
Cryer
make
Proclamation
.
Cryer
.
O
Yes
,
If
any
one
can
inform
my
Lords
the
King's
Justices
,
the
King's
Serjeant
,
the
King's
Attorney
General
,
or
this
Inquest
now
to
be
taken
,
of
the
High-Treason
whereof
the
Prisoner
at
the
Bar
stands
Indicted
,
let
them
come
forth
,
and
they
shall
be
heard
;
for
now
the
Prisoner
stands
at
the
Bar
upon
his
Deliverance
:
And
all
others
that
are
bound
by
Recognizance
to
give
evidence
against
the
Prisoner
at
the
Bar
,
let
them
come
forth
and
give
their
Evidence
or
else
they
forfeit
their
Recognizance
;
and
all
Jury-men
of
London
,
that
have
been
called
,
and
have
appeared
,
and
are
not
sworn
may
depart
the
Court.
Cl.
of
Ar.
Sir
John
Friend
,
Hold
up
thy
Hand
,
(
which
he
did
.
)
You
that
are
Sworn
,
Look
upon
the
Prisoner
,
and
hearken
to
his
Charge
;
He
stands
Indicted
by
the
Name
of
Sir
John
Friend
,
late
of
London
,
Knight
,
(
prout
in
the
Indictment
,
mutatis
mutandis
)
—
And
against
the
Form
of
the
Statute
in
that
case
made
and
provided
.
Upon
this
Indictment
he
hath
been
Arraigned
,
and
thereunto
hath
pleaded
not
Guilty
,
and
for
his
Tryal
hath
put
himself
upon
God
,
and
the
Countrey
,
which
Countrey
you
are
;
your
Charge
is
to
enquire
,
Whether
he
be
Guilty
of
the
High-Treason
whereof
he
stands
Indicted
,
or
Not
Guilty
;
if
you
find
him
Guilty
,
you
are
to
enquire
what
Goods
and
Chattels
,
Lands
and
Tenements
he
had
at
the
time
of
the
High-Treason
Committed
,
or
at
any
time
since
;
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
say
so
,
and
no
more
,
and
hear
your
Evidence
.
Mr.
Mountague
.
May
it
please
your
Lordship
,
and
you
Gentlemen
of
the
Jury
;
This
is
an
Indictment
of
High-Treason
,
that
is
brought
against
Sir
John
Friend
the
Prisoner
at
the
Bar
,
for
associating
with
,
and
aiding
the
King's
Enemies
,
with
a
Design
to
procure
an
Invasion
from
France
,
and
to
raise
a
Rebellion
within
this
Kingdom
,
and
this
was
to
Depose
the
King
,
and
Restore
the
late
King
James
and
in
order
to
the
effecting
these
his
wicked
purposes
,
the
Indictment
sets
forth
;
That
the
first
of
July
last
,
he
did
Meet
,
and
Consult
,
and
agree
with
one
Mr.
Charnock
,
(
a
Gentleman
since
Tryed
,
Convicted
and
Attained
of
High
Treason
)
how
they
should
procure
an
Army
from
France
,
to
come
and
Invade
this
Kingdom
;
and
should
Raise
a
sufficient
number
of
Men
,
to
Facilitate
the
Landing
of
the
French
;
and
the
Indictment
particularly
charges
the
Prisoner
at
the
Bar
,
with
sending
Mr.
Charnock
into
France
,
to
the
late
King
James
,
to
acquaint
him
with
the
Design
,
and
to
Desire
him
to
procure
a
great
number
of
Forces
from
the
French
King
,
to
come
here
,
and
Land
within
this
Kingdom
:
And
the
Indictment
does
likewise
charge
him
with
procuring
,
and
Receiving
a
Commission
from
the
late
King
James
to
Constitute
him
,
the
Prisoner
at
the
Bar
,
a
Collonel
of
Horse
;
and
likewise
with
laying
out
,
and
expending
,
and
paying
several
Sums
of
Money
in
Listing
,
and
Keeping
Soldiers
,
and
Men
in
pay
under
him
,
which
was
to
be
in
his
Regiment
;
and
with
laying
out
several
Sums
of
Mony
in
buying
Arms
,
and
Horses
for
this
Invasion
and
Rebellion
that
was
thus
Designed
to
be
made
,
and
Raised
within
this
Kingdom
;
To
this
Gentlemen
,
he
has
Pleaded
not
Guilty
;
we
shall
call
our
Witnesses
,
and
prove
the
Fact
,
and
we
do
not
doubt
but
you
will
find
him
so
.
Friend
.
Prove
this
if
you
can
,
it
cannot
be
.
Mr.
At.
Gen.
May
it
please
your
Lordship
,
and
you
Gentlemen
of
the
Jury
,
the
Prisoner
at
Bar
,
Sir
John
Friend
,
stands
Indicted
of
High
Treason
,
in
Compassing
,
and
Imagining
the
Death
of
the
King
,
and
likewise
in
Adhereing
to
the
King's
Enemies
.
Gentlemen
,
the
Overt
Acts
laid
in
the
Indictment
to
prove
this
Treason
,
are
these
.
That
the
Prisoner
at
the
Bar
did
accept
a
Commission
from
the
late
King
James
,
to
Raise
a
Regiment
of
Horse
in
this
Kingdom
,
in
order
to
joyn
with
the
French
,
when
they
Invaded
it
;
and
there
were
several
Meetings
,
and
Consultations
between
him
,
and
several
others
whom
you
will
hear
named
by
the
Witnesses
,
upon
which
it
was
Resolved
to
send
a
Messenger
one
Charnock
into
France
,
to
desire
the
late
King
James
,
to
prevail
with
the
French
K.
to
get
a
number
of
Men
,
in
all
10000.
with
an
Assurance
,
that
they
would
Assist
him
with
a
number
of
Horse
when
he
came
:
and
in
pursuance
of
this
Design
,
the
Prisoner
at
the
Bar
did
raise
Men
,
and
pay
some
Summs
of
Money
for
their
subsistence
,
and
Listed
,
and
had
them
in
Readiness
;
and
provided
Horses
and
Arms.
These
are
the
Overt-Acts
laid
in
the
Indictment
;
the
Evidence
that
will
be
produc'd
to
you
,
to
prove
this
Treason
,
and
these
Overt
Acts
,
will
be
in
this
Manner
.
Gentlemen
,
you
will
see
by
the
Evidence
,
that
there
has
been
a
Design
and
Conspiracy
on
Foot
for
several
Years
to
Assassinate
the
King's
Person
,
and
to
have
an
Invasion
from
France
at
that
Time
,
by
armed
Force
here
to
subdue
this
Kingdom
.
The
Prisoner
at
the
Bar
,
Sir
John
Friend
,
I
think
about
Two
Years
ago
had
a
Commission
sent
him
from
the
late
King
James
,
to
raise
a
Regiment
of
Horse
:
There
were
several
other
Commissions
sent
likewise
,
but
one
was
sent
to
the
Prisoner
,
which
he
accepted
of
;
and
in
pursuance
of
it
,
he
appointed
several
Officers
,
and
Listed
several
Men
for
that
Purpose
,
and
expended
several
Summs
of
Money
for
the
raising
,
and
subsisting
of
them
.
Gentlemen
,
you
will
hear
that
his
Lieutenant-Colonel
was
to
be
one
Blaire
,
and
his
Major
was
to
be
one
Slater
;
and
this
Slater's
Father
was
a
Clergy-Man
,
and
he
undertook
to
bring
in
a
Troop
of
Clergy-Men
that
had
refused
to
take
the
Oaths
.
One
of
his
Captains
was
one
Evans
,
one
Richardson
was
another
;
and
there
were
several
other
Officers
whom
you
will
hear
named
by
the
Witnesses
,
that
were
appointed
and
ingag'd
to
make
up
the
Regiment
.
Gentlemen
,
you
will
hear
farther
by
the
Witnesses
,
that
about
May
,
or
June
last
,
they
having
rais'd
a
considerable
Number
of
Men
,
there
were
several
Meetings
had
between
the
Prisoner
at
the
Bar
,
and
several
other
Persons
,
in
order
to
send
some
Person
over
to
get
Forces
from
France
,
to
Invade
this
Kingdom
.
The
first
Meeting
,
that
you
will
hear
of
,
was
at
the
Old
King's
Head-Tavern
in
Leaden-Hall-Street
,
and
there
were
present
the
Prisoner
at
the
Bar
,
my
Lord
of
Aylesbury
,
my
Lord
Montgomery
,
Sir
John
Fenwick
,
Sir
William
Parkins
,
Mr.
Charnock
,
(
who
was
lately
Condemned
and
Executed
for
the
Design
of
Murdering
the
King
)
Mr.
Porter
,
and
one
Cook
.
At
that
Meeting
you
will
hear
what
their
Debates
were
,
and
what
their
Resolutions
:
after
several
Debates
,
who
they
should
send
,
they
resolv'd
to
send
Mr.
Charnock
,
to
go
into
France
,
to
desire
the
late
King
James
to
get
10000
Men
of
the
French
Troops
to
land
upon
our
Coasts
,
about
8000
Foot
,
and
the
rest
Horse
,
and
Dragoones
:
And
they
did
Impower
him
in
their
Names
,
to
assure
the
late
King
James
,
that
they
would
,
when
ever
he
Landed
with
his
French
Troops
,
be
ready
to
assist
him
with
near
Two
Thousand
Horse
among
them
.
Upon
this
,
Gentlemen
,
Mr.
Charnock
undertook
to
go
upon
this
Message
:
But
about
a
Week
after
they
met
again
,
for
he
was
unwilling
to
go
upon
such
an
Errand
,
without
having
a
full
Resolution
and
Assurance
from
these
Gentlemen
that
were
thus
Engag'd
,
that
he
might
satisfie
the
late
King
what
they
would
certainly
do
.
So
they
met
again
about
a
Week
after
,
and
that
was
at
a
Tavern
in
St.
Jame's
Street
,
near
Sir
John
Fenwick's
Lodgings
,
one
Mrs.
Montjoyes
,
there
was
the
Prisoner
at
the
Bar
,
my
Lord
of
Alesbury
,
and
most
of
the
same
Company
that
were
at
the
Meeting
before
:
And
Mr.
Charnock
desired
to
know
,
if
they
did
agree
to
what
had
been
Propos'd
and
Resolv'd
on
before
;
for
he
was
unwilling
,
and
did
not
care
to
go
without
a
full
Assurance
of
the
performance
.
They
did
all
agree
,
and
desir'd
that
he
would
go
with
all
Speed
,
and
that
he
should
assure
King
James
,
they
would
be
ready
to
meet
him
,
if
they
had
Notice
where
he
would
land
.
Pray
,
Gentlemen
,
observe
the
Time
when
these
Meetings
were
.
It
was
in
May
,
or
June
last
,
soon
after
the
King
was
gone
to
Flanders
;
and
they
thought
this
a
fit
Opportunity
,
when
the
King's
Forces
were
drawn
out
of
England
into
Flanders
,
for
carrying
on
the
Campaign
,
then
was
the
proper
Time
,
according
as
they
discours'd
the
Matter
,
the
People
being
,
as
they
said
,
generally
Dissatisfied
,
and
but
few
Forces
in
England
to
oppose
them
.
Mr.
Charnock
accordingly
went
over
into
France
,
and
about
a
Month
after
return'd
again
,
and
acquainted
them
that
he
had
told
King
James
their
Resolution
,
and
how
they
would
assist
him
,
and
what
they
desir'd
of
him
,
and
,
in
short
,
had
deliver'd
his
Message
:
but
that
King
James
told
him
,
He
thank'd
them
very
much
for
their
Kindness
,
and
Readiness
to
assist
him
;
but
at
that
Time
the
French
King
could
not
spare
any
Forces
,
nor
could
it
be
all
that
Summer
,
and
so
there
was
nothing
to
be
done
;
and
thereupon
it
rested
till
the
last
Winter
.
Then
,
Gentlemen
,
you
will
hear
that
the
last
Winter
the
Design
was
renewed
again
,
about
January
last
:
For
Sir
George
Barclay
came
over
from
the
late
King
,
being
a
Lieutenant
of
his
Guards
there
,
and
then
they
entered
into
a
Conspiracy
to
assassinate
the
King
;
and
that
was
to
be
done
first
,
to
facilitate
the
Invasion
,
which
was
to
follow
immediately
upon
the
Execution
of
the
Assassination
:
For
they
thought
they
cou'd
have
no
Assurance
of
Success
in
their
Invasion
,
as
long
as
the
King
lived
;
and
I
hope
every
one
will
take
notice
,
how
precious
that
Life
is
to
us
,
when
it
is
so
apparent
to
all
the
World
,
that
our
Enemies
cannot
hope
for
any
Success
to
their
Enterprizes
and
Designs
to
destroy
us
,
but
by
taking
that
Life
away
.
Gentlemen
,
this
very
Conspiracy
you
will
hear
the
Prisoner
at
the
Bar
was
acquainted
with
,
and
privy
to
,
even
this
Assassination
;
tho'
indeed
you
will
hear
he
did
not
much
approve
of
it
,
because
he
thought
it
wou'd
be
a
Disservice
to
the
late
King's
Affairs
;
but
he
was
at
several
Meetings
with
Mr.
Porter
,
and
Mr.
Charnock
,
and
Sir
William
Parkins
,
and
several
others
that
were
Conspirators
in
that
Design
,
and
was
acquainted
with
it
,
as
you
will
hear
by
the
Evidence
.
Gentlemen
,
you
will
hear
further
,
that
about
January
last
,
the
Invasion
being
intended
to
be
quickly
made
,
the
Prisoner
at
the
Bar
,
Sir
John
Friend
,
had
frequent
Meetings
with
Blaire
,
that
was
his
Lieutenant-Colonel
,
and
other
Officers
,
to
consider
and
prepare
how
to
be
in
a
Readiness
.
About
that
time
the
Prisoner
at
the
Bar
,
Captain
Blaire
,
and
one
Captain
Ridley
,
met
at
a
Place
in
Exchange-Ally
,
and
there
they
discoursed
among
one
another
;
and
there
Ridley
said
there
was
a
considerable
Roman-Catholick
that
was
sent
to
King
James
,
and
he
wou'd
bring
the
last
Orders
;
and
Sir
John
Friend
said
he
knew
of
it
very
well
,
it
was
so
,
and
he
hoped
he
shou'd
have
them
brought
very
quickly
.
At
another
time
,
the
Prisoner
at
the
Bar
,
and
Blaire
his
Lieutenant-Colonel
,
met
at
Jonathan's
Coffee-House
,
and
the
Prisoner
took
him
up
in
his
Coach
,
and
carried
him
along
with
him
,
and
there
they
had
a
great
Discourse
of
the
Affairs
of
the
Regiment
.
The
Prisoner
at
the
Bar
,
Sir
John
Friend
,
told
Blaire
they
must
be
very
good
Husbands
of
their
Money
:
For
if
the
Invasion
shou'd
miscarry
,
he
shou'd
not
have
Money
enough
to
carry
on
his
Trade
,
but
he
wou'd
take
Care
about
some
Officers
that
had
not
Money
to
mount
themselves
;
but
a
great
many
were
to
prepare
for
themselves
at
their
own
Charges
,
and
for
those
that
were
to
be
under
them
.
They
had
likewise
then
some
Discourse
about
the
Thoulon
Fleet
coming
about
,
and
that
he
thought
it
not
adviseable
to
stir
till
the
Thoulon
Fleet
came
round
.
He
said
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
Readiness
,
and
advised
Captain
Blair
to
do
so
too
.
Gentlemen
,
you
will
find
it
further
proved
,
that
about
May
last
,
the
Prisoner
at
the
Bar
paid
20
l.
to
this
Captain
Blaire
,
who
had
laid
out
Moneys
in
the
Affairs
of
the
Regiment
,
and
this
was
to
reimburse
him
what
he
had
so
laid
out
;
and
it
was
in
this
manner
.
You
have
all
heard
,
I
suppose
,
of
one
Colonel
Parker
,
who
being
taken
upon
his
coming
over
from
France
,
was
a
Prisoner
in
the
Tower
,
but
made
his
Escape
from
thence
,
to
which
Escape
the
Prisoner
at
the
Bar
was
privy
.
This
Escape
cost
300
l.
as
you
will
hear
,
and
the
Prisoner
laid
down
100
l.
of
it
.
But
this
was
to
be
repay'd
him
again
:
but
how
was
it
?
there
was
one
Johnson
a
Priest
,
a
Conspirator
likewise
in
this
Design
of
Assassinating
the
King
,
and
he
undertook
and
promised
,
that
the
late
King
should
pay
this
100
l.
And
accordingly
one
Piggott
went
over
into
France
,
and
had
this
100
l.
paid
him
by
King
James
,
to
repay
it
to
Sir
John
Friend
:
But
he
thought
fit
to
keep
the
Money
,
and
Sir
John
Friend
cou'd
not
get
it
of
him
,
and
he
durst
not
ask
it
,
because
he
knew
the
Consideration
was
not
fit
to
be
made
publick
.
But
he
told
Captain
Blair
I
cannot
pay
you
this
Money
out
of
my
own
Pocket
;
but
Piggott
ought
to
pay
me
,
who
has
received
this
Money
of
mine
.
If
you
will
prevail
with
Johnson
,
who
got
this
Money
from
the
late
King
to
be
paid
to
Piggott
,
to
persuade
Piggott
to
pay
20
l.
I
will
allow
it
in
part
of
the
Money
he
is
to
pay
me
,
and
you
shall
have
it
.
Captain
Blair
did
prevail
with
Johnson
to
persuade
Piggott
to
pay
this
20
l.
and
Captain
Blair
did
receive
it
,
and
Sir
John
Friend
did
agree
to
allow
it
to
Piggott
out
of
the
100
l.
due
to
him
.
Gentlemen
,
at
another
time
,
about
Christmass
last
,
there
was
another
20
l.
paid
by
Sir
John
Friend's
Order
and
Direction
,
by
Piggott
to
Blair
upon
the
same
Account
,
by
the
Mediation
of
Johnson
the
Priest
;
and
this
was
paid
and
allow'd
as
being
laid
out
in
the
Affairs
of
the
Regiment
before
,
he
being
intrusted
as
Lieutenant-Colonel
,
to
look
after
the
Regiment
.
Gentlemen
,
I
have
now
opened
the
Substance
of
the
Evidence
;
the
particulars
you
will
hear
from
the
Witnesses
themselves
.
If
I
have
opened
it
amiss
,
you
will
take
care
,
when
the
Witnesses
are
produced
,
to
observe
what
they
say
,
who
will
tell
you
what
really
was
done
,
and
will
rectifie
any
Mistake
of
mine
:
For
I
wou'd
have
no
such
Mistake
do
the
Prisoner
at
the
Bar
any
Prejudice
.
Mr.
Solicitor
General
.
Gentlemen
,
Mr.
Attorney
has
open'd
the
Nature
and
Course
of
out
Evidence
so
fully
,
that
I
shall
make
no
Repetition
of
any
of
the
particulars
;
but
call
our
Witnesses
and
prove
it
in
Order
as
it
has
been
opened
.
And
first
,
we
call
Captain
George
Porter
(
who
came
in
.
)
Friend
.
My
Lord
,
before
Mr.
Porter
is
sworn
,
I
desire
to
know
whether
he
is
a
Roman
Catholick
,
or
a
Protestant
?
L.
C.
J.
Holt.
Why
do
you
desire
that
?
Is
not
a
Roman
Catholick
a
Witness
?
Though
he
be
a
Roman
Catholick
,
that
's
no
Objection
to
his
being
a
Witness
.
Friend
.
My
Lord
,
I
desire
to
ask
him
the
Question
,
Whether
he
be
a
Roman
Catholick
or
no
?
L
C.
J.
Holt.
Sir
John
Friend
,
it
is
not
a
proper
Question
.
Friend
.
My
Lord
,
a
Man
ought
to
know
what
Profession
they
are
of
,
that
are
Witnesses
against
him
for
his
Life
.
L.
C.
J.
Holt.
Will
you
ask
him
whether
he
be
a
Christian
or
no
?
Friend
.
My
Lord
,
I
desire
to
know
whether
he
be
a
Papist
or
a
Protestant
.
Mr.
Attorney
General
.
If
Mr.
Porter
be
willing
to
tell
you
,
he
may
;
but
it
is
not
a
proper
Question
.
L.
C.
J.
Holt.
Especially
before
he
is
sworn
;
he
is
not
entitled
to
ask
any
Questions
whatsoever
,
till
he
be
sworn
.
Friend
.
My
Lord
,
I
beseech
you
let
me
have
the
Question
answered
.
Mr.
Solicitor
General
.
Sure
you
don't
consider
,
that
the
Answer
to
that
Question
is
to
accuse
himself
;
you
don't
consider
the
Consequences
of
it
.
Friend
.
Pray
,
my
Lord
,
let
me
have
my
Right
.
L.
C.
J.
Holt.
The
Question
is
,
Whether
it
is
your
Right
or
no.
Friend
.
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
must
make
the
best
Defence
I
can
.
L.
C.
J.
Holt.
Indeed
your
Question
is
improper
in
it self
;
but
if
he
have
a
Mind
to
tell
you
,
and
answer
voluntarily
,
he
may
.
Friend
.
I
humbly
beg
of
your
Lordship
that
he
may
answer
the
Question
.
L.
C.
J.
Holt.
I
cannot
see
you
have
a
Right
to
have
this
Question
answer'd
you
.
Friend
.
Mr.
Porter
,
You
are
a
Gentleman
,
and
I
desire
you
will
answer
,
Whether
you
be
a
Roman
Catholick
or
not
?
Mr.
Solicitor
General
.
Before
he
does
answer
,
I
desire
he
may
be
acquainted
with
the
Danger
;
He
was
born
a
Protestant
,
no
doubt
,
and
then
turning
Roman
Catholick
,
he
subjects
himself
to
a
very
severe
Penalty
.
L.
C.
J.
Holt.
Sir
John
Friend
,
I
told
you
your
Question
was
not
proper
to
be
ask'd
.
Friend
.
Pray
,
my
Lord
,
let
him
answer
the
Question
,
it
will
be
of
great
use
to
me
in
my
Tryal
;
pray
let
me
have
my
right
.
L.
C.
J.
Holt.
You
shall
have
all
the
Right
done
you
that
can
be
;
but
,
in
the
first
place
,
if
a
Man
be
a
Roman
Catholick
,
notwithstanding
his
Religion
,
he
is
a
good
Witness
:
And
besides
that
,
it
may
be
his
answering
the
Question
may
subject
him
to
several
Penalties
;
at
least
he
is
liable
to
Prosecution
upon
several
Acts
of
Parliament
,
that
are
very
penal
;
and
therefore
it
is
by
no
means
to
be
ask'd
.
Friend
.
My
Lord
,
I
pray
only
that
he
may
answer
the
Question
.
L.
C.
J.
Holt.
No
Man
is
bound
to
answer
any
Question
that
tends
to
make
him
accuse
himself
,
or
subject
him
to
any
Penalties
.
Friend
.
My
Lord
,
I
do
with
submission
desire
it
,
and
it
is
no
great
matter
for
him
to
say
whether
he
be
Papist
or
Protestant
.
L.
C.
J.
Holt.
If
it
be
no
great
Matter
,
then
why
do
you
insist
upon
it
?
But
perhaps
it
may
be
a
great
Matter
in
the
Consequence
of
it
to
him
;
a
Man
therefore
is
not
obliged
to
answer
any
such
Questions
.
Friend
.
I
beseech
your
Lordship
,
let
him
answer
the
Question
.
L.
C.
J.
Holt.
You
have
my
Opinion
;
If
you
will
you
shall
have
the
Opinions
of
the
rest
of
the
Judges
;
my
Opinion
is
that
the
Question
ought
not
to
be
answer'd
.
L.
C.
J.
Treby
.
Since
your
Lordship's
Pleasure
is
that
we
should
deliver
our
Opinions
upon
this
Point
,
I
must
declare
,
I
am
of
the
same
Opinion
,
that
no
Man
is
bound
to
answer
any
Questions
that
will
subject
him
to
a
Penalty
,
or
to
Infamy
.
If
you
should
ask
him
whether
he
were
a
Deer-Stealer
,
or
whether
he
were
a
Vagabond
,
or
any
other
thing
that
will
subject
him
to
Punishment
,
either
by
Statute
or
by
Common-Law
;
as
whether
he
be
guilty
of
a
Petty-Larcenary
,
or
the
like
,
the
Law
does
not
oblige
him
to
answer
any
such
Questions
.
Friend
.
Well
,
I
hope
the
Jury
will
consider
it
,
that
he
will
not
answer
the
Question
;
and
therefore
they
are
to
take
it
for
granted
that
he
is
so
.
L.
C.
J.
Treby
.
And
now
to
this
present
Purpose
,
to
ask
a
Man
whether
he
be
a
Popish
Recusant
,
is
to
subject
him
to
Danger
;
for
when
you
ask
him
that
Question
,
if
he
were
not
bred
up
in
that
Religion
,
then
for
him
to
own
himself
of
that
Religion
now
,
is
to
own
as
great
a
Crime
as
that
you
are
charg'd
with
.
If
it
were
not
so
,
but
he
was
always
bred
in
that
Religion
,
yet
there
are
very
great
Penalties
that
he
is
subject
to
,
as
the
Confiscation
of
two
third
parts
of
his
Estate
,
and
several
other
things
that
he
may
be
liable
to
,
if
he
should
disclose
that
upon
his
Answer
to
the
Question
,
which
without
this
Discovery
cou'd
not
be
prov'd
perhaps
.
We
must
keep
the
Law
steady
and
even
between
the
Prisoner
and
the
Witness
.
Mr.
Justice
Nevil
.
I
am
of
the
same
Opinion
,
it
does
subject
him
to
a
Penalty
;
and
unless
he
will
voluntarily
answer
it
of
himself
,
I
think
it
cannot
be
demanded
of
him
;
for
he
may
subject
himself
to
a
Prosecution
by
it
.
Mr.
J.
Rokeby
.
I
think
,
it
is
not
a
Question
that
can
of
right
be
imposed
upon
him
;
he
may
answer
it
if
he
will
;
but
he
is
under
no
Obligation
to
answer
it
,
because
it
may
tend
to
accuse
himself
of
a
Crime
,
for
which
he
may
be
prosecuted
,
and
likewise
will
subject
him
to
other
Penalties
,
which
the
Law
cannot
compel
him
to
subject
himself
to
.
Then
Captain
Porter
was
sworn
.
Freind
.
I
hope
,
Gentlemen
of
the
Jury
,
you
'l
consider
this
.
Mr.
Sol.
Gen.
Mr.
Porter
,
do
you
know
Sir
John
Freind
,
the
Prisoner
at
the
Bar
?
Capt.
Porter
.
Yes
,
Sir
.
Mr.
Sol.
Gen.
Pray
then
will
you
give
my
Lords
and
the
Jury
an
Account
what
Meetings
you
have
had
with
him
,
where
those
Meetings
were
,
and
when
,
and
what
past
between
you
,
about
inviting
the
French
over
hither
,
or
for
a
Rising
here
.
Capt.
Porter
.
My
Lord
,
about
the
latter
end
of
May
last
,
or
the
beginning
of
June
,
we
had
two
Meetings
,
one
was
at
the
King's-Head
in
Leadenhall-street
,
the
other
at
Mrs.
Mountjoy's
in
St.
James's-street
.
At
the
first
Meeting
there
were
present
,
my
Lord
of
Aylesbury
,
my
Lord
Montgomery
,
Sir
John
Freind
,
Sir
William
Parkins
,
Sir
John
Fenwick
,
Mr.
Cook
,
Capt.
Chernock
,
and
my self
;
after
Dinner
Mr.
Goodman
came
in
:
Now
at
both
those
Meetings
it
was
consulted
of
,
and
agreed
,
to
send
Capt.
Chernock
into
France
to
King
James
,
to
desire
him
to
borrow
of
the
French
King
10000
Men
to
come
over
hither
,
8000
Foot
,
1000
Horse
,
and
1000
Dragoons
.
Captain
Chernock
said
,
He
did
not
care
to
go
upon
a
foolish
Message
,
and
therefore
desired
to
know
what
they
wou'd
have
him
to
acquaint
King
James
with
,
and
assure
him
of
.
They
all
agreed
to
meet
the
King
,
whenever
they
had
Notice
of
his
Landing
,
with
a
Body
of
2000
Horse
;
of
which
every
one
in
particular
was
to
bring
their
Quota
,
wherever
he
wou'd
appoint
.
Mr.
Attorn.
Gen.
When
was
the
second
Meeting
?
Capt.
Porter
.
That
was
at
Mrs.
Mountjoy's
.
Mr.
Attorn.
Gen.
But
I
ask
you
when
it
was
?
how
long
after
the
first
?
Capt.
Porter
.
I
believe
it
was
about
a
Fortnight
after
,
or
so
.
Mr.
Attorn.
Gen.
What
was
that
Meeting
for
?
Capt.
Porter
.
The
second
Meeting
was
to
confirm
the
first
.
Capt.
Chernock
informed
me
,
that
he
was
to
go
within
Three
or
Four
Days
,
and
therefore
desired
to
have
a
Meeting
before
he
went
.
Mr.
Attorn.
Gen.
What
Discourse
was
there
at
that
second
Meeting
?
what
Occasion
was
there
for
it
?
Capt.
Porter
.
Capt.
Chernock
desired
the
Meeting
once
more
before
he
went
,
to
see
whether
we
all
kept
our
Resolution
.
Mr.
Sol.
Gen.
Pray
what
do
you
know
of
Sir
John
Freind's
agreeing
to
raise
a
Regiment
of
Horse
?
Capt.
Porter
.
I
know
nothing
of
that
matter
,
but
what
I
have
heard
several
People
talk
;
but
I
have
heard
him
say
,
he
would
be
as
ready
as
any
Man
,
whenever
the
King
came
:
And
I
have
heard
from
Captain
Chernock
,
and
from
Sir
William
Parkins
,
that
he
had
a
Commission
to
be
a
Collonel
of
Horse
.
Mr.
Attorn.
Gen.
Pray
Sir
,
upon
that
second
Meeting
,
who
were
present
.
Capt.
Porter
.
I
told
you
,
Sir
,
the
Prisoner
at
the
Bar
was
present
at
both
Meetings
.
Mr.
Sol.
Gen.
Who
else
were
there
?
Capt.
Porter
.
My
Lord
of
Aylesbury
,
Sir
William
Parkins
,
Capt.
Chernock
,
and
I
cannot
tell
whether
my
Lord
Montgomery
,
and
Mr.
Goodman
were
there
;
Mr.
Cook
and
my self
were
there
,
but
the
Prisoner
at
the
Bar
I
am
sure
was
there
.
Mr.
Sol.
Gen.
Pray
,
Capt.
Porter
,
will
you
remember
and
recollect
your self
,
who
were
at
the
first
Meeting
?
Capt.
Porter
.
I
have
named
them
already
,
Sir
.
Mr.
Sol.
Gen.
Name
them
again
then
.
Capt.
Porter
.
My
Lord
of
Aylesbury
,
my
Lord
Montgomery
,
Sir
John
Freind
,
Sir
William
Parkins
,
Sir
John
Fenwick
,
Captain
Chernock
,
Mr.
Cook
,
and
my self
:
we
dined
there
,
and
after
Dinner
Mr.
Goodman
came
in
.
Mr.
Attorn.
Gen.
Pray
;
Sir
,
when
did
you
see
Mr.
Chernock
after
this
,
and
what
Discourse
had
you
with
him
about
his
Journey
and
the
Success
of
it
?
Capt.
Porter
.
I
never
saw
him
till
three
or
four
Days
after
our
Riot
Business
in
Drury-Lane
,
upon
the
Account
of
which
I
had
been
a
Prisoner
in
Newgate
.
Mr.
Attorn.
Gen.
Well
,
and
what
did
he
say
to
you
?
Capt.
Porter
.
He
told
me
,
that
he
had
been
in
France
,
but
that
King
James
told
him
,
the
French
King
could
not
spare
so
many
Men
that
Year
;
and
withall
,
that
he
had
been
with
Sir
John
Freind
,
and
the
several
other
Persons
with
Messages
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
Answer
.
Mr.
Attorn.
Gen.
Pray
now
tell
us
,
what
other
Meetings
you
have
had
about
this
Matter
this
Winter
?
Capt.
Porter
.
I
was
once
with
Sir
George
Barclay
and
Sir
John
Freind
at
the
Nag's
Head
in
St.
James's-street
;
I
cannot
tell
what
Discourse
they
had
,
they
whispered
among
themselves
.
Mr.
Attorn.
Gen.
Who
else
was
there
?
Capt.
Porter
.
There
was
Sir
George
Barklay
,
Sir
William
Parkins
,
my self
,
Mr.
Ferguson
,
and
one
Humes
.
L.
C.
J.
Holt.
Where
was
that
do
you
say
?
Capt.
Porter
.
At
the
Nag's
Head
in
St.
James's-street
.
Mr.
Attorn.
Gen.
Was
there
any
body
else
there
that
you
can
remember
?
Capt.
Porter
.
Captain
Chernock
came
in
after
Dinner
,
but
I
cannot
say
he
dined
there
.
Mr.
Attorn.
Gen.
And
who
else
do
you
remember
?
Capt.
Porter
.
There
came
in
one
Harrison
after
Dinner
,
he
is
a
reputed
Romish
Priest
,
and
goes
by
the
Name
of
Johnson
.
Mr.
Mountague
.
Pray
,
Capt.
Porter
,
what
was
that
Meeting
for
?
Capt.
Porter
.
They
had
several
Whisperings
among
themselves
,
but
what
they
discoursed
of
I
cannot
tell
.
Mr.
Mountague
.
Pray
,
did
Sir
John
Friend
say
any
thing
that
you
heard
at
that
Meeting
?
Capt.
Porter
.
Sir
George
Barclay
did
say
,
That
some
People
that
were
not
so
violent
had
written
over
into
France
to
stop
this
business
;
upon
which
said
I
,
I
hope
you
will
have
no
Letter
to
night
.
Upon
which
Sir
John
Freind
said
,
is
there
any
thing
that
is
hid
behind
the
Curtain
?
If
there
be
,
I
am
not
fairly
dealt
withal
;
I
will
proceed
no
further
.
Mr.
Attorn.
Gen.
If
Sir
John
Freind
has
a
mind
to
ask
him
any
Questions
,
he
may
.
L.
C.
J.
Holt.
Pray
,
Captain
Porter
let
me
ask
you
this
Question
,
Did
all
that
were
present
at
the
first
Meeting
,
at
the
King's
Head
in
Leadenhall-street
,
agree
to
send
Mr.
Chernock
into
France
to
the
late
King
?
Capt.
Porter
.
Yes
,
my
Lord
.
L.
C.
J.
Holt.
All
of
them
?
Capt.
Porter
.
Yes
;
we
desired
Captain
Chernock
to
answer
to
the
King
for
us
,
that
we
would
meet
him
at
the
Head
of
2000
Horse
.
L.
C.
J.
Holt.
Did
Sir
John
Friend
agree
to
it
?
Capt.
Porter
.
Yes
;
I
do
positively
affirm
he
did
.
L.
C.
J.
Holt.
Then
at
the
second
Meeting
,
which
,
you
say
,
was
at
Mrs.
Mountjoys
,
what
was
said
then
?
Capt.
Porter
.
We
did
agree
all
,
that
Captain
Chernock
should
go
on
with
the
Message
that
was
resolved
upon
at
the
first
Meeting
;
and
we
would
go
on
with
the
Business
,
and
he
said
he
would
go
away
in
two
or
three
Days
.
Mr.
Attorn.
Gen.
Will
Sir
John
Freind
ask
him
any
Questions
?
Freind
.
I
will
only
ask
him
if
they
have
done
,
whether
he
has
any
thing
more
to
to
say
.
Capt.
Porter
.
No
,
Sir
.
L.
C.
J.
Holt.
The
King's
Council
have
done
with
him
.
Freind
.
Then
,
my
Lord
,
I
will
hear
all
they
can
say
,
and
when
I
have
heard
the
whole
Evidence
,
I
shall
know
how
to
answer
to
it
.
L.
C.
J.
Holt.
Before
you
go
,
Captain
Porter
,
I
would
ask
you
,
what
Answer
Mr.
Chernock
brought
back
from
France
?
Capt.
Porter
.
I
say
,
I
did
not
meet
with
Capt.
Chernock
,
till
after
I
was
out
of
Newgate
for
the
Riot
business
,
and
then
he
told
me
,
he
had
been
there
,
and
he
had
acquainted
the
several
Gentlemen
with
the
Messages
he
had
brought
from
King
James
,
who
thank't
them
for
their
kindness
,
but
the
French
King
could
not
spare
so
many
men
that
year
.
Mr.
Sol.
Gen.
Then
the
next
that
we
call
is
Brice
Blair
,
(
who
was
sworn
.
)
Pray
Sir
,
do
you
know
the
Prisoner
at
the
Bar
,
Sir
John
Freind
?
Capt.
Blair
.
Yes
,
my
Lord
;
and
I
am
very
sorry
to
come
on
such
an
account
as
I
do
now
against
him
.
I
am
sorry
for
it
with
all
my
heart
—
Mr.
Attorn.
Gen.
Well
,
Sir
,
pray
will
you
give
an
account
,
what
you
know
of
Sir
John
Freind's
having
a
Commission
from
the
late
King
to
be
a
Colonel
of
Horse
,
and
when
it
was
,
and
how
;
pray
tell
my
Lord
,
and
the
Jury
the
whole
Matter
.
Capt.
Blair
.
All
that
I
can
say
to
this
business
is
written
in
my
Paper
,
and
I
refer
to
my
Paper
.
Mr.
Attorn.
Gen.
You
must
not
refer
to
your
Paper
,
Sir
,
you
must
tell
all
what
you
know
.
L.
C.
J.
Holt.
He
may
look
upon
any
Paper
to
refresh
his
memory
.
Capt.
Blair
.
I
did
see
the
Commission
,
Sir
,
and
I
read
it
.
Mr.
Attorn.
Gen.
What
Commission
was
it
,
Sir
?
Capt.
Blair
.
It
was
a
Commission
from
King
James
,
to
Sir
John
Freind
.
Mr.
Attorn.
Gen.
Where
did
you
see
it
,
Sir
?
Capt.
Blair
.
I
saw
it
in
his
Lodgings
at
the
Strand
,
when
he
lived
near
the
Strand
in
Surrey-street
.
Mr.
Attorn.
Gen.
Who
shew'd
it
you
?
Capt.
Blair
.
He
shew'd
it
me
himself
.
Mr.
Attorn.
Gen.
What
was
it
for
?
Capt.
Blair
.
It
was
for
raising
a
Regiment
of
Horse
.
Mr.
Attorn.
Gen.
When
was
it
that
you
did
see
it
?
how
long
ago
was
it
?
Capt.
Blair
.
It
is
well
near
two
years
ago
,
or
thereabouts
,
as
I
remember
.
Mr.
Attorn.
Gen.
Who
was
to
have
been
Colonel
of
that
Regiment
?
Capt.
Blair
.
He
was
nominated
to
be
Colonel
of
it
himself
in
the
Commission
.
L.
C.
J.
Holt.
Who
was
the
Commission
directed
to
?
Capt.
Blair
.
It
was
directed
to
him
,
to
Sir
John
Freind
.
L.
C.
J.
Holt.
Well
,
and
what
was
done
upon
it
?
who
were
to
be
the
Officers
?
Capt.
Blair
.
He
promised
me
to
be
his
Lieutenant
Colonel
;
and
I
had
the
same
from
Mr.
Harrison
,
and
there
were
several
Letters
that
I
saw
,
that
came
from
my
Lord
Melford
and
Secretary
Caroll
,
who
were
with
King
James
.
Mr.
Attorn.
Gen.
What
other
Officers
were
there
appointed
?
Capt.
Blair
.
There
was
one
Richardson
was
to
be
one
of
his
Captains
,
and
there
was
one
Mr.
Fisher
was
to
be
another
,
and
one
Hall
another
;
Fisher
was
to
be
his
eldest
Captain
;
and
one
Capt.
Evans
was
to
be
his
Captain
Lieutenant
,
and
one
Capt.
Vernatti
was
to
be
another
.
Mr.
Attorn.
Gen.
Do
you
remember
who
was
to
be
his
Major
?
Capt.
Blair
.
No
,
Sir
,
I
think
I
cannot
be
positive
as
to
that
.
I
spoke
to
Capt.
Barnesley
,
that
had
been
a
Lieutenant
in
King
James's
Service
,
to
be
a
Lieutenant
,
and
sometimes
he
accepted
,
and
sometimes
he
refused
it
.
Mr.
Attorn.
Gen.
Pray
,
What
did
you
do
as
Lieutenant
Colonel
upon
this
matter
?
Capt.
Blair
.
I
endeavoured
all
I
could
to
get
Officers
for
them
;
and
to
raise
Troops
.
I
endeavoured
to
get
what
men
I
could
my self
.
Mr.
Sol.
Gen.
Pray
what
did
you
do
?
what
Officers
did
you
procure
for
him
?
Capt.
Blair
.
I
told
you
Vernatti
,
and
Fisher
,
and
one
Mr.
Hall
that
lives
at
Deal
.
Mr.
Att.
Gen.
What
Troopers
did
you
get
under
you
?
Did
you
engage
any
to
serve
under
you
?
Capt.
Blair
.
What
?
I
my self
,
Sir
,
Do
you
mean
?
Mr.
Attorn.
Gen.
Yes
,
I
do
.
Capt.
Blair
.
Yes
,
Sir
,
I
did
.
Mr.
Att.
Gen.
Can
you
name
any
of
them
?
Capt.
Blair
.
Yes
,
if
I
make
use
of
my
Paper
.
Mr.
Sol.
Gen.
You
may
make
use
of
your
Paper
to
refresh
your
memory
.
Capt.
Blair
.
There
is
a
Paper
of
Names
that
I
gave
in
before
the
Council
.
L.
C.
J.
Holt.
Mr.
Baker
,
have
you
his
Paper
there
?
let
him
see
it
to
refresh
his
memory
.
Mr.
Baker
.
I
have
none
of
the
Papers
,
my
Lord
,
they
are
all
sent
before
the
Council
.
Mr.
Attorn.
Gen.
Pray
,
Sir
,
can
you
tell
who
was
to
have
been
your
Lieutenant
in
your
Troop
.
Capt.
Blair
.
One
Mr.
Bertram
.
Mr.
Mountague
.
You
say
,
Sir
,
you
were
constituted
Lieutenant
Colonel
;
pray
,
who
constituted
you
,
and
made
you
so
?
Capt.
Blair
.
I
had
only
a
promise
of
it
from
Sir
John
Freind
.
Mr.
Attorn.
Gen.
Pray
did
you
lay
out
any
Moneys
for
Sir
John
Freind
?
or
did
he
ever
pay
you
any
Money
afterwards
?
Capt.
Blair
.
Yes
,
I
have
had
several
small
Sums
of
Money
from
Sir
John
Freind
?
Mr.
Attorn.
Gen.
Pray
what
was
it
for
?
Capt.
Blair
.
It
was
to
Drink
with
the
men
that
belonged
to
the
Regiment
,
and
Encourage
them
.
Mr.
Attorn.
Gen.
Pray
did
Mr.
Piggott
pay
you
any
Sums
of
Money
;
and
by
whose
order
?
Capt.
Blair
.
Yes
,
he
paid
me
first
20
l.
and
afterwards
he
paid
me
another
20
l.
Mr.
Attorn.
Gen.
By
whose
Order
was
that
,
Sir
?
Capt.
Blair
.
It
was
by
the
Order
of
Sir
John
Freind
.
Mr.
Attorn.
Gen.
Pray
,
Sir
,
how
do
you
know
that
Sir
John
Freind
ordered
him
to
pay
it
you
?
Capt.
Blair
.
Because
it
was
the
Money
that
Piggott
had
received
to
repay
Sir
John
Freind
,
what
he
had
advanced
for
the
furthering
of
Parker's
Escape
out
of
the
Tower
.
Mr.
Attorn.
Gen.
How
do
you
know
that
he
advanced
any
Money
for
procuring
Parker's
Escape
?
Capt.
Blair
.
He
told
me
so
himself
.
Mr.
Attorn.
Gen.
How
much
did
Sir
John
Freind
say
he
had
advanced
for
that
purpose
?
Capt.
Blair
.
He
told
me
100
l.
Mr.
Attorn.
Gen.
How
did
he
tell
you
he
was
to
be
paid
it
again
?
Capt.
Blair
.
He
told
me
that
King
James
ordered
the
payment
of
it
at
France
,
when
Piggott
went
over
,
which
was
immediately
afterwards
;
and
I
had
of
that
,
first
20
l.
and
afterwards
20
l.
by
the
order
of
Sir
John
Freind
.
Mr.
Sol.
Gen.
Pray
,
Sir
,
did
Sir
John
Freind
tell
you
what
Piggott
had
received
in
France
?
Capt.
Blair
.
Yes
,
he
said
Piggott
had
received
100
l.
in
France
;
and
he
did
not
pay
it
him
,
but
if
I
could
get
20
l.
of
him
,
he
would
allow
it
.
Mr.
Attorn.
Gen.
Pray
about
what
time
was
it
that
the
first
20
l.
was
received
?
Capt.
Blair
.
I
have
set
it
down
in
my
Paper
;
there
it
is
.
Mr.
Attorn:
Gen.
But
can't
you
tell
about
what
time
it
was
.
Capt.
Blair
.
It
was
about
last
May
,
or
June
,
the
first
20
l.
was
paid
.
Mr.
Attorn.
Gen.
When
was
the
last
20
l.
paid
?
Capt.
Blair
.
It
was
after
I
was
sick
about
Michaelmas
.
Mr.
Cowper
.
Pray
,
Sir
,
who
was
by
when
the
last
20
l.
was
paid
.
Capt.
Blair
.
Mr.
Piggott
paid
me
the
last
5
l.
of
it
,
(
for
I
received
it
at
several
Payments
from
Mr.
Piggott
)
but
the
last
5
l.
was
before
Sir
John
Freind
at
Jonathan's
Coffee-House
.
Mr.
Sol.
Gen.
Pray
do
you
know
any
thing
of
Sir
John
Freind's
receiving
any
Letter
from
King
James
.
Capt.
Blair
.
Yes
,
he
told
me
he
had
a
Letter
from
King
James
?
Mr.
Sol.
Gen.
How
long
ago
was
that
?
Capt.
Blair
.
Truly
,
I
can't
tell
.
Mr.
Sol.
Gen.
I
don't
ask
you
the
precise
Day
,
but
was
it
within
a
Twelve-month
?
Capt.
Blair
.
Yes
,
I
believe
it
might
be
thereabouts
.
Freind
.
My
Lord
,
I
desire
he
may
speak
out
,
for
I
don't
hear
half
he
says
.
L.
C.
J.
Holt.
Repeat
it
to
him
again
.
Capt.
Blair
.
Sir
,
you
told
me
you
had
received
a
Letter
from
King
James
.
Sir
John
Friend
.
My
Lord
,
I
shall
answer
to
this
all
afterwards
.
Mr.
Sol.
Gen.
Pray
,
had
you
at
any
time
any
Discourse
with
Sir
John
Friend
about
one
Slater
?
Capt.
Blair
.
Yes
,
I
had
.
Mr.
Sol.
Gen.
Pray
tell
what
that
was
.
Capt.
B.
He
told
me
he
was
to
bring
him
in
several
Officers
;
and
that
he
had
intended
to
make
two
Lieutenant-Colonels
,
whereof
Captain
Slater
was
to
be
one
;
but
when
he
saw
I
was
not
satisfy'd
with
that
,
he
said
he
should
Command
a
Troop
of
Non-swearing
Parsons
,
and
they
should
be
an
Independent
Troop
.
Mr.
Sol.
Gen.
You
say
that
Slater
was
to
Command
that
Troop
.
Capt.
B.
Yes
,
and
it
was
to
be
an
Independant
Troop
.
Mr.
Att.
Gen.
I
think
you
say
that
he
and
you
met
at
Jonathan's
Coffee-house
.
Capt.
B.
Yes
,
we
did
so
.
Mr.
Att.
Gen.
Pray
what
Discourse
had
you
there
?
Capt.
B.
I
called
him
aside
,
and
desired
to
speak
to
him
;
and
it
was
when
Mr.
Fisher
told
me
of
this
Plot
,
and
desired
me
to
speak
to
him
,
a
little
before
this
horrible
Conspiracy
broke
out
.
And
I
told
him
what
I
heard
from
Fisher
,
and
from
Harrison
the
Priest
about
it
;
and
he
told
me
that
he
had
heard
of
it
,
and
he
was
afraid
it
would
ruine
King
James
,
and
his
Affairs
.
Mr.
Att.
Gen.
What
was
it
that
you
told
him
you
had
heard
?
Capt.
B.
This
last
horrid
thing
,
the
Conspiracy
against
the
King's
Life
.
Mr.
Cooper
.
Was
it
before
it
broke
out
that
he
told
you
he
knew
of
it
?
Capt.
B.
Yes
,
It
was
shortly
before
it
broke
out
.
Mr.
Att.
Gen.
Pray
did
you
meet
with
him
again
,
and
did
he
carry
you
in
his
Coach
at
any
time
?
Capt.
B.
Yes
,
he
did
,
Sir
.
Mr.
Att.
Gen.
What
Discourse
had
you
then
,
when
you
was
with
him
in
the
Coach
?
Capt.
B.
He
took
me
in
his
Coach
to
St.
Martins
Legrand
,
and
,
says
he
,
I
will
do
nothing
till
the
Thoulon
Fleet
meet
with
the
Brest
Fleet
;
at
that
time
perhaps
we
shall
be
all
taken
up
;
but
,
says
he
,
you
may
sculk
about
the
Town
better
than
I
can
;
and
therefore
I
'll
keep
my self
private
;
and
we
must
be
as
good
Husbands
of
our
Money
as
we
can
;
for
Money
will
be
very
scarce
.
What
do
you
think
you
shall
need
,
says
he
?
Truly
,
Sir
,
says
I
,
I
can't
tell
;
that
must
be
according
as
I
am
mounted
.
For
I
found
I
had
a
few
Indigent
Officers
at
that
time
.
Mr.
Att.
Gen.
Pray
what
were
you
to
doe
?
Capt.
B.
We
were
to
sculk
up
and
down
;
and
when
he
asked
me
what
Money
I
should
need
,
I
told
him
I
could
not
tell
;
for
there
were
several
Indigent
Officers
,
most
of
which
begg'd
at
that
time
;
and
here
is
a
Letter
that
I
had
from
Sir
John
Friend
,
to
confirm
my
receiving
Money
from
him
.
Mr.
Att.
Gen.
Is
that
Sir
John
Friend's
own
hand
?
Capt.
B.
Yes
,
Sir
,
it
is
.
Mr.
Att
Gen.
Then
put
it
in
,
give
it
hither
.
(
It
was
delivered
in
to
the
Attorney-General
.
)
Mr.
Sol.
Gen.
Pray
what
have
you
heard
Sir
John
Friend
say
of
Sir
John
Fenwick's
being
concern'd
in
this
matter
?
Capt.
B.
I
heard
him
say
,
that
he
believed
,
that
he
should
command
the
Party
that
he
was
ingaged
in
,
and
that
Sir
John
Fenwick
had
Four
Troops
of
Horse
,
that
lay
near
Reading
to
be
imployed
.
Mr.
Sol.
Gen.
For
what
purpose
.
Capt.
B.
To
be
in
readiness
upon
the
Descent
.
Sir
John
Friend
.
Gentlemen
of
the
Jury
,
I
can't
hear
a
word
,
I
hope
you
hear
.
Mr.
Att.
Gen.
Pray
Sir
look
upon
that
Letter
;
you
say
you
had
that
Letter
from
Sir
John
Friend
,
pray
who
is
that
H
that
is
mentioned
in
it
?
Capt.
B.
It
means
Harrison
,
alias
Johnson
the
Priest
.
Mr.
Att.
Gen.
Pray
,
what
was
that
Letter
written
for
?
Capt.
B.
It
was
about
the
last
20
l.
that
I
was
to
receive
from
Piggot
.
Mr.
Att.
Gen.
Is
that
Sir
John
Friend's
hand
?
Capt.
B.
Yes
,
I
think
so
Mr.
Att.
Gen.
Have
you
seen
Sir
John
Friend
write
?
Capt.
B.
Yes
,
I
have
seen
him
write
,
and
I
think
it
is
the
same
hand
.
Mr.
Att.
Gen.
Then
we
desire
it
may
be
read
.
Then
a
Juryman
desired
,
he
might
be
ask'd
whether
he
did
see
Sir
John
Friend
write
that
Letter
.
L.
C.
J.
Holt.
What
say
you
,
did
you
see
him
write
that
Letter
?
Capt.
B.
No
,
my
Lord
;
it
came
to
my
Lodging
.
Mr.
Att.
Gen.
Did
ever
he
own
to
you
he
had
writ
you
such
a
Letter
?
Capt.
B.
Yes
,
he
did
?
Mr.
Att.
Gen.
Pray
let
it
be
read
;
read
it
all
,
for
it
is
but
short
.
Cl.
of
Arr.
(
Reads
)
For
Capt.
Blaire
,
These
.
Tuesday
Morning
.
SIR
,
YOU
may
much
wonder
you
have
not
receiv'd
an
Answer
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
somewhat
better
,
and
do
hope
to
be
in
London
a
Thursday
next
,
about
the
hour
of
Twelve
,
at
Jonathan's
Coffee-house
,
if
the
Weather
do
not
prevent
me
;
if
it
do
,
I
shall
not
come
before
Monday
following
:
I
do
desire
you
for
to
meet
me
about
that
hour
,
for
it
s
not
convenient
for
to
write
a
Note
to
Mr.
H.
for
some
Reasons
I
shall
give
you
,
when
I
see
you
.
I
wish
you
good
Health
.
I
am
,
Sir
,
Your
Affectionate
Friend
,
and
Servant
,
John
.
Friend
.
Juryman
.
Pray
,
Sir
,
what
Date
is
it
of
?
Cl.
of
Arr.
It
has
no
Date
,
but
Tuesday
Morning
.
Mr.
Att.
Gen.
Did
Sir
John
Friend
meet
you
on
the
Thursday
,
according
to
this
Letter
?
Juryman
.
My
Lord
,
I
desire
he
may
be
ask'd
,
How
this
Letter
came
to
him
,
whether
by
the
Penny-post
,
or
how
?
Capt.
B.
I
don't
know
,
I
believe
it
was
by
a
Porter
:
It
came
first
to
me
when
I
was
in
Bed
,
and
my
Wife
brought
it
up
to
me
.
Mr.
Att.
Gen.
Pray
,
Sir
,
answer
my
Question
.
Did
Sir
John
Friend
afterwards
meet
you
at
Jonathan's
Coffee-House
,
according
to
this
Letter
?
Capt.
B.
Yes
,
Sir
,
he
did
.
Mr.
Att.
Gen.
And
did
you
there
speak
about
the
Business
that
's
contained
in
that
Letter
?
Capt.
B.
Yes
,
Sir
,
and
accordingly
I
had
the
Order
.
Mr.
Att.
Gen.
What
Order
?
Capt.
B.
An
Order
for
the
20
l.
Mr.
Soll.
Gen.
Capt.
Blaire
,
Do
you
remember
that
you
dined
with
Sir
John
Friend
,
near
the
Exchange
,
in
January
last
?
Capt.
B.
Yes
,
I
think
,
I
did
,
Sir
.
Mr.
Soll.
Gen.
What
Discourse
was
there
between
you
then
?
Who
was
with
you
besides
you
Two
?
Capt.
B.
I
must
refer
that
to
my
Paper
.
Mr.
Sol.
Gen.
Well
then
,
What
Discourse
was
between
you
and
Sir
John
Friend
there
?
Capt.
B.
It
is
down
in
my
Paper
.
Mr.
Soll.
Gen.
Do
you
know
one
Captain
Ridley
?
Capt.
B.
Yes
,
Sir
.
Mr.
Soll.
Gen.
Was
he
at
any
time
present
,
when
you
,
and
the
Prisoner
at
the
Bar
were
together
.
Sir
John
Friend
.
My
Lord
,
I
cannot
hear
a
Word
he
says
.
L.
C.
J.
Holt.
Here
is
a
great
Noise
indeed
,
and
he
it
seems
is
not
well
and
speaks
but
low
;
pray
order
Silence
in
the
Court.
(
Which
was
done
by
Proclamation
.
)
L.
C.
J.
Holt.
Look
ye
,
Sir
John
Friend
,
he
speaks
of
a
Letter
that
you
sent
to
him
,
that
bears
date
some
Tuesday
Morning
,
that
you
would
be
in
Town
,
and
meet
him
at
Jonathan's
Coffee-House
upon
Thursday
following
,
at
Twelve
a
Clock
;
and
that
Letter
was
read
,
and
he
says
he
met
you
accordingly
,
and
there
was
Order
taken
for
the
Payment
of
the
last
20
l.
This
is
that
he
says
,
Did
you
hear
it
?
Sir
John
Friend
.
No
,
my
Lord
,
I
did
not
.
L.
C.
J.
Holt.
That
is
what
he
said
.
Then
go
on
:
You
say
he
met
you
at
Jonathan's
Coffee-House
according
to
that
Letter
.
Capt.
B.
Yes
,
my
Lord
.
L.
C.
J.
Holt.
What
was
done
there
when
you
met
?
Capt.
B.
Nothing
but
the
Order
.
L.
C.
J.
Holt.
Who
did
he
give
the
Order
to
?
Capt.
B.
He
gave
the
Order
to
Harrison
.
L.
C.
J.
Holt.
Why
,
was
Harrison
there
?
Capt.
B.
Yes
,
he
came
there
before
I
came
away
.
L.
C.
J.
Holt.
But
you
say
he
gave
the
Order
to
Harrison
?
Capt.
B.
Yes
,
my
Lord
.
L.
C.
J.
Holt.
What
was
the
Order
for
?
Capt.
B.
It
was
to
pay
me
that
Money
.
L.
C.
J.
Holt.
What
Money
was
that
?
Capt.
B.
It
was
the
last
20
l.
Mr.
Att.
Gen.
Was
the
20
l.
paid
you
afterwards
.
Capt.
B.
Yes
,
Sir
.
Mr.
Att.
Gen.
Who
paid
it
?
Capt.
B.
Mr.
Piggot
,
he
paid
me
the
last
5
l.
of
it
before
Sir
John
Friend's
Face
.
L.
C.
J.
Holt.
Was
this
the
first
20
l.
or
the
last
,
do
you
say
?
Capt.
B.
It
was
the
last
.
L.
C.
J.
Holt.
What
was
this
Money
paid
for
?
Capt.
B.
I
believe
it
was
to
support
me
,
to
go
about
the
Business
of
the
Regiment
.
L.
C.
J.
Holt.
You
believe
,
that
's
not
enough
;
But
are
you
sure
it
was
so
?
Capt.
B.
Yes
,
I
am
sure
it
was
for
that
.
L.
C.
J.
Holt.
Had
you
ever
demanded
Money
of
him
before
?
Capt.
B.
Yes
,
I
had
.
L.
C.
J.
Holt.
For
what
was
that
Money
that
you
demanded
?
Capt.
B.
It
was
to
drink
with
the
Men
that
were
brought
in
;
to
cherish
,
and
keep
them
together
.
L.
C.
J.
Holt.
To
what
purpose
were
those
Men
kept
together
?
Capt.
B.
They
were
for
his
Regiment
.
Mr.
Soll.
Gen.
Pray
,
had
Sir
John
Friend
any
occasion
to
pay
you
any
Money
upon
any
other
Account
?
Capt.
B.
No
,
Sir
,
not
out
of
that
100
l.
Mr.
Cooper
.
You
do
not
understand
the
Question
;
Had
you
any
Dealings
with
Sir
John
Friend
,
but
about
this
Matter
concerning
the
Regiment
?
Capt.
B.
No
,
never
in
all
my
Life
.
Mr.
Att.
Gen.
Well
,
Sir
,
do
you
remember
your
Meeting
with
Sir
John
Friend
when
one
Ridley
was
there
.
Capt.
B.
Yes
,
it
was
at
the
Chop-House
.
Mr.
Att.
Gen.
Give
an
Account
what
past
there
.
Capt.
B.
Mr.
Ridley
said
,
A
Gentleman
was
lately
gone
over
to
France
,
about
Ten
Days
before
;
and
Mr.
Ridley
said
,
he
was
a
very
sensible
Gentleman
,
a
Roman
Catholick
,
an
ancient
Man
,
about
Threescore
Years
of
Age
;
what
he
was
,
I
can't
tell
:
He
said
,
he
believed
he
should
bring
the
last
Orders
.
Mr.
Att.
Gen.
What
did
Sir
John
Friend
say
?
Capt.
B.
Sir
John
Friend
said
,
He
knew
of
it
;
but
he
named
no
more
.
Mr.
Soll.
Gen.
What
was
the
Effect
of
those
Orders
,
as
you
understood
?
Capt.
B.
I
cannot
tell
that
,
Sir
,
indeed
.
Mr.
Soll.
Gen.
Did
you
know
Mr.
Chernock
?
Capt.
B.
Yes
,
Sir
,
I
did
.
Mr.
Sol.
Gen.
What
do
you
know
of
his
going
to
France
.
Capt.
B.
I
met
him
upon
the
Exchange
the
last
Summer
,
and
I
told
him
,
I
expected
not
to
have
seen
him
here
at
that
time
,
I
thought
he
had
been
abroad
;
he
told
me
he
was
come
from
France
;
but
who
sent
him
I
cannot
tell
,
I
doe
not
know
upon
my
life
.
Mr.
Sol.
Gen.
Pray
what
has
Sir
John
Friend
said
to
you
about
Ferguson
?
whether
was
not
he
to
have
been
an
Officer
in
his
Regiment
?
Capt.
B.
No
:
But
Sir
John
Friend
said
,
he
would
Joyn
,
and
Mr.
Ferguson
himself
has
told
me
so
.
Mr.
Att.
Gen.
When
did
he
tell
you
so
?
Capt.
B.
A
good
while
ago
.
Mr.
Att.
Gen.
How
long
ago
?
Capt.
B.
Two
Year
ago
and
above
.
Mr.
Sol.
Gen.
Did
Sir
John
Friend
tell
you
any
thing
about
Ferguson
,
that
he
would
bring
in
any
Men
?
Capt.
B.
Yes
,
he
said
he
would
bring
in
a
great
many
.
Mr.
Att.
Gen.
Will
the
Prisoner
ask
him
any
Questions
?
L.
C.
J.
Holt.
Sir
John
Friend
,
will
you
ask
this
Witness
any
Questions
?
Sir
John
Friend
.
Yes
,
my
Lord
,
I
shall
by
and
by
,
if
they
have
done
with
him
.
L.
C.
J.
Holt.
Yes
,
they
have
done
with
him
.
Then
he
paused
,
and
perused
his
Papers
.
Sir
John
Friend
.
First
,
as
to
the
Commission
you
charge
me
with
,
that
I
should
receive
a
Commission
from
King
James
;
I
desire
to
know
,
whether
it
was
signed
,
or
sealed
,
and
what
Date
it
was
?
Capt.
B.
I
cannot
tell
the
Date
indeed
,
Sir
John
;
for
I
never
thought
to
come
in
here
upon
such
an
Account
as
this
:
But
I
think
it
was
in
Paper
,
signed
above
James
Rex
,
and
below
,
By
his
Majesties
Command
,
Melford
;
and
a
little
Seal
upon
the
Margent
.
Sir
John
Friend
.
This
is
the
hardest
thing
in
the
World
upon
a
Man
,
here
you
have
charged
me
with
Money
to
Subsist
and
Incourage
Soldiers
.
Capt.
B.
Yes
Sir
.
Sir
John
Friend
.
I
would
only
say
this
,
you
were
Recommended
to
me
for
a
very
Honest
Man
,
and
you
have
come
to
me
several
times
,
and
told
me
,
Sir
,
My
necessities
are
very
great
,
I
am
ready
to
Starve
,
I
have
a
great
Charge
;
for
God's
sake
will
you
be
pleased
to
bestow
something
upon
me
,
to
relieve
my
Necessities
.
It
's
true
,
I
have
given
you
Money
several
times
,
but
I
never
gave
it
for
any
other
use
but
Charity
;
God
knows
my
heart
.
I
desire
you
,
to
consider
with
your self
and
Answer
it
.
There
is
a
God
above
where
you
must
give
an
Account
as
well
as
I
,
and
I
hope
you
will
consider
of
it
.
Pray
declare
the
truth
,
Whether
you
have
not
writ
those
lines
to
me
several
times
,
that
you
were
ready
to
Starve
,
and
beg'd
of
me
to
relieve
your
Necessities
?
Capt.
B.
I
have
so
,
Sir
,
I
acknowledge
it
?
Sir
John
Friend
.
Pray
take
me
right
,
and
was
not
that
Money
I
gave
You
,
only
upon
pure
Charity
?
Capt.
B.
Yes
,
you
did
give
me
Charity
,
but
I
had
expended
so
much
Money
in
your
Business
,
that
reduced
me
to
that
,
God
knows
my
heart
.
I
have
laid
out
many
a
Pound
upon
this
Affair
.
Sir
John
Friend
.
It
is
the
hardest
thing
in
the
World
,
this
is
a
Roman
Catholick
too
.
Capt.
B.
I
am
sure
it
cost
me
many
a
Pound
more
than
ever
I
had
of
you
.
Sir
John
Friend
.
You
say
you
Listed
a
great
many
Men
,
who
were
the
Men
?
What
are
their
Names
?
what
were
they
For
?
Capt.
B.
I
have
given
a
List
in
of
them
to
the
Council
.
Sir
John
Friend
.
Who
are
they
?
for
God
knows
I
know
nothing
of
them
.
L.
C.
J.
Holt.
If
you
have
a
List
there
,
let
it
be
produced
.
Capt.
B.
I
gave
it
in
to
the
Council
;
and
Sir
John
I
brought
in
several
Officers
to
you
.
Mr.
Att.
Gen.
Remember
,
and
name
as
many
as
you
can
.
Capt.
B.
I
have
named
the
Officers
already
.
Mr.
Att.
Gen.
Name
them
again
.
Capt.
B.
Did
not
I
bring
Capt.
Fisher
to
you
,
and
did
not
you
promise
to
make
him
your
Eldest
Captain
?
Sir
John
Friend
.
No
,
you
never
did
.
L.
C.
J.
H.
These
are
Questions
of
your
own
asking
,
so
you
must
hear
him
.
Capt.
B.
I
brought
Capt.
Fisher
to
you
,
and
accordingly
we
Dined
at
Capt.
Simons's
,
and
there
was
Capt.
Ridley
,
Mr.
Richardson
,
and
Mr.
Fisher
and
you
talk'd
together
,
and
you
listned
to
him
,
and
in
my
own
hearing
you
promised
he
should
be
eldest
Captain
,
upon
Condition
,
that
he
would
bring
in
a
Troop
;
and
this
is
true
,
so
help
me
God
.
Friend
.
Pray
where
are
your
Men
?
and
what
are
your
Men
that
you
Listed
?
Capt.
B.
I
never
spoke
of
Listing
,
I
only
spoke
of
Encouraging
.
Friend
.
Did
not
you
say
you
had
Listed
a
great
many
Men
for
to
be
of
my
Regiment
?
Capt.
B.
No
,
Sir
,
I
did
not
.
Mr.
Att.
Gen.
I
think
you
do
mistake
,
Sir
John
,
he
did
not
say
List
.
Capt.
B.
I
had
Money
from
you
upon
the
account
of
Encouraging
,
and
Treating
,
and
Drinking
with
a
great
many
of
the
Men
:
And
you
said
it
was
impossible
to
keep
them
together
,
but
that
I
must
have
Money
to
Treat
them
,
and
Drink
with
them
;
but
you
desired
me
to
be
as
good
a
Husband
as
I
could
.
Friend
.
I
never
said
so
,
these
are
very
hard
things
upon
me
.
Capt.
B.
Did
not
I
bring
Capt.
Cole
and
Capt.
Neale
to
you
,
and
his
Brother-in-Law
Mr.
Robinson
,
and
Mr.
Gellibrand
?
and
did
not
we
Dine
together
?
Friend
.
I
know
nothing
of
all
this
,
I
declare
to
you
.
L
,
C.
J.
H.
If
you
will
ask
him
any
more
Questions
,
doe
.
Capt.
B.
I
brought
those
three
Gentlemen
,
and
we
Dined
together
.
L.
C.
J.
H.
Where
did
you
Dine
then
?
Capt.
B.
At
Hackney
,
when
Sir
John
lived
there
,
at
his
own
House
.
Friend
.
When
was
it
?
Capt.
B.
It
is
above
a
year
ago
.
Pray
,
Sir
John
,
don't
think
to
dash
me
out
of
Countenance
,
tho'
I
am
very
ill
;
I
speak
nothing
but
the
truth
;
and
therefore
I
will
not
be
dasht
out
of
Countenance
.
You
know
what
I
say
to
be
true
;
you
then
drank
a
Glass
of
Wine
to
Capt.
Cole
:
And
did
not
you
promise
him
,
because
he
was
one
of
your
Mothers
Name
,
that
he
shou'd
have
a
Place
in
the
Excise
next
one
of
the
Commissioners
.
Says
I
,
Sir
John
,
what
will
you
give
me
?
O
,
says
he
,
you
shall
have
the
Regiment
,
Man
.
This
was
before
Robinson
,
his
Mother-in-Law
,
and
Mr.
Gellibrand
.
L.
J.
C.
H.
Who
was
to
have
the
Place
in
the
Excise
?
Capt.
B.
Captain
Cole
.
Friend
.
I
know
not
a
word
of
all
this
.
Mr.
J.
Rokeby
.
Capt.
Blair
,
be
not
dashed
,
but
speak
the
truth
,
and
you
need
fear
nothing
.
Capt.
B.
This
I
say
,
was
before
Mr.
Robinson
and
Mr.
Gellibrand
.
Friend
.
I
don't
know
Gellibrand
,
nor
none
of
them
.
L.
J.
C.
H
,
Was
that
Cole
to
be
any
thing
in
the
Regiment
?
Capt.
B.
Yes
,
he
was
to
have
been
a
Captain
,
and
to
bring
in
a
Troop
.
Mr.
Att.
Gen.
Sir
John
,
will
you
ask
him
any
more
Questions
?
Friend
.
No
,
I
must
depend
upon
the
Jury
,
for
I
cannot
remember
half
what
he
has
said
.
Mr.
Sol.
Gen.
Do
you
remember
any
Discourse
between
you
and
him
,
about
some
brisk
Men
that
were
to
follow
him
?
L.
C.
J.
H.
But
before
you
ask
him
,
Mr.
Solicitor
,
we
must
know
whether
he
will
ask
him
any
more
Questions
,
for
he
is
now
his
Witness
.
Do
you
ask
him
any
more
Questions
,
Sir
John
?
Friend
.
I
can
ask
about
no
more
then
what
I
hear
.
L.
C.
J.
H.
But
ask
him
what
you
will
.
Friend
.
My
Lord
,
I
have
not
heard
half
of
what
he
has
said
,
I
hope
the
Jury
will
take
care
in
it
.
L.
C.
J.
H.
Some
part
of
it
was
twice
repeated
to
you
.
Friend
.
As
to
that
,
my
Lord
,
I
would
ask
him
a
Question
or
two
.
Was
that
my
Letter
?
Capt.
B.
Yes
,
it
was
.
Friend
.
Did
you
see
me
write
it
?
Capt.
B.
No
,
it
came
to
my
hands
by
a
Porter
,
as
I
believe
,
when
I
was
in
Bed
,
my
Wife
brought
it
up
to
me
.
Friend
.
What
was
that
Letter
for
?
Capt.
B.
In
order
to
pay
the
last
20
l.
and
I
did
see
a
Return
of
a
Letter
that
you
Writ
to
King
James
.
Mr.
Att.
Gen.
Who
shewed
you
that
Letter
to
King
James
?
Capt.
B.
He
shew'd
it
me
himself
.
L.
C.
J.
Holt.
How
long
ago
is
that
?
Capt.
B.
A
Year
,
and
a
half
ago
,
as
near
as
I
can
Remember
.
L.
C.
J.
Holt.
Did
he
say
any
thing
of
an
Answer
he
had
to
it
.
Capt.
B.
Yes
,
but
I
cannot
Remember
what
it
was
Directly
.
Juryman
.
He
was
pleased
to
say
he
saw
a
Letter
from
King
James
.
L.
C.
J.
Holt.
No
,
No
,
Sir
,
it
was
a
Letter
to
King
James
.
Juryman
.
My
Lord
,
I
desire
he
may
be
asked
,
if
he
knows
the
Contents
of
that
Letter
?
L.
C.
J.
Holt.
Did
you
see
him
write
the
Letter
,
or
did
he
shew
you
the
Letter
he
had
Writ
?
Capt.
B.
I
did
not
see
him
write
the
Letter
,
I
see
his
hand
to
the
Letter
,
and
he
shew'd
me
the
Letter
,
that
he
said
he
had
written
to
King
James
;
and
there
is
this
particular
passage
to
Confirm
it
,
it
was
at
Mr.
Piggotts
Mothers
house
;
I
dined
with
him
there
that
Day
,
and
when
he
shew'd
me
the
Letter
,
I
told
him
I
was
so
well
pleased
with
the
Penning
it
,
that
I
belived
Mr.
Ferguson
had
a
hand
in
it
;
and
he
was
very
angry
,
that
I
should
think
,
he
was
not
able
to
write
,
and
did
not
write
the
Letter
himself
.
Juryman
.
My
Lord
,
since
it
seems
,
he
perused
the
Letter
,
I
desire
he
may
be
asked
,
whether
he
can
Remember
the
Contents
of
that
Letter
,
or
any
of
it
?
Capt.
B.
Really
,
my
Lord
,
I
cannot
tell
that
particularly
:
but
I
am
apt
to
think
it
was
about
the
business
of
the
King
,
and
about
the
Regiment
.
L.
C.
J.
Holt.
Can
you
tell
truly
any
the
Contents
of
it
?
Capt.
B.
That
it
was
about
the
affaires
of
the
Regiment
,
I
am
positive
.
Mr.
Cowper
.
My
Lord
,
before
he
goes
away
(
that
the
Jury
may
not
go
away
with
a
mistake
,
)
I
desire
it
may
be
Observed
,
he
does
not
say
,
he
saw
Sir
John
Friend
,
write
the
Letter
.
L.
C.
J.
Holt.
No
,
no
;
but
that
he
shew'd
it
him
himself
.
Friend
.
When
was
that
Letter
writ
that
I
shew'd
to
you
?
Capt.
B.
It
was
about
a
Year
and
a
half
ago
.
Friend
.
I
declare
in
the
presence
of
God
,
I
never
writ
one
.
Jurym.
He
sayes
you
shew'd
him
the
Letter
,
therefore
it
is
very
fit
we
should
see
it
.
L.
C.
J.
Holt.
Nay
,
Sir
you
must
not
talk
to
the
Prisoner
;
if
you
have
any
Questions
to
ask
,
you
must
propose
them
to
the
Court.
Friend
.
I
declare
in
the
presence
of
God
,
I
never
writ
any
such
Letter
,
as
this
that
he
now
charges
me
with
.
Capt.
B.
And
I
declare
in
the
presence
of
God
you
shew'd
me
such
a
Letter
.
Friend
.
Yes
,
you
may
,
but
I
am
a
Protestant
,
you
are
a
Papist
,
you
may
do
any
thing
.
Mr.
Att.
Gen.
You
may
ask
any
Questions
of
him
,
Sir
John
,
but
you
must
not
rail
at
the
Witness
.
Friend
.
But
when
you
charge
me
with
the
Writing
of
a
Letter
to
King
James
,
I
ought
to
speak
to
it
.
It
seems
I
am
not
to
ask
,
whether
he
is
a
Papist
.
Mr.
Att.
Gen.
He
says
you
shew'd
him
a
Letter
,
that
you
said
you
had
Written
to
King
James
,
which
he
Read
,
and
liked
the
Penning
of
it
so
well
,
that
he
thought
Ferguson
had
a
hand
in
it
;
at
which
you
were
offended
that
he
should
think
you
could
not
write
such
a
Letter
your self
.
Friend
.
I
declare
in
the
presence
of
God
I
never
writ
any
such
Letter
.
Mr.
Att.
Gen.
I
suppose
you
'l
disprove
him
by
and
by
.
Friend
.
I
can
have
no
Witnesses
to
this
matter
.
Mr.
Att.
Gen.
And
you
can't
expect
your
own
Denyal
should
go
for
proof
.
If
you
will
ask
him
no
more
Questions
,
let
him
go
down
,
and
ease
himself
.
Friend
.
He
must
not
be
askt
whether
he
is
a
Papist
,
but
I
hope
you
'l
take
notice
,
Countrymen
,
that
these
Witnesses
are
Papists
,
and
they
think
they
merit
Heaven
by
swearing
against
Protestants
,
whom
they
call
Hereticks
.
L.
C.
J.
H.
Indeed
,
Sir
John
,
I
Don't
hear
you
:
pray
speak
so
loud
that
the
Court
may
hear
what
you
say
.
Frind
.
I
will
,
my
Lord
;
I
say
he
is
a
Roman
Catholick
,
and
I
have
Witnesses
to
swear
he
is
so
,
and
Desire
I
may
prove
that
he
is
a
Roman
Catholick
,
and
therefore
he
is
not
to
be
heard
against
a
Protestant
.
Mr.
Att.
Gen.
Then
the
next
Witness
we
call
is
Mr.
Bertram
(
who
was
sworn
)
Friend
.
But
I
have
not
done
with
Mr.
Porter
.
L.
C.
J.
H.
Well
,
you
shall
have
him
by
and
by
,
let
the
Kings
Councel
go
on
in
their
Method
.
Mr.
Att.
Gen.
Pray
Mr.
Bertram
do
you
know
Capt.
Blair
that
was
here
just
now
?
Bertram
.
Yes
.
Mr.
Att.
Gen.
How
long
have
you
Known
him
?
Bertram
.
About
Eight
or
Nine
Years
.
Mr.
Att.
Gen.
What
discourse
have
you
had
with
him
about
any
Regiment
that
was
to
be
raised
for
the
late
King
James
.
Bertram
.
Capt.
Blair
had
told
me
for
two
Years
last
past
that
Sir
John
Friend
was
to
have
a
Regiment
of
Horse
,
that
were
to
be
raised
,
and
lye
posted
about
the
Town
,
and
Capt.
Blair
was
to
be
the
Lieutenant-Colionel
to
the
Regiment
,
and
I
was
to
be
Leiutenant
.
to
Captain
Blair
in
his
Troop
.
Mr.
Att.
Gen.
My
Lord
,
we
only
call
him
to
Confirm
what
Captain
Blair
has
said
that
he
was
to
be
his
Leiutenant
,
and
that
this
was
talked
of
two
Years
before
.
Did
he
tell
you
Sir
John
Friend
was
to
have
a
Regiment
of
Horse
?
Bertram
.
Yes
Sir
,
and
he
Oblidged
me
to
bring
in
as
many
Men
,
and
Horses
as
I
could
into
this
Regiment
,
and
he
told
me
Captain
Fisher
,
Captain
Vernatti
,
and
Captan
Cole
were
to
be
Captains
in
the
Regiment
.
L.
C.
J.
H.
And
what
were
you
to
be
?
Bertram
.
A
Lieutenant
.
L.
C.
J.
H.
To
whom
?
Bertram
.
To
Captain
Blair
;
he
has
told
me
so
several
times
,
and
talked
to
me
about
the
affairs
of
the
Regiment
;
a
great
Deal
that
I
cannot
now
Remember
relating
to
that
purpose
.
L.
C.
J.
H.
This
is
no
Evidence
against
Sir
John
Friend
;
he
is
only
called
to
Confirm
the
testimony
of
Captain
Blair
;
that
Blair
spoke
of
it
long
before
he
gave
his
Evidence
,
and
so
it
is
not
a
new
thing
now
Invented
by
him
.
Mr.
Sol.
Gen.
Sir
John
Friend
did
ask
what
Men
he
had
Ingaged
,
and
among
others
he
named
this
Mr.
Bertram
to
be
his
own
Lieutenant
,
and
he
now
tells
you
Blair
promised
him
so
to
be
two
Years
ago
,
and
then
told
him
Sir
John
Friend
was
to
have
a
Regiment
.
Friend
.
Do
you
know
me
Sir
?
Bertram
.
No
,
Sir
,
I
never
was
in
your
Company
in
my
Life
,
I
only
tell
you
what
I
have
heard
from
Captain
Blair
,
I
do
not
Know
that
ever
I
saw
your
face
.
L.
C.
J.
H.
His
Evidence
Sir
John
Friend
hurts
you
not
,
as
to
any
particular
thing
that
he
Knows
against
you
,
he
is
only
brought
to
Confirm
what
Captain
Blair
said
,
that
he
was
to
be
his
Lieutenant
in
his
Troop
.
M.
Att.
Gen.
Then
,
my
Lord
,
we
leave
it
here
.
L.
C.
J.
H.
Look
ye
Sir
John
Friend
,
the
Kings
Councel
have
done
,
and
now
you
may
speak
,
and
say
what
you
have
a
mind
to
say
in
your
own
Defence
.
Mr.
J.
Rok
.
And
call
what
Witnesses
you
have
a
mind
to
call
.
Friend
.
My
Lord
,
In
the
first
place
,
I
desire
to
Know
whether
Mr.
Courtney
is
come
.
L.
C.
J.
H.
Your
Solicitor
can
best
tell
that
.
Friend
.
I
perceive
he
is
not
come
.
L.
C
J.
H.
Well
go
on
:
I
suppose
he
will
not
be
long
before
he
comes
,
we
will
stay
for
him
.
Friend
.
My
Lord
,
I
must
wait
for
my
Witness
:
But
in
the
mean
time
,
as
to
Mr.
Porter's
Evidence
.
I
own
I
was
at
the
meeting
at
the
King's
Head
in
Leaden
Hall
Street
;
I
declare
I
was
at
that
place
,
and
there
were
some
Gentlemen
there
,
but
how
many
or
whom
I
cannot
say
,
but
I
Declare
,
there
was
not
one
word
spoken
there
of
any
raising
of
men
,
nor
any
thing
of
that
nature
,
that
he
speaks
of
,
but
only
we
were
Drinking
a
Glass
of
Wine
,
and
eating
a
Dish
of
meat
together
,
and
Sir
John
Fenwick
at
that
time
comming
in
said
to
us
,
I
Desire
you
to
come
to
our
end
of
the
Town
,
and
take
a
Dish
of
meat
with
us
.
And
there
was
nothing
spoke
of
any
thing
relating
to
the
Government
.
Gentlemen
these
are
Papists
,
and
I
am
a
Protestant
,
they
Don't
care
what
they
say
,
for
they
think
they
merit
Heaven
by
Destroying
Protestants
;
and
they
are
not
to
be
believed
,
and
that
is
the
reason
that
I
was
not
to
ask
them
the
Question
,
for
by
Law
they
are
not
Witnesses
,
and
for
that
I
appeal
to
your
Lordship
.
L.
C.
J.
H.
Why
are
they
not
Witnesses
?
Fri.
Nay
I
appeal
to
your
Lordship
.
L.
C.
J.
H.
Truely
I
think
they
are
Witnesses
,
I
know
nothing
to
the
Contrary
.
Fri.
My
Lord
,
Papists
are
not
good
Witnesses
against
Protestants
for
this
reason
,
ha
t
I
shall
tell
you
I
am
advised
,
my
Lord
,
that
a
Papist
is
not
a
good
Witness
to
prove
a
Protestant
a
Traytor
within
the
Stat.
of
25.
of
Ed.
3.
L.
C
J.
H.
Who
says
so
?
Friend
.
My
Lord
,
I
Desire
to
know
whether
there
is
such
a
Statute
?
L.
C.
J.
H.
Yes
,
no
Doubt
of
it
,
there
is
such
a
Statute
as
that
of
the
25.
Ed.
3.
about
Treasons
.
Friend
.
Pray
,
my
Lord
,
does
not
that
make
it
so
?
L.
C.
J.
H.
No
indeed
,
I
know
no
such
thing
.
Mr.
Sol.
Gen.
That
cannot
be
,
my
Lord
,
that
any
such
thing
should
be
,
for
all
were
Papists
then
,
there
was
no
such
thing
as
a
Protestant
in
the
time
of
Ed.
3.
Friend
.
My
Lord
,
there
is
the
Statute
of
the
third
of
James
the
first
.
Cap.
4th
.
and
other
Statutes
made
in
the
time
of
King
Charles
the
second
,
particularly
in
the
30th
.
Year
of
his
Reign
.
Cap.
2d
.
Whereby
it
is
plain
they
are
not
to
be
believed
against
Protestants
,
because
they
believe
them
Guilty
of
Damnable
Heresie
;
and
by
those
Statutes
they
are
reputed
Infamous
.
L.
C.
J.
Where
is
your
Statute
.
Friend
.
My
Lord
,
I
have
no
Statute-Book
,
I
desire
it
may
be
Inquired
into
,
this
advise
was
given
me
by
my
Lawyer
,
I
am
no
Lawyer
my self
,
there
is
the
Statute
of
3.
James
the
first
Cap.
4.
and
the
next
is
30.
Car.
2.
Cap.
2.
L.
C.
J.
Holt.
Well
the
Statute-Book
shall
be
looked
into
.
Friend
.
My
Lord
,
the
person
is
not
come
,
who
is
to
give
Evidence
against
Capt.
Blair
,
the
principal
Witness
,
he
is
a
Prisoner
at
the
Gate-house
,
and
your
Lordship
was
pleased
to
say
you
would
have
patience
till
he
came
.
L.
C.
J.
Holt.
Yes
,
yes
,
we
will
stay
a
while
.
Friend
.
I
pray
my
Lord
do
,
for
it
will
be
very
material
for
me
.
L.
C.
J.
Treby
.
Have
you
any
thing
to
fill
up
the
time
with
in
the
mean
time
.
Then
William
Courtney
Appeared
.
L.
C.
J.
Holt.
Is
your
Sollicitor
Returned
with
this
Habeas
Corpus
.
Friend
.
I
believe
he
is
in
or
about
the
Court
,
but
I
cannot
get
him
to
me
the
Crowd
is
so
great
.
After
much
ado
Courtney
came
in
.
L.
C.
J.
Holt.
Is
this
the
Witness
you
wou'd
have
?
Friend
.
Yes
,
my
Lord
,
it
is
.
L.
C.
J.
Holt.
Then
what
do
you
say
to
him
?
Friend
.
My
Lord
,
must
I
ask
him
the
Questions
?
L.
C.
J.
Holt.
Yes
you
must
propose
your
Questions
to
the
Court
,
and
they
will
ask
them
of
the
Witnesses
.
If
this
be
the
Person
you
speak
of
you
had
best
examine
him
.
Friend
.
Mr.
Courtney
I
desire
you
would
speak
what
you
know
of
Capt.
Blair
.
Courtney
.
Gentlemen
,
I
have
been
a
Prisoner
in
the
Gate-house
about
a
Month
,
and
while
I
was
there
Capt.
Blair
at
the
same
time
came
in
as
a
Prisoner
,
as
mentioned
in
the
Proclamation
;
being
my
old
Acquaintance
,
(
I
was
in
Bed
being
in
upon
some
other
accounts
)
and
when
they
told
me
Capt.
Blair
was
brought
in
,
I
desired
him
to
come
into
my
Chamber
.
I
told
him
I
was
sorry
to
see
him
there
,
I
told
him
I
hoped
he
was
none
of
those
concerned
in
this
Plot
;
he
said
he
was
in
the
Proclamation
,
but
that
he
was
Innocent
,
and
knew
nothing
of
the
Plot
,
nor
of
the
Assassination
,
nor
any
thing
like
it
;
there
was
several
other
persons
in
that
place
at
the
same
time
,
and
he
said
he
was
as
Innocent
as
the
Child
unborn
.
Friend
.
Did
he
mention
any
thing
of
me
then
?
Courtney
.
At
that
time
he
said
nothing
of
you
.
Friend
.
Pray
Sir
do
you
believe
he
is
a
Roman
Catholick
?
Courtney
.
I
do
not
know
his
Religion
indeed
.
Friend
.
But
don't
you
know
him
to
be
a
Roman
Catholick
?
Courtney
.
He
bore
the
Character
of
one
,
but
I
never
saw
him
at
any
Church
.
Mr.
J.
Rokeby
.
Pray
Sir
how
long
have
you
known
Capt.
Blair
?
Courtney
.
By
sight
,
I
have
known
him
6
or
7
Years
.
Mr.
J.
Rokeby
,
Pray
upon
what
account
did
you
call
him
Captain
?
Courtney
,
It
was
a
common
Name
among
all
the
Company
:
he
was
called
so
.
L.
Ch.
Just.
Holt
,
What
,
all
the
time
that
you
knew
him
?
Courtney
,
Yes
,
all
the
time
that
I
knew
him
,
I
knew
no
other
Name
that
he
had
.
Friend
,
But
did
not
you
hear
that
he
was
reputed
to
be
a
Roman
Catholick
?
Courtney
,
Yes
,
I
have
heard
that
Character
of
him
,
among
those
that
I
have
known
,
but
I
have
very
little
knowledge
of
his
Religion
.
L.
Ch.
Just.
Holt
,
Is
this
what
you
can
say
?
Courtney
,
There
are
several
others
that
were
witnesses
of
this
,
as
well
as
I
;
I
never
saw
you
,
Sir
John
Friend
,
before
in
my
Life
,
to
my
knowledge
,
nor
ever
spoke
to
you
.
Friend
,
Sir
,
a
Note
was
sent
to
me
,
that
you
could
do
me
some
Service
,
and
that
was
the
reason
I
sent
for
you
.
I
desire
Mr.
Carpenter
,
Mr.
King
,
and
Mr.
Payne
may
be
called
.
L.
Ch.
Just.
Holt
,
Have
you
done
with
this
Man
then
?
Friend
,
Do
you
know
Captain
Porter
,
Sir
.
Courtney
,
Yes
,
I
do
,
Sir
?
Friend
,
Sir
,
do
you
know
him
to
be
a
Roman
Catholick
.
Courtney
,
Sir
,
I
have
heard
that
he
has
such
a
Character
.
L.
Ch.
Just.
Holt
,
What
Character
has
he
?
Courtney
,
That
he
is
a
Roman
Catholick
.
L.
Ch.
Just.
Holt
,
That
's
only
by
hear-say
.
Friend
,
My
Lord
,
I
have
done
with
this
Man
.
L.
Ch.
Just.
Holt
,
If
you
have
done
with
him
,
then
the
Keeper
may
carry
him
back
again
.
Courtney
,
Sir
,
I
have
something
else
to
say
.
Friend
,
My
Lord
,
he
says
he
has
something
else
to
say
.
L.
Ch.
Just.
Holt
,
Then
set
him
up
again
,
(
which
was
done
.
)
Well
,
Sir
,
what
is
it
you
have
more
to
say
?
Courtney
,
Two
or
three
days
after
that
time
,
there
was
a
Prisoner
then
in
the
Gate-house
,
who
was
an
Ensign
in
the
Army
,
was
reading
the
Flying-Post
in
my
Chamber
,
and
in
that
Flying-Post
there
was
News
that
Captain
Blair
was
making
a
great
Discovery
,
and
that
he
had
accused
Sir
John
Friend
for
having
receiv'd
a
Commission
for
a
Regiment
,
in
which
he
was
to
be
Lieutenant
Colonel
,
and
said
a
great
deal
about
that
Regiment
,
how
he
had
receiv'd
Subsistence
Money
for
them
from
Sir
John
Friend
.
A
little
after
Capt.
Blair
came
into
the
Room
,
and
asked
me
if
I
had
got
the
News
;
I
told
him
yes
;
and
Captain
Blair
then
askt
what
was
the
import
of
it
?
I
told
him
it
was
there
,
that
he
was
making
a
great
Discovery
,
and
particularly
,
that
he
was
to
be
Lieutenant
Colonel
to
Sir
John
Friend
,
and
had
received
Subsistence
Money
from
Sir
John
Friend
for
the
Men
of
the
Regiment
.
Captain
Blair
answered
,
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
surprize
upon
me
,
and
upon
those
others
that
heard
him
,
when
we
were
told
he
was
to
be
the
main
Evidence
against
Sir
John
Friend
.
Friend
,
Well
,
Sir
,
do
you
know
any
thing
else
?
Courtney
,
Captain
Blair
was
bemoaning
himself
afterwards
,
that
he
went
against
his
Conscience
in
this
thing
,
and
his
Wife
told
me
that
he
was
very
much
concerned
,
because
he
was
going
to
do
this
against
his
Conscience
,
and
she
was
sure
it
would
break
his
Heart
.
Friend
,
Do
you
know
any
thing
more
?
Courtney
,
And
he
told
me
in
his
Chamber
upon
Friday
Night
last
,
about
Nine
a
Clock
I
came
to
see
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
said
he
was
very
ill
.
Pray
,
said
I
,
what
ails
you
?
Sure
you
have
gotten
some
very
great
Cold.
Oh!
no
says
he
,
Life
is
sweet
,
I
don't
know
what
it
is
I
ail
,
but
were
it
not
for
Life
,
I
should
never
do
what
I
do
.
L.
Ch.
Just.
Holt
,
Did
he
tell
you
he
went
against
his
Conscience
?
Courtney
,
His
Wife
and
he
spoke
at
first
,
that
he
went
against
his
Conscience
,
and
he
believed
his
Conscience
was
in
a
miserable
State
,
and
this
I
spoke
innocently
among
some
of
the
Prisoners
,
and
I
did
not
know
that
it
was
taken
notice
of
,
but
it
seems
some
Body
has
acquainted
Sir
John
Friend
,
and
so
I
am
brought
here
,
I
know
nothing
of
being
a
Witness
,
I
assure
you
.
Mr.
J.
Rokeby
,
Pray
who
were
present
when
this
Discourse
was
between
you
and
Blair
?
you
say
there
were
two
other
Persons
present
when
this
Discourse
was
between
you
,
and
Captain
Blair
and
his
Wife
,
who
were
those
two
Persons
?
Courtney
,
What
Discourse
do
you
speak
of
,
my
Lord
?
L.
Ch.
Just.
Holt
,
You
said
there
were
two
Persons
in
your
Chamber
.
Courtney
,
Does
your
Lordship
mean
at
the
reading
of
the
Flying-Post
?
L.
Ch.
Just.
Holt
,
Yes
.
Courtney
,
My
Lord
,
this
Gentleman
that
I
was
speaking
off
was
lying
down
upon
the
Bed
,
and
Captain
Blair
came
into
my
Room
just
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
said
that
he
was
making
a
great
Discovery
,
and
particularly
against
Sir
John
Friend
.
L.
Ch.
Just.
Holt
,
Well
,
and
who
were
there
then
?
Courtney
,
This
Ensign
that
is
now
a
Prisoner
in
the
Gate-house
,
who
I
suppose
can
say
the
same
thing
.
Mr.
Att.
Gen.
Pray
my
Lord
,
let
Mr.
Blair
be
called
while
he
is
here
,
and
let
him
know
what
this
Witness
says
,
that
the
Court
and
Jury
may
know
what
he
has
to
say
to
it
.
L.
Ch.
Just.
Holt
,
Yes
,
pray
let
Mr.
Blair
be
brought
in
again
,
(
which
was
done
.
)
L.
Ch.
Just.
Treby
,
Now
let
Mr.
Courtney
repeat
what
he
said
now
before
about
Captain
Blair's
Declarations
to
him
.
Courtney
,
My
Lord
,
I
tell
your
Lordship
,
there
was
one
Tooley
a
Prisoner
in
the
Gate-house
;
when
he
heard
the
Flying-Post
cry'd
,
bought
it
,
or
it
was
order'd
to
be
bought
,
and
it
being
brought
into
my
Chamber
,
I
desired
him
to
read
it
,
and
I
was
walking
about
the
Room
;
in
the
mean
time
Captain
Blair
came
in
,
and
ask'd
if
we
had
got
the
News
;
we
said
yes
;
and
he
askt
what
News
there
was
in
it
?
I
replyed
,
it
is
said
that
you
are
making
a
great
Discovery
,
that
you
were
to
be
Lieutenant
Colonel
to
Sir
John
Friend
,
and
had
receiv'd
a
great
deal
of
Subsistence
Money
for
the
Regiment
;
says
he
,
They
may
put
what
they
will
in
their
News
,
but
I
know
of
no
Regiment
,
nor
any
Subsistence
,
nor
of
any
Commission
.
The
Man
that
read
the
Book
,
will
say
the
same
that
I
do
.
Mr.
Att.
Gen.
When
was
this
?
Courtney
,
This
was
one
Day
when
the
Flying
Post
came
out
,
the
last
Saturday
but
one
I
think
.
L.
Ch.
Just.
Holt
,
But
you
talkt
of
something
he
should
say
to
you
of
going
against
his
Conscience
?
Courtney
,
That
was
upon
Friday
Night
last
,
I
came
to
see
Captain
Blair
,
and
his
Wife
was
with
him
,
and
Captain
Blair
was
very
ill
,
and
clapping
his
Hands
,
and
groaning
,
and
moving
himself
,
and
in
a
very
miserable
Condition
,
truly
I
thought
he
was
giving
up
the
Ghost
.
I
askt
him
upon
what
account
he
was
so
sad
,
and
told
him
I
thought
he
had
got
some
great
Cold
;
he
told
me
no.
Well
said
I
,
Captain
Blair
,
I
understand
you
are
going
to
morrow
to
Hick's-Hall
,
and
I
pray
God
direct
you
.
(
Says
he
)
several
times
,
I
pray
God
direct
us
all
;
Life
is
sweet
.
Oh!
says
his
Wife
,
Dear
Sir
,
he
would
never
do
it
,
but
to
save
his
Life
,
but
it
goes
against
his
Conscience
:
So
said
I
to
him
,
you
have
had
the
Character
of
an
honest
Gentleman
;
I
hope
you
will
show
your self
such
,
and
I
pray
God
direct
you
:
I
wish
no
Man's
Blood
may
lie
at
your
Door
.
Says
he
!
I
am
an
unfortunate
Man
,
that
is
the
thing
that
troubles
me
,
or
something
to
that
purpose
;
which
shew'd
all
the
Remorse
of
Conscience
which
could
be
in
the
World
.
I
spoke
of
this
innocently
among
the
Prisoners
,
and
it
seems
,
it
was
Communicated
to
Sir
John
Friend
,
and
so
I
am
brought
here
to
testifie
it
.
Mr.
Att.
Gen.
Pray
what
say
you
to
this
Captain
Blair
?
you
hear
what
he
says
,
do
you
give
an
account
what
you
know
of
it
.
L.
Ch.
Just.
Holt
,
You
hear
what
discourse
he
says
he
had
with
you
,
what
say
you
to
it
?
Cap.
Blair
,
My
Lord
,
this
Gentleman
crowded
himself
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
desired
no
Company
might
come
to
me
.
Says
he
,
Captain
Blair
,
I
have
heard
you
have
been
an
honest
Gentleman
all
along
and
you
are
going
to
Hicks's-Hall
to
morrow
,
and
a
great
deal
of
such
Discourse
as
that
,
and
I
pray
God
Almighty
Direct
you
;
That
's
all
that
I
know
past
.
I
was
very
ill
,
very
sick
,
as
I
am
far
from
being
well
now
;
but
as
for
any
thing
of
Remorse
of
Conscience
,
as
I
hope
for
Mercy
and
Salvation
,
I
never
exprest
any
such
thing
to
him
.
L.
Ch.
Just.
Holt
,
Did
your
Wife
say
,
that
you
were
troubled
,
that
you
were
going
to
do
that
which
went
against
Conscience
,
and
you
would
not
do
it
but
to
save
your
Life
?
Cap.
Blair
,
No
,
I
am
sure
she
did
not
.
L.
Ch.
Just.
Holt
,
Did
that
Gentleman
thrust
himself
into
your
Company
,
or
did
you
desire
him
for
to
come
to
you
?
Cap.
Blair
,
No
,
he
thrust
himself
into
the
Room
.
Courtney
,
The
sink
was
hard
by
,
and
I
heard
Captain
Blair
groan
,
and
so
I
went
in
to
see
him
;
every
Body
had
access
to
him
.
Cap.
Blair
,
Pray
where
is
the
Keeper
?
Keeper
,
Here
,
I
am
,
Sir
.
Cap.
Blair
.
Did
not
I
beg
of
you
for
God's
sake
,
that
no
one
should
come
to
me
but
my
Wife
?
Mr.
Att.
Gen.
If
the
Keeper
of
the
Gate-house
be
there
pray
Swear
him
.
The
Keeper
of
the
Gate-House
was
Sworn
.
Mr.
Sol.
Gen.
What
do
you
say
as
to
Captain
Blair's
desiring
that
no
Body
should
come
to
him
,
but
his
Wife
?
Keeper
,
No
body
was
to
come
to
him
unless
they
forced
themselves
upon
him
.
Mr.
Sol.
Gen.
Do
you
know
of
that
Man's
coming
to
him
?
Keeper
,
No
,
Sir
,
I
know
nothing
of
it
.
Cap.
Blair
,
I
always
desired
to
have
the
Door
lockt
with
the
Key
on
the
inside
,
that
no
Body
might
come
to
me
but
whom
I
had
a
mind
to
.
Keeper
,
He
did
so
,
because
he
was
Ill
,
and
no
Body
did
come
to
him
that
I
know
of
.
Cap.
Blair
,
My
Wife
being
with
me
,
came
to
me
to
the
Bed
side
,
while
this
Man
was
with
me
,
and
I
was
lying
upon
my
Back
;
and
said
she
for
Christ
Jesus's
sake
,
Dear
Blair
,
do
not
speak
any
thing
.
L.
Ch.
Just.
Holt
,
When
was
this
?
Cap.
Blair
,
When
this
Gentleman
was
with
me
,
she
desired
me
not
to
say
any
thing
before
him
,
because
says
she
I
do
not
know
but
he
may
be
a
Trepan
.
Courtney
,
Upon
the
Word
of
an
honest
Man
,
and
my
Reputation
is
as
dear
to
me
as
yours
is
to
you
,
she
said
nothing
of
that
.
She
told
me
you
were
going
to
do
that
which
was
against
your
Conscience
,
and
you
would
not
do
it
but
to
save
your
Life
.
Mr.
Att.
Gen.
Pray
,
what
is
this
Man
Committed
for
,
you
Keeper
?
Keeper
,
He
is
Committed
for
Suspicion
of
Treason
?
Courtney
,
I
have
been
taken
up
five
times
upon
Suspicion
,
and
this
last
time
I
was
Committed
to
the
Gate-House
.
Mr.
Att.
Gen.
Where
do
you
live
,
Sir
?
Courtney
,
In
Old
Southampton-Buildings
.
Mr.
Att.
Gen.
How
long
have
you
lived
there
?
Courtney
,
I
have
Lodged
there
about
Four
years
and
an
half
,
there
are
several
persons
can
come
and
give
a
Testimony
of
me
.
Mr.
Sol.
Gen.
How
come
you
,
Sir
,
to
be
brought
as
a
Witness
here
?
Courtney
,
I
was
surprized
at
it
:
for
my
part
what
I
did
was
by
way
of
Pity
seeing
him
in
such
a
Condition
;
I
Pitied
your
Soul
,
because
you
and
your
Wife
both
shew'd
so
much
trouble
and
remorse
of
Conscience
:
as
for
Sir
John
Freind
,
I
never
saw
him
till
to
Day
in
all
my
life
,
that
I
know
of
.
Mr.
Att.
Gen.
What
Countryman
are
you
,
Sir
?
Courtney
,
I
am
an
Irish
man
born
.
Mr.
Att.
Gen.
Have
you
any
Estate
in
Ireland
?
Courtney
,
No
,
Sir
,
I
have
not
.
Mr.
Sol.
Gen.
Pray
how
came
you
to
go
to
Mr.
Blair
?
Courtney
,
I
have
known
him
a
long
time
;
I
have
been
often
in
his
Company
at
the
Coffee-house
;
I
cannot
say
I
am
intimately
acquainted
with
Captain
Blair
,
but
only
as
I
have
seen
him
in
the
Coffee-house
a
great
many
times
.
Mr.
Sol.
Gen.
But
I
ask
you
how
you
came
to
go
to
him
;
because
it
seems
he
desired
no
body
should
come
to
him
,
but
his
Wife
.
Courtney
,
He
may
say
what
he
pleases
;
for
he
lay
first
in
one
Room
,
and
then
in
an
other
,
and
he
could
never
go
to
the
Necessary
House
,
but
he
must
go
thorough
my
Room
:
but
if
you
please
to
send
for
Mr.
Tooley
,
and
Captain
Courtney
they
will
say
and
Swear
that
these
things
past
in
their
presence
,
or
to
the
same
purpose
,
Except
what
past
between
him
and
me
in
his
own
Chamber
.
Ensign
Tooley
did
read
the
paper
of
the
Flying-Post
,
and
as
for
what
he
said
of
his
knowing
nothing
of
the
Plot
,
it
was
talkt
of
up
and
down
in
the
Prison
,
and
so
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
.
L.
Ch.
Just.
Holt
,
You
hear
what
he
says
,
Captain
Blair
,
did
you
tell
him
you
knew
nothing
of
the
Plot.
Cap.
Blair
,
Yes
,
I
believe
I
might
at
first
;
as
we
were
talking
when
I
first
came
in
,
and
I
told
him
the
Truth
:
For
I
was
innocent
as
to
the
Assassination
,
for
indeed
I
was
so
.
And
as
to
the
Invasion
there
was
only
some
general
Discourse
,
and
I
was
not
willing
to
explain
my self
among
any
such
people
as
they
were
,
when
they
askt
me
any
Questions
about
it
,
I
had
to
do
with
the
King
and
Council
.
L.
Ch.
Just.
Holt
,
Sir
John
Friend
,
have
you
any
more
witnesses
to
examine
?
Friend
,
Yes
,
my
Lord
,
I
desire
Mr.
King
may
be
called
.
(
Which
was
done
)
and
he
appeared
.
L.
Ch.
Just.
Holt
,
There
he
is
,
Sir
,
what
would
you
ask
him
?
Friend
,
I
desire
to
know
of
him
whether
he
does
not
know
Captain
Blair
,
and
Captain
Porter
to
be
Roman
Catholicks
,
and
whether
he
does
not
know
me
to
be
a
Protestant
?
King
,
I
am
of
Opinion
Mr.
Porter
is
a
Papist
,
he
was
always
taken
to
be
so
at
Epsom
,
where
I
used
to
go
,
and
where
he
used
to
go
,
and
he
was
never
lookt
upon
as
a
Protestant
.
L.
Ch.
Just.
Holt
,
And
what
do
you
take
Sir
John
Friend
to
be
?
King
,
I
take
Sir
John
Friend
to
be
a
Protestant
,
so
he
is
,
and
so
he
ever
was
.
Friend
,
But
when
you
have
been
in
my
Company
,
and
they
have
been
speaking
of
the
Government
,
what
have
I
said
and
done
.
King
,
When
ever
they
started
any
reflecting
words
upon
the
Government
,
he
was
used
to
say
,
forbear
,
I
do
not
admit
of
any
such
Discourse
.
Mr.
Att.
Gen.
How
long
have
you
known
him
?
King
,
He
has
been
my
acquaintance
this
Fifteen
Years
,
and
married
a
Relation
of
my
Wives
Husbands
.
(
At
which
there
was
very
great
laughing
)
King
,
I
mean
her
former
Husband
.
L.
Ch.
Just.
Holt
,
He
has
reconciled
the
matter
very
well
for
this
point
,
for
he
tells
you
he
meant
her
first
Husband
.
Friend
,
Ay
my
Lord
,
no
doubt
of
it
,
he
will
recover
it
,
it
was
her
former
Husband
.
Mr.
King
,
don't
you
mean
it
was
her
former
Husband
?
King
,
Yes
,
Sir
,
I
have
told
you
it
was
so
,
her
former
Husband's
Name
was
Thomas
Case
.
L.
Ch.
Just.
Holt
,
Mr.
Tanner
,
you
are
to
look
upon
two
Statutes
,
the
one
is
3
Jac.
1.
cap.
4.
and
the
30
Car.
2.
cap.
2.
King
,
My
Lord
,
I
have
heard
him
say
,
if
I
had
not
taken
the
Oaths
to
K.
James
,
which
Oaths
are
binding
to
my
Conscience
,
I
could
as
freely
take
the
Oaths
to
the
present
Government
,
as
any
Man
in
England
;
but
I
will
live
peaceably
and
quietly
under
the
Government
,
but
because
I
do
not
take
the
Oaths
,
I
am
double
tax'd
,
and
I
will
pay
it
.
Friend
.
My
Lord
,
I
desire
Capt.
Kaines
may
be
call'd
.
Who
appear'd
.
L.
C.
J.
Holt.
What
do
you
ask
him
,
Sir
?
Friend
.
Capt.
Kaines
,
I
desire
to
know
of
you
,
whether
Mr.
Porter
and
Mr.
Blair
are
Roman
Catholicks
;
and
I
desire
you
to
speak
as
to
my self
,
what
I
am
.
Kaines
.
They
are
so
reputed
to
be
at
Epsom
;
it
was
always
so
reported
there
;
and
I
have
been
acquainted
with
Sir
John
Friend
several
years
,
being
concern'd
together
in
the
Train'd-Bands
of
the
Tower-Hamletts
,
and
I
have
been
in
his
company
several
times
since
the
King
came
in
,
and
never
heard
him
give
any
reflecting
Language
against
the
Government
in
my
Life
.
L.
C.
J.
Holt.
Have
you
done
with
him
,
Sir
?
Friend
.
My
Lord
,
I
did
not
hear
him
,
but
I
suppose
he
has
declar'd
,
as
to
Capt.
Porter
and
Capt.
Blair
,
that
they
are
Catholicks
.
L.
C.
J.
Holt.
He
says
,
Porter
and
Blair
are
reputed
Papists
;
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
since
the
King
came
in
.
Friend
.
My
Lord
,
I
desire
to
know
,
whether
he
believes
me
to
be
a
Protestant
?
Kaines
.
I
did
always
take
Sir
John
Friend
to
be
a
Protestant
.
Friend
.
Then
,
next
,
I
desire
Mr.
Carpenter
may
be
call'd
.
Who
appear'd
.
L.
C.
J.
Holt.
What
do
you
ask
him
,
Sir
?
Friend
.
I
desire
,
Mr.
Carpenter
,
that
you
will
acquaint
the
Court
,
whether
you
know
Capt.
Porter
to
be
a
Roman
Catholick
,
and
what
you
know
of
me
.
Carpenter
.
I
have
been
at
Epsom
several
Summers
,
and
usually
am
there
in
Summer-time
,
and
he
was
so
reputed
there
:
But
as
to
Sir
John
Friend
,
I
have
known
him
above
these
Twenty
years
;
I
keep
a
Brew-House
,
as
he
does
,
and
we
have
been
concern'd
together
,
and
have
had
several
occasions
,
upon
the
account
of
Trade
,
to
meet
him
,
upon
particulars
of
Appraisement
,
when
any
Partners
came
in
,
and
I
never
knew
him
but
very
orderly
and
civil
;
I
never
heard
him
reflect
any
thing
upon
the
Government
,
but
was
always
peaceable
and
quiet
;
he
was
always
look'd
upon
as
a
Protestant
,
and
went
to
Church
.
That
's
all
that
I
can
say
.
Friend
.
My
Lord
,
as
to
the
Statute-Book
,
will
your
Lordship
please
that
the
Statute-Book
be
sent
for
.
L.
C.
J.
Holt.
Yes
,
yes
,
We
do
not
forget
it
.
Have
you
any
more
Witnesses
?
Call
all
your
Witnesses
,
and
we
will
consider
of
that
afterwards
.
Friend
.
I
desire
Mr.
Hawkins
may
be
call'd
.
Who
appear'd
.
L.
C.
J.
Holt.
What
say
you
to
this
Gentleman
?
Friend
.
I
desire
you
,
Mr.
Hawkins
,
to
give
an
account
what
I
am
;
whether
you
know
me
to
be
a
Roman
Catholick
or
a
Protestant
.
Hawkins
.
I
have
known
Sir
John
Friend
these
Twenty
odd
years
,
and
have
had
Dealings
with
him
many
times
before
the
change
of
Government
,
and
since
,
and
I
never
heard
him
reflect
upon
the
Government
;
nor
never
heard
him
to
speak
slightly
of
it
:
And
as
to
his
being
of
the
Protestant
Religion
,
I
do
know
as
much
as
any
Man
,
as
much
as
another
;
I
always
believ'd
him
to
be
a
Protestant
of
the
Church
of
England
,
as
good
as
any
Man
alive
;
he
always
went
to
Chureh
.
L.
C.
J.
Holt.
What
,
since
the
Revolution
?
Hawkins
.
I
have
not
been
so
conversant
with
him
since
that
,
because
I
went
out
of
Town
,
and
liv'd
out
of
Town
;
but
I
believe
there
are
those
at
Hackney
that
can
give
an
account
of
that
matter
.
Friend
.
I
desire
Major
Mould
may
be
call'd
.
L.
C.
J.
Holt.
Then
,
I
suppose
,
you
have
done
with
Mr.
Hawkins
.
Friend
.
Yes
.
And
then
Major
Mould
stood
up
.
L.
C.
J.
Holt.
Well
,
what
say
you
,
Sir
?
Mould
.
My
Lord
,
I
have
known
Sir
John
Friend
many
years
,
above
these
Twenty
years
,
and
I
always
look'd
upon
him
as
a
sincere
and
strict
Protestant
,
and
I
have
often
been
in
his
company
since
the
Revolution
,
and
I
never
heard
him
speak
diminishingly
of
the
Government
.
I
believe
him
to
be
as
good
a
Protestant
as
any
in
England
.
L.
C.
J.
H.
How
!
As
any
in
England
?
That
's
a
great
Character
.
Friend
.
Then
I
desire
Dr.
Hollingsworth
may
be
called
,
(
but
he
did
not
appear
.
)
Friend
.
Then
,
my
Lord
,
I
desire
Mr.
Lufton
may
be
called
.
L.
C.
J.
H.
There
is
Mr.
Lufton
,
what
would
you
have
with
him
?
Friend
,
I
desire
he
will
give
an
account
what
he
knows
of
me
,
what
Religion
am
of
.
Lufton
.
My
Lord
,
as
to
Sir
John
Friend
,
I
have
known
him
this
ten
years
:
he
was
pleased
to
Imploy
me
as
a
Chaplain
in
his
House
a
considerable
time
,
both
before
and
after
the
Revolution
;
and
after
the
Revolution
we
always
used
the
Prayers
according
to
the
Church
of
England
,
and
we
did
always
Pray
for
the
present
King
,
and
the
late
Queen
Mary
,
at
which
Sir
John
was
many
times
present
.
Mr.
Att.
Gen.
How
long
is
it
since
you
left
him
?
Lufton
.
About
four
or
five
years
,
as
I
remember
:
Then
Sir
John's
Family
lessened
,
he
was
pleased
to
say
to
me
,
Mr.
Lufton
,
I
am
going
to
Tunbridg
,
and
my
Family
lessens
,
(
this
is
about
five
or
six
years
ago
,
)
and
I
shall
have
no
occasion
for
you
at
present
,
but
if
ever
I
make
use
of
a
Chaplain
again
I
will
make
use
of
you
,
this
he
was
pleased
to
say
.
L.
C.
J.
H.
How
long
is
it
,
do
you
say
,
that
you
have
left
him
?
Lufton
.
About
five
years
;
and
as
to
any
Objection
of
his
being
a
Papist
,
I
have
often
discoursed
with
Sir
John
Friend
about
the
Popish
Religion
,
and
he
has
often
spoken
with
Detestation
of
the
Principles
of
the
Papists
.
Friend
.
What
have
you
heard
me
speak
of
the
French
;
and
about
any
thing
of
an
Invasion
:
how
I
would
venture
my
life
for
the
Protestant
Religion
,
or
any
thing
of
that
.
Lufton
,
I
have
often
heard
you
say
,
as
to
the
present
Government
,
that
tho
you
could
not
Comply
with
it
,
yet
you
would
live
peaceably
under
it
.
When
we
have
been
talking
of
these
things
,
you
said
you
never
would
be
in
a
Plot
;
and
tho
you
could
not
Comply
with
the
present
Government
;
yet
you
would
never
concern
your self
in
any
Design
against
it
.
For
my
part
,
my
Lord
,
I
know
nothing
by
him
,
but
that
he
is
an
Honest
,
and
a
Worthy
Gentleman
,
tho
he
be
so
unfortunate
to
be
under
this
Accusation
.
Friend
.
I
desire
Mr.
Hoateley
may
be
called
,
(
who
appeared
.
)
L.
C.
J.
H.
Well
,
what
say
you
Sir
?
Friend
.
Pray
,
Mr.
Hoateley
,
will
you
give
an
account
to
the
Court
what
you
know
of
my
being
a
Protestant
,
and
of
my
Life
and
Conversation
.
Hoateley
.
I
believe
Sir
John
Friend
is
a
very
settled
Protestant
of
the
Church
of
England
;
and
I
have
reason
to
believe
so
,
because
I
have
frequently
discoursed
with
him
,
because
I
have
had
a
Couple
of
Children
that
were
his
Nephews
,
upon
whose
account
I
have
been
forced
several
times
to
wait
upon
him
;
and
he
has
often
said
he
never
would
be
in
any
Plot
,
and
his
words
that
he
used
to
me
were
really
very
Remarkable
,
Catch
me
in
the
Corn
and
put
me
in
the
Pound
.
L.
C.
J.
H.
What
were
his
words
Sir
?
Hoateley
.
He
used
to
say
he
would
never
be
in
any
Plot
,
for
says
he
,
Catch
me
in
the
Corn
and
put
me
in
the
Pound
;
and
I
have
heard
him
express
himself
with
a
great
deal
of
Detestation
of
King-Killing
,
and
those
Principles
of
the
Papists
;
the
Assassinating
of
any
Crowned
Head
.
Mr.
Att.
Gen.
Pray
Sir
,
How
came
you
to
discourse
with
Sir
John
Friend
about
King-Killing
and
Plots
?
You
are
a
School-Master
it
seems
,
how
hapned
this
sort
of
discourse
between
you
?
Hoateley
.
There
will
be
discourses
about
these
things
sometimes
.
Mr.
Att.
Gen.
But
,
pray
,
how
was
the
discourse
Introduced
?
What
was
the
occasion
of
the
discourse
?
Sure
there
was
some
occasion
extraordinary
for
him
so
to
express
himself
to
you
.
Hoately
.
I
cannot
remember
the
particular
occasion
,
but
such
discourse
there
was
.
Mr.
Att.
Gen.
Pray
how
long
ago
is
this
time
that
this
discourse
was
?
Hoately
.
I
believe
it
was
five
or
six
times
within
these
two
years
.
Mr.
Att.
Gen.
What
,
have
you
had
the
same
discourse
five
or
six
times
one
after
another
?
Hoately
.
I
cannot
say
that
;
but
those
used
to
be
his
words
.
Mr.
Att.
Gen.
What
,
in
common
discourse
?
Hoately
.
He
said
he
would
never
be
in
any
Plot.
Friend
.
My
Lord
,
I
can
bring
a
great
many
more
Witnesses
of
this
kind
,
and
I
believe
I
could
have
a
thousand
to
prove
me
a
Protestant
.
L.
C.
J.
H.
Call
whom
you
will
,
Sir
John
,
we
will
hear
them
.
Friend
.
My
Lord
,
I
am
very
loth
to
trouble
you
.
M.
Just.
Rookeby
.
No
,
it
will
not
be
reckon'd
any
trouble
,
we
will
hear
all
your
Evidence
.
Friend
.
There
is
one
Mr.
Willis
and
one
Mr.
Hemings
;
but
I
desire
it
may
not
be
forgotten
as
to
the
Acts
of
Parliament
,
for
they
are
very
material
for
me
,
as
I
shall
shew
by
and
by
.
Mr.
Willis
appeared
.
L.
C.
J.
H
,
Well
,
what
say
you
to
this
Gentleman
?
Friend
.
Mr.
Willis
,
I
desire
you
'd
give
an
account
to
their
Lordships
,
what
you
think
of
me
,
as
to
my
being
a
Protestant
,
and
how
I
have
behaved
my self
in
every
respect
all
along
.
Willis
.
My
Lord
,
I
have
always
taken
it
for
granted
,
that
those
that
come
to
Church
are
Protestants
:
and
I
did
always
take
Sir
John
Friend
to
be
a
Protestant
.
The
acquaintance
that
I
had
with
him
was
since
he
lived
in
the
Parish
of
Hackney
,
and
we
have
had
some
converse
together
,
and
there
have
past
friendly
Visits
between
us
;
and
I
do
not
remember
any
discourse
while
I
was
there
that
tended
to
the
Government
one
way
or
another
.
I
was
never
very
often
with
him
,
but
his
discourse
was
always
very
obliging
,
discreet
,
and
prudent
,
whenever
I
was
there
.
L
C.
J.
H.
Pray
Sir
,
when
did
you
see
him
at
Church
?
Willis
.
Truly
,
my
Lord
,
I
cannot
call
to
mind
when
it
was
.
L.
C.
J.
H.
Cannot
you
name
any
time
?
Willis
.
He
may
be
at
Church
sometimes
and
I
not
see
him
:
our
Seats
are
at
a
distance
from
one
another
,
and
there
are
Pillars
between
,
that
one
can't
see
every
body
;
and
I
cannot
call
to
mind
when
I
did
see
him
last
at
Church
.
L.
C.
J.
H.
Has
he
been
there
within
this
year
or
two
?
Willis
.
He
has
been
gone
from
Hackney
a
year
and
above
.
Mr.
Mountague
.
Pray
can
you
say
you
have
seen
him
at
Church
within
these
four
years
?
Willis
.
Truly
I
cannot
call
to
mind
whether
I
have
or
no.
Friend
.
I
desire
Mr.
Hemings
may
be
called
.
I
could
call
a
great
many
more
but
they
are
much
to
the
same
effect
as
these
are
.
L.
C.
J.
H.
Call
whom
you
will
,
Sir
John
,
if
you
think
fit
to
call
them
,
we
will
hear
them
.
Friend
.
Being
they
are
not
here
I
will
not
trouble
you
further
.
It
is
all
to
the
same
purpose
.
L.
C.
J.
H.
Well
,
take
your
own
course
;
if
you
'll
call
them
,
the
Court
will
be
sure
to
hear
them
.
Friend
.
But
my
Lord
,
here
is
one
thing
that
I
must
desire
your
Lordship's
direction
in
:
If
these
Gentlemen
,
my
Lord
,
Capt.
Porter
and
Capt.
Blair
,
who
are
the
two
Witnesses
,
and
none
but
those
two
,
against
me
,
if
they
are
Papists
,
they
are
not
good
Witnesses
against
a
Protestant
,
to
prove
him
a
Traitor
within
the
Stature
of
the
25th
of
Edward
the
Third
.
For
that
Statute
says
,
He
that
is
indicted
must
be
proveably
attainted
;
which
cannot
be
by
the
Evidence
of
Papists
,
and
those
that
refuse
to
take
the
Oaths
of
Obedience
,
which
are
required
to
be
taken
:
And
therefore
I
humbly
beseech
you
,
that
you
will
please
to
tender
them
the
Oaths
,
for
there
is
a
Statute
in
the
3d.
Jac.
I.
Cap.
4.
which
appoints
the
tendering
of
the
Oaths
to
them
.
L.
C.
J.
Holt.
That
is
not
our
Business
at
this
time
.
Friend
.
Then
I
must
beg
your
Pardon
that
they
are
not
substantial
Witnesses
,
for
this
is
the
Law
,
as
I
am
informed
.
I
humbly
submit
it
to
your
Lordship
,
whether
this
be
not
the
Law
.
I
only
speak
it
to
know
whether
it
be
Convenient
for
me
to
rehearse
it
.
I
ask'd
the
Question
before
they
were
sworn
.
I
Know
not
whether
it
be
Convenient
for
me
to
move
it
now
.
L.
C.
J.
Holt.
Aye
,
aye
,
it
is
very
Convenient
now
,
now
is
the
proper
time
.
Friend
.
Before
ever
they
were
sworn
I
would
have
ask'd
them
the
Question
,
whether
they
were
Papists
or
not
,
but
it
was
not
allowed
,
it
was
over-ruled
.
Now
,
my
Lord
,
there
is
such
a
Statute
,
and
I
humbly
beseech
you
to
tender
them
the
Oaths
,
and
that
would
be
a
demonstration
,
that
they
were
Papists
,
and
then
they
could
be
no
good
Witnesses
.
L.
C.
J.
Holt.
You
say
well
,
if
we
could
find
such
a
Statute
,
that
no
Papist
should
be
a
Witness
;
but
there
is
no
such
.
Friend
.
My
Lord
,
I
beg
your
pardon
,
and
I
hope
you
will
not
take
it
amiss
,
I
offer
what
I
am
advised
to
offer
.
L.
C.
J.
Holt.
No
,
no
,
by
no
means
,
there
will
be
nothing
taken
amiss
.
Friend
.
For
the
Statute
of
the
25th
.
of
Edward
III.
and
that
of
the
30th
.
of
King
Charles
II.
and
that
of
the
3d.
of
King
James
I.
Cap.
4th
.
here
it
is
plainly
demonstrable
,
that
Papists
are
not
to
be
believed
against
any
Protestant
,
who
is
with
them
esteemed
a
Damnable
Heretick
;
and
then
they
believe
the
Pope
and
their
Priests
can
absolve
them
from
all
Oaths
,
and
they
are
declared
to
be
given
to
Evasions
,
and
Equivocations
,
and
mental
Reservations
,
and
can
have
Dispensations
for
all
their
Villanies
,
and
therefore
they
are
not
to
be
Credited
;
their
Evidence
is
of
no
value
,
unless
they
will
in
this
manner
upon
their
Oaths
renounce
these
Principles
;
therefore
I
humby
beg
they
may
have
the
Oaths
tendred
them
.
L.
C.
J.
Holt.
That
is
not
our
Business
now
.
Friend
.
And
,
my
Lord
,
your
Lordship
was
pleased
to
promise
me
that
if
any
Matter
of
Law
did
arise
,
my
Counsel
should
be
heard
.
L.
C.
J.
Holt.
First
let
us
know
whether
there
be
any
such
Law
as
this
you
mention
,
or
to
any
such
purpose
.
Friend
.
My
Lord
,
I
desire
my
Counsel
may
come
in
,
and
speak
to
it
.
For
my
Life
is
in
danger
,
and
so
is
every
honest
Gentleman's
Life
every
day
.
I
am
as
clear
as
the
Child
unborn
,
I
have
no
Witnesses
to
prove
any
thing
,
and
therefore
I
desire
my
Counsel
may
be
heard
.
L.
C.
J.
Holt.
If
the
Court
did
think
there
were
any
Colour
in
this
Objection
that
you
make
,
we
would
let
you
have
Counsel
,
we
would
do
it
;
nay
,
we
are
desirous
to
do
it
if
we
could
.
Friend
.
What
,
my
Lord
?
L.
C.
J.
Holt.
To
allow
you
Counsel
,
if
there
were
any
Colour
in
the
Objection
in
relation
to
Papists
not
being
Witnesses
.
I
would
be
glad
to
see
the
Counsel
that
would
own
this
Objection
:
but
indeed
,
I
see
no
Colour
in
it
;
the
Statute
shall
be
produced
that
you
quote
,
and
then
we
shall
see
whether
there
be
any
thing
like
it
in
that
Statute
.
Pray
will
you
read
those
Words
that
you
say
are
in
the
Statute
to
that
purpose
.
Friend
.
I
am
not
so
expert
to
know
the
Words
before
or
after
,
and
therefore
I
think
it
is
requisite
I
should
have
Counsel
.
L.
C.
J.
Holt.
It
is
supposed
you
have
had
Council
,
and
I
suppose
your
Counsel
that
have
advised
you
to
make
this
Objection
,
have
instructed
you
whereabouts
in
the
Statute
it
is
.
Friend
.
My
Lord
,
I
desire
my
Council
may
be
called
in
and
heard
to
it
.
L.
C.
J.
Holt.
I
tell
you
,
that
by
Law
we
cannot
hear
Counsel
to
any
such
Matter
that
has
no
colour
of
Objection
in
Law
in
it
;
tho'
for
my
part
,
I
wish
we
could
,
because
I
would
fain
hear
what
any
Counsel
can
say
to
make
out
such
an
Objection
,
that
Papists
are
not
good
Witnesses
.
Friend
.
My
Lord
,
I
wish
you
would
hear
my
Counsel
to
it
.
L.
C.
J.
Holt.
Look
ye
,
Sir
John
Friend
,
you
have
desired
that
this
Statute
may
be
turned
to
,
and
you
desire
to
have
them
read
,
and
they
shall
be
all
read
from
the
beginning
,
to
the
end
.
Friend
.
I
desire
the
Statutes
of
the
25th
of
Edw.
3.
the
3d
of
K.
James
the
1st
.
Cap.
4.
and
the
30th
of
K.
Charles
the
Second
may
be
read
.
L.
C.
J.
Holt.
What
Chapter
is
that
of
the
30th
of
King
Car.
the
2d
?
Friend
.
Really
it
is
not
put
down
in
my
Paper
.
L.
C.
J.
Holt.
Then
look
out
the
Chapter
,
while
he
is
reading
the
other
.
Look
ye
,
Gentlemen
of
the
Jury
,
Sir
John
Friend
does
desire
the
Statute
of
the
25th
of
Edw.
3.
may
be
read
,
which
is
the
Statute
about
Treasons
,
and
the
Statute
upon
which
he
is
Indicted
,
and
it
shall
be
read
,
therefore
pray
hearken
to
it
.
Reads
it
.
Cl.
of
Ar.
This
is
made
in
the
25th
year
of
King
Edw.
the
3d.
A
Declaration
which
Offences
shall
be
judged
Treason
.
Item
.
Whereas
divers
Opinions
have
been
before
this
time
,
in
what
Case
Treasons
shall
be
laid
,
and
what
not
.
Friend
.
My
Lord
,
I
beg
the
favour
I
may
speak
one
word
before
it
go
on
to
be
read
.
J.
C.
J.
Holt.
Yes
,
with
all
my
heart
.
Friend
.
I
speak
it
,
my
Lord
,
because
it
will
be
to
the
very
thing
now
in
question
,
I
am
advised
that
Consultation
to
Levy
War
is
no
Treason
,
without
Rebellion
and
Insurrection
,
and
inviting
Men
to
come
from
beyond
Sea
is
no
Treason
,
unless
a
Foreign
Prince
be
Invited
to
come
with
his
own
Subjects
;
for
English
,
Scotch
,
and
Irish
are
not
Enemies
,
but
Rebbels
,
and
to
be
dealt
with
otherwise
;
therefore
I
leave
it
to
your
Lordships
,
for
I
am
no
Lawyer
,
only
I
am
advised
to
insist
upon
these
things
.
(
Then
the
Statute
of
the
25th
of
Edw.
3.
about
Treasons
was
read
throughout
,
only
about
the
middle
the
Prisoner
made
some
interruption
.
Friend
.
I
believe
this
Statute
is
not
the
Statute
I
go
upon
,
that
which
I
mainly
insist
upon
,
is
the
Statute
of
the
third
of
King
James
the
First
,
Cap.
4.
Mr.
J.
Rokeby
.
This
is
the
same
Statute
you
are
Indicted
upon
,
the
great
Statute
for
Treasons
;
and
as
to
your
Objection
you
last
mentioned
,
what
is
Treason
,
and
what
is
not
,
he
is
not
yet
come
to
that
part
.
Friend
.
Well
,
then
let
him
go
on
with
it
.
It
was
read
to
the
end
.
L.
C.
J.
Holt.
Now
it
has
been
read
,
is
this
the
Statute
you
wou'd
have
?
Friend
.
There
must
needs
be
a
mistake
as
to
the
Chapter
,
it
is
set
down
the
25th
of
Edw.
the
Third
,
but
there
is
no
Chapter
.
L.
C.
J.
Holt.
Yes
,
this
must
be
the
Statute
,
it
relates
to
Treasons
,
and
it
has
those
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
James
is
it
that
you
mention
?
Friend
.
It
is
the
3d
of
King
James
1.
Cap.
4.
it
is
upon
account
of
tendring
the
Oaths
appointed
to
be
taken
by
that
Statute
,
and
—
(
reading
out
of
a
Paper
—
to
tell
the
Court
that
they
ought
to
have
the
Oaths
tendred
them
.
L.
C.
J.
Holt.
That
is
the
business
of
another
time
,
read
the
Statute
.
Cl.
of
Ar.
An
Act
for
the
Discovering
and
Repressing
of
Popish
Recusants
,
what
part
is
it
?
Friend
.
Truly
my
Lord
I
can't
tell
.
L.
C.
J.
Holt.
It
is
a
long
Statute
,
but
if
he
'll
have
it
read
,
it
must
be
read
all
.
Friend
.
My
Lord
,
I
would
not
give
the
Court
any
trouble
,
but
it
is
about
having
the
Oaths
tendred
to
them
.
Cl.
of
Ar.
I
believe
this
is
the
Paragraph
,
and
for
the
better
trial
how
his
Majesty's
Subjects
stand
affected
in
point
of
their
Loyalty
and
due
Obedience
,
&c.
(
A
great
part
of
the
Statute
was
read
,
relating
to
that
Matter
.
)
L.
C.
J.
Holt.
What
else
would
you
have
read
,
Sir
John
Friend
?
Friend
.
I
only
gather
from
thence
that
no
Roman
Catholick
is
capable
of
Swearing
against
a
Protestant
,
because
the
Pope
and
the
Priests
can
absolve
them
from
their
Oaths
.
L.
C.
J.
Holt.
Well
,
what
have
you
more
to
say
?
Friend
.
My
Lord
,
I
only
speak
this
as
to
Roman
Catholicks
,
they
do
not
regard
an
Oath
against
a
Protestant
,
because
they
have
their
Priests
that
can
absolve
them
,
and
therefore
how
such
a
Man's
Oath
can
weigh
any
thing
I
cannot
apprehend
;
therefore
if
I
have
omitted
any
thing
,
I
hope
your
Lordship
will
supply
it
,
as
you
are
my
Council
,
for
you
are
a
Council
for
me
,
as
well
as
the
King
.
L.
C.
J.
Holt.
Yes
,
yes
,
I
wou'd
help
you
in
any
thing
I
could
.
Friend
.
My
Lord
I
thank
you
,
I
desire
you
to
help
me
,
for
I
am
as
innocent
as
the
Child
unborn
,
whatsoever
these
Men
have
Sworn
,
these
are
hard
things
that
are
laid
upon
a
Gentleman
,
and
no
Man
is
safe
at
this
rate
,
they
being
Sworn
by
two
Papists
,
who
will
Swear
any
thing
against
Protestants
.
L.
C.
J.
Holt.
Look
ye
,
Sir
John
Friend
,
have
you
any
Witnesses
to
produce
that
these
two
Men
have
any
displeasure
or
malice
against
you
,
that
they
should
accuse
you
falsly
?
Friend
.
My
Lord
,
I
am
sorry
I
have
not
my
Witnesses
,
I
have
been
so
kept
up
,
that
I
had
not
time
for
People
to
come
to
me
;
I
had
not
my
Council
come
to
me
before
Saturday
.
L.
C.
J.
Holt.
How
hapened
that
?
Friend
.
My
Lord
,
there
was
a
mistake
in
that
,
I
think
it
was
Friday
,
either
Friday
,
or
Saturday
;
I
had
them
not
'till
Friday
in
the
Afternoon
;
I
was
kept
so
close
that
none
were
permitted
to
come
at
me
.
On
Thursday
I
had
an
Order
,
but
there
was
a
mistake
in
the
Order
,
and
I
desired
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
else
I
should
have
found
out
enough
Witnesses
.
Mr.
Attor
.
Gen:
I
am
sure
he
had
an
Order
for
Council
at
the
same
time
that
notice
was
given
him
of
his
Tryal
.
L.
C.
J.
Holt
,
When
was
that
?
Mr.
Attor
.
Gen.
On
Tuesday
,
my
Lord
.
L.
C.
J.
Holt.
What
say
you
to
it
,
Mr.
Baker
?
Mr.
Baker
.
My
Lord
,
I
did
attend
Sir
John
Friend
on
Tuesday
last
,
to
give
him
notice
of
his
Trial
as
this
day
;
and
I
at
the
same
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
pleased
to
name
to
me
Sir
Bartholow
Shower
;
I
took
the
liberty
to
tell
him
,
that
he
being
so
concerned
at
the
House
of
Lords
,
and
at
the
Committees
about
Parliamentary
business
,
some
other
Persons
that
had
named
him
of
their
Council
,
notwithstanding
Orders
were
procured
for
him
to
go
to
them
as
their
Council
,
yet
by
that
means
they
were
disappointed
of
him
,
and
great
delay
was
given
to
the
Prisoners
;
and
therefore
I
desired
him
to
consider
of
it
,
and
to
send
to
Sir
Bartholomew
Shower
,
and
any
other
Council
that
he
had
a
mind
to
,
and
know
their
pleasures
whether
they
would
attend
him
;
and
if
he
would
send
me
word
,
I
would
procure
an
Order
for
them
.
But
not
hearing
from
him
,
I
went
on
Wednesday
to
him
again
,
and
he
said
he
had
sent
to
Mr.
Northy
,
but
he
would
not
come
to
him
'till
he
had
spoke
with
Sir
Bartholomew
Shower
,
but
he
would
send
me
word
that
Night
,
yet
he
did
not
.
But
the
next
day
came
Mr.
Burleigh
to
me
to
the
Duke
of
Shrewsbury's
Office
,
and
brought
me
the
Names
of
the
Persons
that
he
would
have
assigned
him
of
Council
,
and
immediately
I
procured
an
Order
for
it
,
and
away
he
went
with
it
.
This
was
upon
the
Thursday
;
Mr.
Welden
,
and
Mr.
Cresset
,
or
one
of
them
was
named
in
the
Order
,
I
am
not
possitive
which
,
and
Mr.
Vnderhill
,
and
Mr.
Burleigh
were
to
be
admitted
to
him
.
Mr.
Burleigh
had
the
Order
,
if
he
did
not
carry
it
to
him
,
I
can't
help
that
.
L.
C.
J.
Holt.
When
was
that
Order
for
the
Council
?
Mr.
Barker
.
It
was
upon
Thursday
,
my
Lord
.
Friend
.
My
Lord
,
may
I
speak
?
L.
C.
J.
Holt.
Yes
,
yes
,
what
you
will
.
Friend
.
My
Lord
,
the
Reason
why
I
had
not
my
Witnesses
was
this
;
There
was
a
Gentleman
,
one
Colonel
Cash
,
Lieutenant
to
my
Lord
Lucas
,
he
undertook
to
go
,
and
put
in
his
Name
,
and
three
more
;
one
John
Neale
,
and
one
Philips
to
have
an
Order
to
go
about
to
look
after
my
Witnesses
,
but
they
did
not
put
in
any
one
of
these
Names
,
but
they
took
up
and
secured
my
Kinsman
Cash
,
and
put
him
into
the
Messengers
hands
,
and
would
not
suffer
me
to
have
any
of
his
assistance
,
therefore
I
saw
what
a
design
there
was
upon
me
.
Mr.
Attorn.
Gen.
As
for
Mr.
Cash
,
there
was
very
good
Reason
for
it
,
he
was
secured
for
suspicion
of
Treason
.
L.
C.
J.
Holt
,
If
you
had
wanted
any
Witnesses
,
and
had
not
been
so
fully
prepared
as
you
expected
to
be
,
you
should
have
moved
before
the
Tryal
came
on
to
put
it
off
.
Mr.
J.
Rokeby
.
But
,
my
Lord
put
a
question
to
you
before
,
can
you
shew
any
Reason
,
why
these
Persons
should
have
any
Malice
against
you
?
Friend
.
My
Lord
,
I
was
not
so
much
a
Lawyer
,
as
to
know
these
things
,
but
it
's
a
hard
thing
,
that
a
Man
that
's
Innocent
must
suffer
at
this
rate
,
I
have
been
dissappointed
in
every
thing
,
for
these
Gentlemen
have
not
been
permitted
to
Answer
whether
they
are
Roman
Catholicks
or
no.
Mr.
J.
Rokeby
.
Nor
have
your
Witnesses
proved
that
they
are
Roman
Catholicks
,
but
only
that
they
are
reputed
so
:
L.
C.
J.
Holt.
Well
,
I
can't
tell
what
avail
that
would
have
been
off
,
if
they
had
been
proved
so
.
Have
you
any
more
to
say
,
Sir
John
Friend
?
Friend
.
No
,
my
Lord
,
I
leave
it
to
God
,
and
you
,
and
the
Jury
to
Consider
of
it
.
Mr.
Sol.
Gen.
May
it
please
your
Lordship
,
and
you
Gentlemen
of
the
Jury
,
I
am
of
Counsel
in
this
Case
for
the
King
,
against
Sir
John
Friend
the
Prisonner
at
the
Bar
;
and
it
comes
to
my
turn
to
sum
up
the
Evidence
that
has
been
given
.
Sir
John
Friend
the
Prisonner
at
the
Bar
,
cannot
but
own
,
that
he
hath
hitherto
had
a
very
fair
,
Tryal
,
and
he
shall
have
no
reason
to
Complain
that
I
do
him
any
Injury
in
my
part
.
I
am
sure
both
he
,
and
you
,
and
all
of
us
,
very
well
remember
,
when
Persons
of
as
good
Quality
as
he
is
,
or
better
,
had
not
the
same
Usage
or
Liberty
of
Defence
,
in
such
Cases
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
safety
for
a
Man's
Life
,
much
less
for
his
Liberty
;
and
when
those
two
are
taken
away
,
and
are
Invaded
,
Property
signifies
nothing
.
The
time
was
when
the
Protestant
Religion
,
and
the
Church
of
England
,
of
which
the
Prisonner
boasts
himself
to
be
,
(
and
for
a
very
good
Reason
,
because
it
is
the
best
of
Religions
)
I
say
,
the
time
was
when
that
was
in
danger
;
and
when
Popery
(
for
which
he
now
reflects
upon
the
Witness
)
was
like
to
have
over-run
both
us
and
it
:
And
if
his
Majesty
,
with
the
hazard
of
his
Life
,
and
at
a
great
Expence
,
had
not
rescued
us
,
there
is
no
body
doubts
,
but
that
all
that
we
feared
at
that
time
,
would
have
been
made
good
upon
us
e're
now
.
And
it
is
a
Melancholy
thing
to
Consider
,
that
there
should
be
a
sort
of
People
amongst
us
,
so
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
Majesty
ventur'd
his
Life
then
,
and
has
done
it
several
times
since
to
defend
us
,
and
does
all
that
he
can
to
keep
our
Enemies
at
a
distance
,
there
should
be
a
Party
of
Men
,
that
do
what
they
can
to
Invade
their
Country
,
to
Destroy
his
Majesty's
Subjects
,
and
to
fall
upon
him
himself
,
when
he
is
present
amongst
us
.
I
will
not
accuse
the
Prisonner
at
the
Bar
particularly
,
tho'
it
is
plain
he
knew
of
it
.
Friend
.
Know
of
it
?
I
declare
before
God
,
and
the
World
,
I
know
nothing
of
it
.
Mr.
Soll.
Gen.
This
,
if
it
were
amongst
Equals
,
were
certainly
a
most
ungrateful
thing
,
when
another
Person
is
Fighting
in
my
Defence
,
that
I
should
design
against
his
Life
;
or
when
he
does
what
he
can
to
protect
my
Estate
,
I
should
be
Invading
and
Spoiling
his
.
Gentlemen
,
if
the
Prisonner
at
the
Bar
is
not
Guilty
of
what
he
is
Accused
of
,
and
what
you
have
heard
the
Witness
give
Evidence
of
,
then
nothing
of
this
does
relate
to
him
:
But
if
what
has
been
given
in
Evidence
against
him
is
true
,
then
the
Prisonner
at
the
Bar
is
one
of
those
Persons
,
that
has
done
all
he
can
to
make
this
Country
,
which
has
been
the
place
of
Retreat
for
all
Protestants
to
fly
to
,
from
Persecution
in
their
own
Countreys
:
I
say
,
to
make
it
as
Unsafe
for
them
,
as
that
from
which
they
came
.
Gentlemen
,
The
Evidence
against
him
,
is
first
Mr.
Porter
,
and
he
gives
it
in
Evidence
,
that
at
at
the
Old
King's
Head
in
Leaden-Hall-street
,
there
was
a
Meeting
of
the
Prisonre
,
and
Porter
,
and
several
others
,
in
order
to
Consider
the
best
means
,
how
to
bring
back
the
late
King
James
;
and
they
concluded
at
last
,
that
the
best
means
would
be
,
to
send
some
body
into
France
,
to
advise
the
late
King
James
,
to
borrow
of
the
French
King
10000
Men
,
1000
Horse
,
1000
Dragoons
,
and
8000
Foot
,
and
that
he
should
make
what
speed
he
could
to
land
with
them
here
,
and
to
Incourage
and
invite
him
to
do
so
;
they
promised
him
their
assistance
,
and
they
did
not
doubt
,
but
to
be
ready
to
meet
him
with
2000
Horse
at
his
Landing
.
Gentlemen
,
The
Person
that
was
pitched
upon
to
go
upon
this
Errand
,
was
Mr.
Chernock
,
a
Person
lately
Executed
for
the
Treasons
of
which
he
was
attainted
.
Mr.
Chernock
was
Diffident
whither
this
were
the
effect
of
sober
Consideration
,
and
therefore
would
not
undertake
to
carry
this
Message
,
'till
there
had
been
another
Meeting
of
the
same
Persons
;
to
see
whether
they
continued
in
the
same
Mind
.
Another
Meeting
accordingly
was
appointed
,
and
agreed
upon
,
and
that
was
at
Mrs.
Mountjoy's
Tavern
at
St.
James's
,
and
there
,
he
says
,
there
were
almost
all
the
Persons
that
were
in
Leaden-Hall-street
;
and
at
that
meeting
the
Question
being
askt
,
whether
they
were
of
the
same
Opinion
,
that
Mr.
Chernock
should
go
to
France
to
the
late
King
upon
that
Message
,
that
I
told
you
of
before
,
they
did
all
agree
to
abide
by
the
old
Resolution
;
that
he
should
go
,
and
make
as
speedy
a
return
as
he
could
,
and
bring
back
the
late
King's
Answer
.
Captain
Porter
tells
you
,
that
Mr.
Chernock
did
go
to
France
,
and
comes
and
brings
word
back
,
that
the
French
King
could
not
at
that
time
spare
that
Force
that
was
then
Desired
,
and
so
it
was
delayed
at
that
time
,
because
the
French
King
was
not
at
leisure
then
to
Employ
his
men
in
this
service
;
but
it
was
likely
to
have
taken
place
,
but
very
lately
,
if
the
Providence
of
God
had
not
prevented
it
.
Gentlemen
,
our
next
Witness
is
Captain
Blair
,
and
he
tells
you
,
that
about
2
Years
ago
.
Sir
John
Friend
the
Prisonner
at
the
Bar
,
show'd
him
a
Commission
that
he
had
received
from
the
late
King
James
,
to
raise
a
Regiment
of
Horse
,
of
which
he
was
to
be
Collonel
;
that
this
was
signed
James
Rex
at
the
top
,
and
Countersigned
by
my
Lord
Melford
,
and
it
was
in
Paper
.
And
that
there
was
a
great
many
Consultations
between
Sir
John
Friend
,
himself
,
and
others
about
the
raising
of
this
Regiment
,
and
providing
Officers
for
it
.
He
tells
you
he
was
to
have
been
Lieutenant
Collonel
,
and
was
to
procure
as
many
Officers
,
and
Troopers
as
he
could
;
and
he
tells
you
he
did
procure
several
Officers
;
and
he
names
them
;
one
Fisher
was
to
be
Eldest
Captain
,
one
Vernate
and
one
Hall
,
and
one
Bertram
,
and
that
Bertram
was
to
be
Lieutenant
to
Blair
in
his
own
Troop
.
Gentlemen
,
A
great
deal
of
the
Evidence
which
Captain
Blair
has
given
,
is
indeed
out
of
Sir
John
Friend's
own
Mouth
,
and
that
is
as
strong
an
Evidence
as
possibly
can
be
given
;
and
he
does
for
that
purpose
tell
ye
,
that
he
said
one
Evans
was
to
be
a
Captain
of
Horse
,
and
one
Collonel
Slater
was
grown
so
much
in
Sir
John
Friends
Favour
,
that
he
Rivalled
Captain
Blair
,
in
the
Opinion
of
Sir
John
Friend
;
and
Sir
John
Friend
for
that
Reason
,
would
have
two
Lieutenant
Collonels
,
whereof
Slater
was
to
he
one
.
Captain
Blair
says
,
he
took
that
amiss
,
that
any
one
besides
himself
should
be
in
that
Post
,
and
Resented
it
to
Sir
John
Friend
,
and
therefore
Sir
John
Friend
found
out
another
Office
for
Slater
;
and
that
was
to
be
a
Captain
of
a
Troop
of
Horse
,
that
should
consist
of
Non-swearing
Parsons
,
and
which
were
to
be
an
Independent
Troop
.
Gentlemen
,
He
tells
you
that
he
did
List
several
Men
,
but
the
particular
persons
,
tho'
he
has
Named
the
Officers
,
he
did
not
so
distinctly
remember
,
but
they
are
in
the
Paper
that
he
delivered
to
the
Council
,
which
he
has
not
about
him
:
He
tells
you
,
that
Sir
John
Friend
told
him
that
one
Richardson
was
another
Captain
of
Horse
,
and
the
like
of
one
Mr.
Cole
,
that
he
was
to
be
a
Captain
likewise
.
He
also
acquainted
you
,
Gentlemen
,
that
he
did
receive
from
Sir
John
Friend
several
summs
of
Money
,
and
he
acquaints
you
in
particular
with
the
manner
how
;
he
says
that
Sir
John
Friend
had
expended
100
l.
towards
the
300
l.
that
was
paid
for
the
escape
of
Coll.
Parker
out
of
the
Tower
:
and
that
Sir
John
Friend
was
to
be
reimbursed
by
Moneys
that
were
to
be
transmitted
from
King
James
at
St.
Germaine
.
He
tells
you
that
Piggot
had
received
the
Money
,
but
did
not
deal
with
Sir
John
Friend
so
fairly
as
to
pay
it
to
him
;
but
when
Captain
Blair
was
pressing
on
Sir
John
Friend
for
some
Money
,
Sir
John
Friend
was
contented
that
he
should
have
20
l.
provided
he
got
it
from
Piggot
out
of
this
100
l.
Captain
Blair
had
not
interest
enough
it
seems
to
get
it
himself
from
Piggot
,
but
he
applys
himself
to
one
Harrison
or
Johnson
,
(
for
it
seems
he
goes
by
both
those
names
)
a
Priest
,
who
had
an
interest
in
Piggot
,
by
by
which
means
he
got
20
l.
of
Piggot
,
and
this
he
says
was
in
June
or
July
last
.
Then
,
Gentlemen
,
he
tells
you
afterwards
,
he
was
pressing
upon
Sir
John
Friend
to
have
another
20
l.
and
Sir
John
Friend
was
contented
he
should
have
it
,
provided
he
had
it
from
Piggot
,
and
he
produces
ye
a
Letter
that
was
from
that
very
person
the
Prisoner
at
the
Bar
,
which
is
to
that
purpose
;
excusing
himself
that
Captain
Blair
had
not
heard
from
him
,
but
that
he
would
meet
him
at
such
a
time
,
and
at
such
a
Coffee-house
.
The
matter
indeed
is
not
directly
exprest
in
words
,
but
at
the
time
and
place
the
Prisoner
did
meet
Blair
,
and
there
was
Harrison
and
this
Piggot
,
and
there
5
l.
of
the
last
20
l.
was
paid
him
;
and
the
other
15
l.
was
paid
him
afterwards
:
and
he
swears
these
two
twenty
pounds
were
paid
to
him
by
Sir
John
Friend
,
upon
account
of
the
charge
that
Blair
had
been
at
in
drinking
with
,
and
treating
those
men
who
were
to
be
engaged
with
Sir
John
Friend
in
his
Regiment
.
Gentlemen
,
he
tells
you
likewise
,
that
Sir
John
Friend
told
him
he
had
written
a
Letter
to
King
James
,
and
he
shewed
him
this
Letter
,
and
this
was
at
that
Piggot's
Mothers
house
;
and
when
Blair
read
it
,
he
tells
you
he
thought
it
was
so
well
penned
,
that
he
did
apprehend
Ferguson
must
have
a
hand
in
it
,
and
that
it
was
none
of
Sir
John
Friend's
own
;
and
that
upon
this
Sir
John
Friend
was
angry
,
that
he
should
suspect
that
Sir
John
was
not
the
writer
of
this
Letter
;
all
this
shews
an
Intelligence
with
King
James
,
and
makes
out
all
the
rest
of
the
intended
Invasion
by
King
James
,
and
a
French
force
here
.
Captain
Blair
likewise
tells
you
,
Gentlemen
,
that
Sir
John
Fenwick
had
4
Troops
of
Horse
,
as
Sir
John
Friend
told
him
,
by
way
of
encouragement
,
which
were
all
ready
for
the
service
;
and
that
Ferguson
undertook
to
bring
a
number
of
men
,
and
was
to
be
one
himself
in
that
party
;
and
all
this
was
to
be
put
in
practice
when
the
Thoulon
Fleet
came
about
,
and
joyn'd
the
Brest
Fleet.
And
lastly
he
tells
you
,
when
he
went
in
the
Coach
with
Sir
John
Friend
,
Sir
John
told
him
they
must
act
very
warily
,
and
be
very
good
husbands
,
for
in
truth
it
had
cost
him
so
much
,
that
if
the
Fleet
did
not
come
soon
,
or
the
design
should
miscarry
,
he
should
want
Money
to
carry
on
his
Trade
.
All
this
positive
Evidence
is
of
the
Witnesses
own
knowledge
,
from
the
Prisoners
own
mouth
.
Against
this
Evidence
,
Gentlemen
,
he
takes
exception
;
that
the
2
Witnesses
are
Roman
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
Roman
Catholicks
were
not
good
Witnesses
.
A
Roman
Catholick
may
be
an
honest
man
,
notwithstanding
his
Religion
:
but
,
I
think
,
that
every
body
knows
that
men
who
have
been
ill
in
other
things
,
tho
Roman
Catholicks
,
may
as
to
those
particular
things
be
good
Witnesses
.
Nay
,
not
long
ago
,
but
on
Wednesday
last
we
produced
some
Witnesses
,
who
were
Roman
Catholicks
,
and
yet
allowed
for
good
Evidence
,
tho
ingaged
in
that
Horrid
Conspiracy
against
the
life
of
the
King
;
and
if
any
thing
would
have
taken
off
their
Evidence
,
certainly
the
Guilt
of
such
a
Crime
would
do
it
,
more
than
the
pretence
of
any
particular
perswasion
of
Religion
.
Nay
,
I
must
crave
leave
to
say
farther
,
that
this
argument
is
so
far
from
making
him
no
Witness
,
that
it
makes
it
the
more
likely
he
does
speak
the
truth
,
and
therefore
is
a
good
Witness
.
For
tho
Roman
Catholicks
may
be
honest
men
,
yet
they
are
more
likely
to
engage
in
such
a
Design
than
any
other
men
.
And
I
think
I
may
very
safely
add
,
Sir
John
Friend
would
not
have
found
so
many
that
he
could
ingage
in
such
a
business
as
this
,
that
were
of
any
Religion
but
the
Roman
Catholick
;
and
therefore
he
applied
himself
to
these
persons
,
as
most
likely
to
imbark
with
him
on
such
a
bottom
.
Gentlemen
,
as
to
what
Courtney
,
that
was
brought
from
the
Gate-house
says
,
about
his
discourse
with
Captain
Blair
in
the
Prison
;
Captain
Blair
has
upon
his
Oath
declared
,
that
he
did
not
go
so
far
as
to
say
,
he
did
any
thing
against
his
Conscience
,
but
only
Courtney
bid
him
take
care
what
he
swore
,
and
prest
him
no
further
.
He
pretends
he
came
casually
into
Blair's
Chamber
,
but
it
is
plain
he
intruded
into
his
Room
;
for
it
is
sworn
by
the
Jaylor
,
and
Blair
himself
,
that
he
had
given
directions
none
should
come
into
his
Room
but
his
Wife
,
so
that
does
not
discountenance
the
evidence
of
Blair
at
all
,
and
if
you
do
believe
what
our
Witnesses
have
said
,
Captain
Porter
and
Captain
Blair
,
then
Sir
John
Friend
is
guilty
of
all
the
Crimes
that
are
charged
upon
him
in
this
Indictment
,
and
I
hope
you
'll
be
so
just
to
your
Prince
,
to
your
Country
,
and
to
your Selves
,
as
to
find
him
guilty
accordingly
.
Mr.
Cowper
.
If
your
Lordship
pleases
to
spare
me
a
word
on
the
same
side
.
My
Lord
,
I
do
not
trouble
your
Lordship
out
of
an
apprehension
that
there
is
any
thing
necessary
to
be
said
to
the
Court
in
this
matter
,
or
for
the
satisfaction
of
the
Jury
,
but
,
if
possible
,
that
we
might
convince
the
Prisoner
at
the
Bar
,
that
he
has
had
no
hard
measure
in
this
prosecution
meeted
to
him
,
but
that
he
is
proved
guilty
of
the
Crime
of
which
he
stands
accused
,
and
that
really
there
is
no
weight
at
all
,
in
the
defence
which
he
has
made
.
The
first
part
of
it
goes
to
discredit
one
of
our
Evidences
,
Captain
Blair
,
from
some
discourse
that
he
would
object
to
have
pass'd
between
him
and
the
person
here
produced
,
in
the
Prison
of
the
Gate-house
.
And
the
first
part
of
that
discourse
was
,
upon
Blair's
first
coming
into
the
Prison
:
and
as
to
that
time
,
the
objection
amounts
to
no
more
than
this
;
that
Captain
Blair
would
not
confess
,
when
he
was
pump'd
by
a
fellow
Prisoner
,
that
he
was
engaged
in
so
horrid
a
design
;
what
weight
there
is
in
such
an
objection
,
truly
I
cannot
see
,
but
will
leave
it
to
any
mans
judgment
to
consider
,
That
a
man
when
he
is
freshly
taken
upon
such
an
occasion
,
does
not
immediately
confess
his
guilt
to
every
body
that
meets
him
,
nay
to
persons
that
would
not
have
lik'd
him
,
for
making
such
a
confession
,
but
perhaps
would
have
destroyed
him
in
Prison
for
so
doing
.
The
other
discourse
was
upon
Friday
,
the
next
day
,
I
think
,
before
Captain
Blair
went
to
Hick
s-hall
to
his
examination
;
and
then
he
intrudes
himself
into
Blair's
Chamber
,
when
he
lay
very
ill
upon
the
Bed
,
and
accosts
him
with
a
cup
of
Brandy
in
his
hand
,
and
with
good
advice
at
the
same
time
,
that
he
should
take
great
care
in
what
he
should
say
at
Hick's-hall
,
and
the
like
:
and
then
Captain
Blair
it
seems
,
did
express
some
reluctancy
in
the
thing
he
was
going
about
,
as
if
it
were
against
his
mind
and
inclination
.
If
that
were
true
,
(
tho
Captain
Blair
denys
it
positively
upon
his
Oath
)
yet
it
was
no
more
than
I
am
willing
to
observe
for
the
Prisoner
,
Captain
Blair
did
express
here
,
when
he
first
came
into
Court
;
and
it
is
no
more
than
what
is
natural
,
since
the
Prisoner
had
been
his
friend
and
intimate
,
and
he
was
going
to
Depose
that
against
him
,
which
was
likely
to
prove
fatal
to
him
.
My
Lord
,
as
to
another
part
of
his
Defence
,
it
consists
chiefly
in
this
;
the
Evidence
brought
to
prove
,
that
the
Kings
Witnesses
are
reputed
Roman
Catholicks
,
and
that
the
Prisoner
is
a
reputed
Protestant
of
the
Church
of
England
.
If
that
be
true
too
,
all
that
can
be
rationally
and
fairly
collected
from
thence
is
this
,
that
they
(
the
Witnesses
I
mean
)
when
they
engaged
in
such
a
black
and
execrable
design
might
be
very
good
Papists
;
but
I
am
sure
it
will
be
agreed
,
that
the
Prisoner
in
so
doing
was
a
very
bad
Protestant
.
My
Lord
,
he
objects
to
their
Evidence
this
likewise
,
that
if
they
be
Papists
they
may
be
absolved
by
the
Pope
,
or
their
Priests
,
tho
they
should
swear
falsely
.
Possibly
that
may
be
so
,
for
ought
I
know
;
I
confess
I
am
not
very
well
acquainted
with
the
principles
of
that
Religion
:
but
this
I
dare
say
,
that
every
one
who
has
heard
what
has
been
sworn
by
them
,
will
think
it
so
great
a
disservice
to
the
Popish
Cause
and
Interest
,
that
it
will
be
one
of
the
last
things
their
Priests
will
ever
absolve
them
of
.
My
Lord
,
there
's
another
matter
the
Prisoner
has
thought
fit
to
insist
upon
:
he
has
brought
two
or
three
Clergy-men
to
Depose
,
that
whenever
he
discoursed
with
them
(
it
seems
at
all
times
)
he
was
talking
about
being
in
a
Plot
,
and
very
readily
told
his
resolution
not
to
be
in
any
.
It
seems
it
still
swom
uppermost
;
his
professions
were
made
very
causelessly
;
for
they
all
say
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
discover
their
knowledge
of
a
secret
intrusted
to
them
,
is
,
by
a
repeated
and
unnecessary
declaring
,
that
they
know
nothing
of
the
matter
.
My
Lord
,
in
the
next
place
for
his
defence
,
he
just
offered
a
point
of
Law
;
but
the
Court
so
well
satisfied
him
in
that
,
that
I
think
he
waved
it
.
He
alleged
that
a
bare
Conspiracy
to
levy
War
is
not
Treason
,
and
the
Court
did
him
right
in
declaring
(
as
God
forbid
but
they
should
)
that
it
is
not
Treason
:
but
I
desire
the
Gentlemen
of
the
Jury
would
consider
,
that
the
Prisoner
at
the
Bar
is
not
accused
barely
of
a
Conspiracy
to
levy
War
,
but
you
are
told
to
what
end
that
war
was
to
be
levied
,
to
joyn
the
late
King
upon
his
descent
into
this
Kingdom
with
a
French
power
,
in
order
to
drive
his
Majesty
out
of
the
Kingdom
,
and
depose
him
from
the
Crown
;
which
is
a
killing
him
in
the
eye
of
the
Law
:
and
that
is
High
Treason
by
whatever
means
they
intended
to
effect
it
;
whether
by
War
or
a
Stab
,
or
any
other
manner
,
it
is
indifferent
.
In
the
next
place
,
my
Lord
,
I
would
take
notice
of
another
part
of
this
defence
,
which
had
been
better
let
alone
,
wherein
he
admits
that
he
was
present
at
the
2
meetings
he
is
accused
to
have
been
at
by
Porter
;
but
he
only
differs
in
one
point
,
that
there
was
nothing
talk'd
then
but
general
and
indifferent
discourse
.
The
Witnesses
have
sworn
what
the
discourse
was
,
and
you
will
weigh
the
one
against
the
other
;
his
affirmation
of
a
thing
unlikely
in
defence
of
himself
,
and
what
is
deposed
upon
Oath
by
the
Kings
Witnesses
to
the
contrary
.
My
Lord
,
there
is
one
thing
more
I
would
take
notice
of
,
and
that
is
the
Evidence
of
Bertram
,
which
we
do
not
produce
as
a
direct
Evidence
against
the
Prisoner
at
the
Bar
,
but
as
a
confirmation
of
what
was
sworn
by
Blair
.
And
it
does
shew
that
the
matter
,
sworn
by
Blair
,
was
not
of
late
devised
out
of
malice
,
or
otherwise
,
to
destroy
the
Prisoner
;
for
that
Blair
acquainted
Bertram
with
,
and
discoursed
him
about
the
principal
matters
of
fact
,
that
are
now
sworn
at
least
2
years
ago
;
and
besides
his
Evidence
and
the
Evidence
of
Blair
concur
in
this
particular
,
that
he
was
to
be
Lieutenant
in
Blair's
Troop
.
My
Lord
,
such
a
concurrence
of
Evidence
and
other
Circumstances
in
this
matter
,
greatly
increase
the
weight
of
the
proof
against
the
Prisoner
,
especially
when
there
is
nothing
material
alledged
by
him
in
his
defence
,
and
therefore
I
shall
trouble
your
Lordship
no
further
.
L.
C.
J.
Holt.
Look
ye
Gentlemen
of
the
Jury
,
Sir
John
Friend
,
the
Prisoner
at
the
Bar
,
is
Indicted
for
High
Treason
.
The
Treason
that
is
mentioned
in
the
Indictment
is
,
Conspiring
,
Compassing
,
and
Imagining
the
Death
and
Destruction
of
the
King
.
To
prove
the
Conspiracy
and
design
of
the
Kings
death
,
there
are
two
principal
Overt
Acts
that
are
mainly
insisted
upon
.
The
one
is
the
consulting
and
agreeing
with
diverse
others
to
send
Mr.
Charnock
into
France
,
to
King
James
,
to
desire
him
to
perswade
the
French
King
to
send
over
forces
here
to
assist
them
;
who
were
to
furnish
other
forces
for
the
raising
of
a
War
within
this
Kingdom
,
in
order
to
Depose
the
King
;
and
accordingly
Mr.
Charnock
was
sent
upon
that
design
.
The
other
Overt
Act
is
the
Prisoners
having
a
Commission
from
the
late
King
,
and
preparing
and
directing
men
to
be
levied
,
and
to
be
ready
to
be
in
a
Regiment
,
of
which
Sir
John
Friend
was
by
that
Commission
to
be
Collonel
,
and
this
was
also
to
assist
in
the
Restitution
of
King
James
,
and
in
order
thereunto
in
the
Deposing
and
expulsion
of
King
William
.
These
,
Gentlemen
,
I
tell
you
are
the
two
Overt
Acts
that
are
principally
insisted
upon
;
and
to
prove
Sir
John
Friend
Guilty
of
these
there
are
two
Witnesses
that
have
been
produced
,
the
one
is
Captain
Porter
,
who
speaks
to
the
first
,
the
other
is
Captain
Blair
,
who
speaks
to
the
second
.
Captain
Porter
tells
you
,
that
the
latter
end
of
May
,
or
the
beginning
of
June
last
,
that
he
and
Sir
John
Friend
,
and
others
that
he
mentioned
,
were
at
the
Kings-head
Tavern
in
Leadenhall-street
,
and
there
they
entered
into
a
discourse
about
the
Returning
of
the
late
K.
James
;
and
they
did
consider
among
themselves
which
was
the
most
effectual
way
,
and
what
were
the
most
probable
means
to
have
him
Restored
:
and
thereupon
it
was
agreed
among
them
,
that
they
would
send
a
Messenger
into
France
to
him
,
to
desire
him
that
he
would
sollicit
the
French
King
to
furnish
him
with
10000
men
,
to
be
sent
into
England
,
8000
Foot
,
1000
Horse
,
and
1000
Dragoons
;
and
they
did
agree
,
that
when
these
forces
,
were
sent
,
consisting
of
this
number
of
men
,
then
they
would
be
ready
to
meet
and
joyn
them
with
2000
Horse
,
every
one
of
them
was
to
furnish
his
quota
;
to
which
Sir
John
Friend
did
expressly
agree
.
The
Messenger
that
they
agreed
to
send
was
with
them
in
company
,
and
heard
the
Consult
,
which
was
Mr.
Charnock
,
who
was
lately
Tryed
and
since
Executed
.
This
being
at
that
time
determined
,
Mr.
Charnock
intended
to
go
upon
the
execution
of
that
design
,
and
made
ready
for
his
Journey
:
but
before
he
went
,
he
had
a
desire
to
meet
with
the
company
again
,
and
have
a
further
discourse
upon
this
matter
,
to
see
whether
they
did
persevere
in
the
resolution
they
had
so
taken
.
There
was
another
meeting
about
a
week
or
a
fortnight
after
,
which
was
at
Mr.
Montjoy
s
,
a
Tavern
in
St.
James's-street
,
where
met
Sir
John
Friend
,
Captain
Porter
,
and
divers
others
of
the
Company
that
were
before
at
the
Kings
Head
.
And
there
they
entered
into
a
debate
of
the
matter
again
;
the
question
there
was
whether
Mr.
Charnock
should
be
sent
into
France
,
as
it
was
formerly
agreed
,
and
there
it
was
again
determined
he
should
go
,
to
which
he
agreed
,
and
Captain
Porter
says
that
he
did
go
about
2
or
3
days
after
.
Mr.
Porter
tells
you
further
,
that
about
the
time
that
Mr.
Charnock
came
back
,
Mr.
Porter
was
in
Prison
,
and
he
did
not
see
him
upon
his
first
return
,
but
afterwards
he
met
and
spoke
with
him
,
and
askt
him
what
was
the
effect
of
his
Negotiation
,
and
Mr.
Charnock
told
him
,
that
he
had
done
as
he
was
directed
;
that
he
had
been
with
King
James
,
and
he
had
spoke
to
the
French
King
,
but
the
answer
returned
was
this
,
that
the
French
King
had
occasion
for
his
Forces
that
year
to
be
otherwise
imployed
,
and
therefore
he
could
not
furnish
such
a
number
of
men
that
year
;
and
Mr.
Porter
askt
him
whether
he
had
been
with
the
rest
of
the
Gentlemen
and
acquainted
them
therewith
,
and
he
said
he
had
.
This
is
the
substance
of
Mr.
Porter's
Evidence
;
whereby
you
may
perceive
what
the
meetings
were
for
,
what
resolutions
were
there
taken
,
and
what
was
the
issue
and
effect
of
them
.
The
next
Witness
is
Captain
Blair
,
and
his
Evidence
goes
to
the
other
part
,
that
is
,
to
Sir
John
Friend
s
having
a
Commission
from
the
late
King
James
,
and
engaging
him
and
others
to
be
in
his
Regiment
,
whereof
Sir
John
was
to
be
Collonel
,
and
the
providing
of
Officers
.
And
for
that
the
Evidence
stands
thus
.
Captain
Blair
tell
ye
,
that
about
two
or
three
years
ago
,
he
was
with
Sir
John
Friend
at
his
Lodgings
in
Surrey-street
,
and
there
he
did
produce
a
Commission
that
he
had
from
King
James
to
be
Collonel
of
a
Regiment
of
Horse
;
he
was
to
raise
it
himself
,
and
was
to
appoint
,
and
provide
what
Officers
he
thougt
fit
.
He
says
he
read
the
Commission
and
it
was
signed
at
the
top
James
Rex
,
and
countersigned
at
the
bottom
Melfort
;
this
he
is
positive
in
,
and
further
,
that
Sir
John
Friend
did
promise
that
he
should
be
Lieutenant
Collonel
of
this
Regiment
,
and
also
desired
that
Captain
Blair
wou'd
get
as
many
men
as
he
could
,
and
that
there
were
other
Officers
that
were
appointed
in
that
Regiment
,
and
particularly
one
Fisher
was
brought
to
Sir
John
Friend
by
Captain
Blair
,
to
be
his
first
Captain
,
and
one
Collonel
Slater
who
was
much
in
favour
with
Sir
John
Friend
,
was
to
have
been
another
Lieutenant
Collonel
;
for
said
Sir
John
Friend
,
I
have
a
mind
to
him
to
be
my
Lieutenant
Collonel
,
and
tho
you
are
so
too
yet
it
is
no
matter
,
if
we
have
two
in
this
Regiment
,
at
which
Captain
Blair
took
very
great
offence
,
and
exprest
as
much
to
Sir
John
Friend
,
whereupon
Sir
John
Friend
told
him
,
it
should
not
be
so
,
but
said
he
would
make
another
Provision
for
Mr.
Slater
;
that
he
should
be
a
Captain
of
an
Independant
Troop
,
that
shall
be
composed
of
Non-swearing
Parsons
,
and
that
shall
satisfy
him
.
And
Sir
John
Freind
did
intrust
Capt.
Blair
with
the
providing
of
Men
and
managing
of
them
.
And
Capt.
Blair
tells
you
,
he
was
at
a
great
deal
of
charge
,
and
laid
out
diverse
Summs
to
caress
them
,
and
keep
them
together
,
and
wanting
Money
to
proceed
in
that
Affair
,
he
came
to
Sir
J.
Freind
,
and
made
great
Complaints
,
that
he
wanted
Money
to
carry
on
the
Design
,
by
obliging
the
Men
to
keep
together
,
and
herefore
pressed
to
Sir
John
Freind
to
furnish
him
with
some
Money
;
says
Sir
John
,
there
is
100
l.
due
to
me
,
because
I
laid
down
100
l.
to
further
the
Escape
of
Coll.
Parker
,
and
Piggot
has
received
it
,
and
had
Directions
to
pay
it
me
,
but
I
cannot
yet
get
it
.
You
shall
have
20
l.
out
of
that
100
l.
if
you
can
get
it
.
Well
,
but
how
is
that
20
l.
to
be
had
?
It
seems
there
was
one
Harrison
or
Johnson
a
Priest
,
who
had
some
Interest
in
this
Piggot
,
and
he
was
to
help
him
to
it
;
and
thereupon
the
20
l.
was
actually
paid
the
latter
end
of
June
or
the
beginning
of
July
last
.
This
20
l.
he
swears
he
did
receive
upon
that
account
,
by
the
Direction
of
Sir
John
Freind
,
to
be
so
imploy'd
as
you
have
been
told
.
Then
Captain
Blair
had
occasion
for
more
Money
,
which
was
sometime
after
Michaelmas
last
,
which
was
to
be
employ'd
as
the
former
was
:
and
he
was
very
importunate
to
obtain
it
of
Sir
John
Freind
;
at
length
he
did
obtain
it
,
as
he
tells
you
,
and
the
manner
how
.
He
produces
a
Letter
under
Sir
John
Freind's
own
hand
,
which
seems
to
be
an
Answer
to
a
Letter
that
Capt.
Blair
had
sent
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
Blair
;
the
Letter
bears
date
of
a
Tuesday
Morning
,
and
is
directed
to
Capt.
Blair
,
and
a
Porter
brought
it
,
as
he
thinks
,
to
his
House
;
and
thereby
it
was
appointed
they
should
meet
on
Thursday
next
at
Jonathan's
Coffee-House
about
the
hour
of
Twelve
;
and
accordingly
Capt.
Blair
came
to
Jonathan's
Coffee-House
,
where
he
accordingly
met
with
Sir
John
Freind
,
and
there
was
Harrison
the
Priest
and
Piggot
,
and
there
he
does
receive
a
Summ
of
Money
upon
the
same
Account
:
so
that
now
the
proof
of
this
Letter
does
not
depend
barely
upon
the
knowledge
of
the
hand
,
but
the
Contents
of
it
,
and
the
subsequent
meeting
at
the
time
and
place
mentioned
in
the
Letter
is
a
great
Evidence
that
it
was
Sir
John
Freind's
hand-writing
,
and
more
Money
is
prov'd
to
be
actually
paid
in
the
presence
of
Sir
John
Freind
,
which
is
the
most
material
part
of
the
Evidence
.
And
you
are
told
further
,
that
that
as
Sir
John
Freind
and
Capt.
Blair
were
going
together
in
a
Coach
from
Jonathan's
Coffee-House
to
St.
Martins
le
Grand
,
there
was
a
Discourse
between
them
;
and
Sir
John
Freind
said
,
for
his
part
he
would
not
stir
till
such
time
as
the
Toulon
Fleet
was
come
about
,
and
joyned
with
the
Brest
Fleet.
That
he
did
think
he
was
in
danger
of
being
apprehended
when
it
come
about
,
and
therefore
Capt.
Blair
was
to
sculk
till
then
,
as
he
himself
told
him
he
would
do
,
but
yet
he
should
get
what
Men
he
could
.
And
this
is
a
great
Argument
of
his
being
concerned
in
the
intended
Invasion
,
and
that
his
making
Preparation
for
his
Regiment
,
had
relation
to
the
French
Invasion
,
which
was
expected
.
It
seems
two
years
ago
,
there
being
a
great
Intimacy
between
Blair
and
Sir
John
Freind
,
as
appears
by
all
the
Evidence
,
Blair
was
acquainted
with
this
Design
.
For
you
are
told
of
the
Letter
that
was
writ
by
him
to
King
James
,
which
he
shew'd
to
Capt.
Blair
,
and
it
was
concerning
his
Regiment
;
he
says
,
that
Sir
John
Freind
own'd
he
writ
that
Letter
himself
,
that
Blair
did
read
the
Letter
,
and
finding
it
so
well
penn'd
,
he
said
,
that
he
thought
Ferguson
had
a
hand
in
it
,
at
which
Sir
John
Freind
was
angry
;
but
Blair
says
,
the
Letter
was
concerning
the
Regiment
of
which
Sir
John
Freind
was
Coll.
Then
Gentlemen
,
you
have
Bertram
called
to
prove
,
that
Blair
did
tell
him
,
that
he
was
to
be
his
Lieutenant
Coll.
which
was
long
before
there
was
any
Thoughts
of
any
Discovery
of
this
intended
Invasion
,
and
before
the
Discovery
of
the
Plot
of
Assassination
,
which
Sir
John
Freind
did
own
he
had
some
knowlegde
of
,
but
he
disliked
it
,
and
said
it
would
ruine
King
James's
Affairs
.
So
that
Gentlemen
,
I
think
this
is
the
Summ
and
Substance
of
the
Evidence
that
has
given
upon
this
Occasion
against
Sir
John
Freind
,
to
induce
you
to
believe
him
been
to
be
guilty
of
this
Crime
with
which
he
now
stands
charged
.
But
now
you
are
to
consider
what
Sir
John
Freind
says
on
behalf
of
himself
.
In
the
first
place
,
he
makes
an
Objection
against
the
Credit
of
all
these
Witnesses
,
that
they
are
not
to
be
believed
,
because
,
says
he
,
they
are
known
or
reputed
to
be
Roman
Catholicks
and
Papists
,
and
their
Consciences
,
and
their
Oaths
are
large
,
especially
when
thereby
they
think
they
can
do
an
Injury
to
any
Protestant
;
and
therefore
they
are
not
to
be
allowed
as
Witnesses
,
at
least
their
Credit
is
not
sufficient
to
induce
a
Jury
to
believe
them
.
At
first
indeed
he
urged
there
was
a
Statute
and
a
Law
that
did
disable
them
from
being
Witnesses
;
but
I
must
tell
you
there
is
no
such
Statute
,
nor
indeed
is
their
being
Papists
any
Diminution
at
all
to
the
Credit
of
their
Testimony
;
for
Papists
are
legal
Witnesses
,
and
tho'
there
are
severe
Laws
to
punish
them
for
their
Non-Conformity
to
the
Church
of
England
,
and
for
other
their
Popish
Practices
;
yet
I
know
of
no
Law
that
renders
them
infamous
,
or
incapable
of
being
Witnesses
.
For
you
are
to
consider
,
Papists
are
Christians
,
and
swear
by
the
same
Evangelists
that
Protestants
doe
;
and
as
for
that
supposition
,
that
they
look
upon
Protestants
as
Hereticks
,
and
can
have
a
Dispensation
for
any
Oaths
that
they
take
against
them
;
you
are
to
consider
,
as
it
has
been
very
well
observed
by
the
King's
Councel
,
that
they
are
never
like
to
obtain
any
Dispensation
or
Pardon
,
if
they
should
forswear
themselves
to
defeat
the
Designs
of
the
Popish
Party
;
and
therefore
it
is
a
very
Inconsiderable
Objection
,
and
in
this
case
hath
no
weight
.
But
then
he
does
insist
upon
it
,
that
Capt.
Blair
is
not
to
be
believed
,
and
there
are
two
Objections
he
makes
against
him
.
First
,
That
he
did
deny
that
he
knew
any
thing
of
the
Plot.
For
Blair
being
upon
this
occasion
brought
Prisoner
to
the
Gate-House
,
and
afterwards
upon
a
Discourse
of
some
News
in
the
Flying
Post
,
wherein
it
was
mention'd
,
that
Capt.
Blair
had
confest
all
,
and
made
a
full
Discovery
,
that
thereupon
he
should
say
,
He
was
innocent
of
the
Plot
,
and
knew
nothing
of
it
.
You
Gentlemen
are
to
consider
the
Weight
of
this
Objection
.
First
,
Suppose
he
had
said
so
,
it
might
be
,
he
was
not
willing
(
as
he
was
not
oblig'd
)
to
own
it
,
and
would
not
confess
it
at
that
time
,
and
to
these
Persons
.
It
was
not
his
Interest
and
Prudence
to
be
too
open
;
and
therefore
it
does
not
follow
,
that
because
a
Man
would
not
trust
others
with
his
Confession
,
but
deny'd
his
knowledge
of
a
Plot
when
there
was
no
occasion
for
him
to
own
it
,
that
now
he
swears
it
positively
,
therefore
he
should
swear
falsly
.
But
secondly
,
Capt.
Blair
who
was
called
for
the
Vindication
of
himself
,
and
his
Testimony
has
upon
his
Oath
declared
to
you
,
that
he
did
not
say
he
knew
not
any
thing
of
the
Plot
,
but
did
deny
any
Concern
in
,
or
Knowledge
of
the
Assassination
.
Now
this
business
,
for
which
Sir
John
Freind
is
tried
,
is
not
for
being
a
Party
in
the
design'd
Assassination
,
but
of
a
Design
with
force
to
Depose
the
King
,
and
restore
King
James
.
Then
as
to
the
other
matter
that
was
upon
Friday
Night
last
;
Courtney
the
Witness
says
,
That
he
came
to
Capt.
Blair's
Chamber
,
and
took
notice
of
his
being
to
be
a
Witness
at
Hick's
Hall
the
next
day
,
and
said
I
pray
God
direct
you
;
and
he
says
his
Wife
,
then
present
,
said
it
was
against
his
Conscience
,
and
he
seem'd
to
be
in
very
great
trouble
about
it
,
and
owned
as
much
.
But
〈◊〉
Capt.
Blair
himself
,
being
examined
upon
his
Oath
,
does
deny
positively
that
either
he
or
she
said
any
such
thing
as
that
it
was
against
his
Conscience
:
he
says
,
that
Courtney
got
in
to
him
on
purpose
to
surprize
him
,
and
he
was
aware
of
it
,
and
his
Design
being
to
keep
himself
free
from
all
Company
,
he
gave
directions
to
the
Keeper
(
as
the
Keeper
himself
swears
)
to
let
no
body
come
to
him
but
his
Wife
;
and
Mr.
Courtney
intruded
himself
upon
him
.
Besides
,
Gentlemen
,
you
are
to
consider
the
Probability
of
that
which
Mr.
Courtney
saith
:
when
a
man
is
to
be
a
Witness
the
next
day
upon
Bill
of
Indictment
before
a
Grand
Jury
,
that
he
should
be
so
indiscreet
,
as
to
tell
any
Body
he
was
going
to
swear
against
his
Conscience
,
is
strange
and
very
unaccountable
.
You
are
therefore
to
consider
of
this
whole
Matter
,
what
Evidence
Capt.
Blair
has
given
,
and
the
Import
of
it
,
and
the
Weight
and
Credibility
of
that
Evidence
which
is
given
against
him
.
Then
Sir
John
Freind
insists
upon
another
Matter
;
says
he
,
I
am
a
Protestant
,
and
it
is
not
likely
,
that
I
that
am
a
Protestant
should
conspire
with
Papists
against
Protestants
;
and
for
that
he
has
called
eight
Witnesses
,
who
tell
you
they
have
known
him
,
some
twenty
Years
,
some
more
,
others
ten
,
and
that
they
have
frequently
converst
with
him
,
and
never
knew
that
he
was
ever
Popishly
affected
,
and
they
have
been
frequently
in
his
Company
since
the
Revolution
,
and
they
never
knew
that
at
any
time
he
reflected
upon
the
Government
;
nay
,
I
think
one
said
,
that
once
he
did
reprove
a
Man
for
talking
undecently
of
the
Government
;
that
he
used
constantly
to
go
to
Church
4
or
5
Years
ago
(
tho'
there
is
no
account
of
that
since
.
)
And
particularly
there
is
one
Mr.
Lufton
that
was
his
Chaplain
,
and
he
tells
you
he
was
in
his
House
;
and
there
he
read
the
Common-Prayer
in
the
Family
since
the
Revolution
,
and
pray'd
for
the
King
and
the
late
Queen
,
and
Sir
John
Freind
was
often
present
at
the
Prayers
;
and
particularly
when
he
prayed
for
the
present
King
,
and
the
late
Queen
;
but
he
says
he
himself
has
been
gone
thence
Five
years
,
and
has
been
little
Conversant
with
him
since
.
There
is
another
Witness
tells
you
,
he
has
been
in
Sir
John
Freind's
Company
divers
times
,
whom
he
believes
to
be
a
Protestant
of
the
Church
of
England
,
and
hath
had
Discourse
concerning
the
present
Government
;
and
that
Sir
John
Freind
said
,
that
tho'
he
could
not
take
the
Oaths
,
and
thereby
Conform
to
the
Government
,
yet
he
was
resolved
to
live
quietly
under
it
;
and
would
not
ingage
in
any
manner
of
Plot
;
for
he
that
catch'd
him
in
the
Corn
,
should
put
him
in
the
Pound
.
This
is
the
Summ
and
Substance
of
the
Evidence
on
both
sides
;
and
you
,
Gentlemen
,
are
to
consider
the
Weight
of
this
part
of
his
Defence
too
;
whether
it
be
a
sufficient
Answer
to
the
Evidence
given
against
him
,
and
has
Weight
enough
to
out-ballance
what
the
Witnesses
for
the
King
have
Sworn
?
For
altho'
he
was
a
Protestant
,
yet
it
is
plain
he
had
no
great
Liking
to
the
Government
;
and
therefore
would
not
take
the
Oaths
;
and
tho'
he
was
present
at
the
Common-Prayer
;
when
the
King
and
Queen
were
prayed
for
,
yet
whether
he
joyned
in
those
Prayers
,
is
very
uncertain
.
There
are
a
great
many
,
who
are
not
very
well
affected
to
the
Present
Government
,
that
come
to
Church
,
and
are
present
at
the
Publick
Prayers
;
but
it
may
be
a
very
great
Doubt
whether
they
joyn
in
their
Prayers
for
the
Present
Government
or
no
;
his
Conscience
,
that
scruples
the
taking
the
Oaths
,
might
scruple
that
too
.
But
whether
Sir
John
Freind's
being
a
Protestant
,
and
his
Declaring
he
would
never
be
in
a
Plot
,
be
a
sufficient
Proof
;
that
therefore
he
never
was
in
one
;
and
that
his
former
Discourse
of
that
kind
should
Discredit
these
Witnesses
,
that
have
Sworn
he
has
been
so
much
concerned
in
a
Plot
,
you
are
to
consider
;
and
comparing
the
Weight
,
and
Nature
of
the
Evidence
on
the
one
side
,
and
the
other
,
it
must
be
left
to
your
Determination
.
Then
there
is
another
thing
that
he
did
insist
upon
,
and
that
is
matter
of
Law
.
The
Statute
of
the
25ᵒ
Ed.
3.
was
read
,
which
is
the
great
Statute
about
Treasons
;
and
that
does
contain
divers
Species
of
Treason
,
and
Declares
what
shall
be
Treason
.
One
Treason
is
the
Compassing
,
and
Imagining
the
Death
of
the
King
;
another
is
the
Levying
of
War
:
Now
,
says
he
,
here
is
no
War
actually
Levied
;
and
a
bare
Conspiracy
or
Design
to
Levy
War
,
does
not
come
within
this
Law
against
Treason
.
Now
for
that
,
I
must
tell
you
,
if
there
be
onely
a
Conspiracy
to
Levy
War
,
it
is
not
Treason
.
But
if
the
Design
and
Conspiracy
be
either
to
Kill
the
King
,
or
to
Depose
him
,
or
Imprison
,
or
put
any
Force
or
Restraint
upon
him
,
and
the
Way
and
Method
of
effecting
of
these
,
is
by
Levying
a
War
,
there
the
Consultation
,
and
the
Conspiracy
to
Levy
a
War
for
that
purpose
,
is
High-Treason
,
tho'
no
War
be
Levied
for
such
Consultation
and
Conspiracy
,
is
an
Overt-Act
,
proving
the
Compassing
the
Death
of
the
King
,
which
is
the
first
Treason
,
mentioned
in
the
Statute
of
the
25th
of
Ed.
3d.
For
the
Words
of
that
Statute
are
;
That
if
any
Man
shall
Compass
,
or
Imagine
the
Death
of
the
King
.
Now
because
a
Man
Designs
the
Death
,
Deposition
,
or
Destruction
of
the
King
,
and
to
that
Design
,
Agrees
and
Consults
to
Levy
War
;
that
this
should
not
be
High-Treason
,
if
a
War
be
not
actually
Levied
,
is
very
strange
Doctrine
,
and
the
Contrary
has
always
been
held
to
be
Law
.
There
may
a
War
be
Levied
without
any
Design
upon
the
King's
Person
,
or
Endangering
of
it
;
which
if
actually
Levied
,
is
High-Treason
;
but
a
bare
Designing
to
Levy
War
,
without
more
,
will
not
be
Treason
.
As
for
Example
;
[
*
](B17220-e51990-b)
*
Rising
with
Force
,
to
pull
down
all
Inclosures
,
to
expell
Strangers
,
to
pull
down
Bawdy-Houses
,
is
Levying
of
War
,
and
Treason
;
but
a
bare
Purposing
and
Designing
to
raise
such
a
Force
for
such
a
Purpose
,
is
not
Treason
.
If
persons
do
Assemble
themselves
,
and
Act
with
Force
in
opposition
to
some
Law
which
they
think
inconvenient
,
and
hope
thereby
to
get
it
repealed
,
this
is
Levying
a
War
and
Treason
,
tho'
Purposing
and
Designing
it
is
not
so
;
so
when
they
endeavour
in
great
Numbers
with
Force
to
make
some
Reformation
of
their
own
heads
,
without
pursuing
the
Methods
of
the
Law
,
that
is
a
Levying
of
War
,
and
Treason
,
but
the
Purposing
and
Designing
it
is
not
so
.
But
if
there
be
,
as
I
told
you
,
a
Purpose
and
Design
to
Destroy
the
King
,
and
to
Depose
him
from
his
Throne
,
or
to
Restrain
him
,
or
have
any
Power
over
him
,
which
is
proposed
or
designed
to
be
effected
by
War
that
is
to
be
Levied
,
such
a
Conspiracy
and
Consultation
to
Levy
War
for
the
bringing
this
to
pass
,
is
an
Overt-Act
of
High-Treason
.
So
that
,
Gentlemen
,
as
to
that
Objection
,
that
he
makes
in
Point
of
Law
,
it
is
of
no
force
,
if
there
be
Evidence
sufficient
to
convince
you
,
that
he
did
Conspire
to
Levy
War
for
such
an
end
.
Gentlemen
,
the
Evidence
you
have
heard
what
it
is
,
you
may
consider
the
Weight
of
it
,
and
the
Circumstances
that
do
attend
it
;
and
likewise
the
Answers
that
have
been
given
by
the
Prisoner
to
Invalidate
that
Evidence
,
and
to
prove
the
Improbability
of
what
they
have
testified
against
him
.
You
have
heard
,
I
say
,
the
Evidence
on
the
one
side
,
and
the
other
;
If
you
are
not
satisfied
that
what
the
Witnesses
have
Sworn
is
true
,
that
Sir
John
Freind
did
Ingage
in
such
a
Design
for
such
a
purpose
,
then
you
are
to
acquit
him
;
but
on
the
other
side
,
if
you
believe
that
Sir
John
Freind
is
Guilty
of
what
the
Witnesses
have
Deposed
against
him
,
then
you
are
to
find
him
Guilty
.
Juryman
.
My
Lord
,
we
desire
we
may
have
that
Letter
with
us
that
was
produced
here
.
L.
C.
J.
Holt.
No
,
no
,
you
cannot
have
it
by
Law
.
Juryman
.
May
it
not
be
left
with
the
Foreman
,
my
Lord
?
L.
C.
J.
Holt.
No
,
but
you
may
look
upon
it
in
Court
before
you
go
away
if
you
will
.
Then
the
Letter
was
handed
to
the
Jury
,
and
one
of
them
handed
it
to
the
Prisoner
.
L.
C.
J.
Holt.
Why
do
you
do
so
?
you
should
not
give
the
Prisoner
the
Letter
.
Juryman
.
It
was
done
to
see
whether
it
was
his
hand
:
and
we
desire
,
if
there
be
any
body
here
that
knows
his
hand-writing
,
or
that
saw
him
write
it
,
may
be
produced
.
L.
C.
J.
Why
?
Did
not
he
own
the
Letter
to
the
Witness
afterwards
?
It
was
Sworn
to
you
he
did
;
and
that
he
met
according
to
the
Appointment
in
the
Letter
,
and
that
Money
was
paid
.
Then
the
Jury
withdrew
to
Consider
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
Prisoner
was
brought
to
the
Bar.
Cl.
of
Arr.
Gentlemen
,
Answer
to
your
Names
,
Thomas
Clark
—
Mr.
Clark
.
Here.
(
And
so
did
all
the
rest
of
the
Twelve
.
)
Cl.
of
Arr.
Gentlemen
,
are
you
agreed
of
your
Verdict
?
Jury
.
Yes
.
Cl.
of
Arr.
Who
shall
say
for
you
?
Jury
.
Our
Foreman
.
Cl.
of
Arr.
Sir
John
Freind
,
hold
up
thy
Hand
,
(
which
he
did
)
Look
upon
the
Prisoner
;
How
say
ye
,
is
he
Guilty
of
the
High-Treason
whereof
he
stands
Indicted
,
or
Not
Guilty
?
Foreman
.
Guilty
,
my
Lord
.
Cl.
of
Arr.
What
Goods
or
Chattels
,
Lands
or
Tenements
,
had
he
at
the
time
of
the
High-Treason
committed
,
or
at
any
time
since
?
Foreman
.
None
to
our
Knowledge
.
Jaylor
.
Look
to
him
,
he
is
found
Guilty
of
High-Treason
.
Cl.
of
Arr.
Then
hearken
to
your
Verdict
as
the
Court
has
Recorded
it
.
You
say
that
Sir
John
Freind
is
Guilty
of
the
High-Treason
whereof
he
stands
Indicted
,
but
that
he
had
no
Goods
,
nor
Chattels
,
Lands
,
nor
Tenements
,
at
the
time
of
the
High-Treason
committed
,
or
at
any
time
since
,
to
your
Knowledge
.
L.
C.
J.
Holt.
Discharge
the
Jury
.
Cl.
of
Arr.
Gentlemen
,
the
Court
Discharges
you
,
and
thanks
you
for
your
Service
.
L.
C.
J.
Then
we
had
best
to
Adjourn
the
Court
till
to
Morrow
Morning
.
Cl.
of
Arr.
Cryer
,
make
Proclamation
.
Cryer
.
O
Yes
,
O
yes
,
O
yes
:
All
manner
of
persons
,
that
have
any
thing
more
to
do
,
at
this
General
Sessions
of
the
Peace
,
Sessions
of
Oyer
and
Terminer
,
holden
for
the
City
of
London
;
and
Goal-Delivery
of
Newgate
,
holden
for
the
City
of
London
,
and
County
of
Middlesex
,
may
depart
hence
for
this
time
,
and
give
their
Attendanc
here
again
,
to
morrow
Morning
at
Seven
of
the
Clock
,
and
God
save
the
King
.
Then
the
Prisoner
was
Carried
back
to
Newgate
,
and
was
brought
the
next
Day
to
the
Bar
to
offer
what
he
had
to
say
for
Stay
of
Judgment
;
and
afterwards
Received
Sentence
of
Death
,
as
a
Traytor
,
together
with
Sir
William
Perkyns
,
who
was
that
day
Tryed
,
Convicted
,
and
Condemned
,
and
whose
Tryal
will
be
Published
with
all
possible
speed
.
FINIS
.