1. TO the first Paragraph , being the Evidence of William Riddall , Steward to the said Mr. Warner ; That all bu● time of Service , the Earth in question was sold to Potters , except some small quantities sold in the Neighbourhood for daubing of Houses , &c. It 's most certain he gave the same account at the Tryal ; and it is as true , the said Earth , upon the least water coming to it , desolves ( if dried ) in the same manner as all other Fullers Earth doth , as has been proved before and by many Members of the Honourable House of Commons : Therefore it cannot bo alledged as a good argument , that the said Clay is not of the Nature of Fullers Earth , and after its being once dried by the Sun , will not prove The best Clay Wall in England ; but being Of the Nature of Fullers Earth , upon the first wet Weather will fall to the ground ; nor will the strength of this Gentleman's Testimony be able to support it .

That it was formerly seized ( as he says ) and after discharged , may be true , it not being consistent with every Officer in the Out Ports , to expend Three or Four Hundred Pounds to justifie himself in the Execution of his Duty .

2. To the Second Contents : What was deposed by divers Pot-makers in and about London , That Fullers Earth all the art of Man can never make a Pot of , &c. Is not denied ( intirely of its self , without mixture with other Earths ) no better than the Pots , Cups , &c. produced by the said Pot-makers at the first Tryal , and sworn To be made by them perfectly and intirely of Mr. Warners Earth , which when tried in Court , by being filled with Water , ran through in all parts thereof , before they could be handed to the Barons ; and when broke in pieces , moldred as Chalk , and by the Court declared a Cheat . These Gentlemen upon a cross Examination , confessed they used in their common Working other Clays in making their Pets , mix'd with Mr. Warner's Earth . However , to accomodate their Evidence to the Occasion , they were then intirely made of the Earth , in question , although imperfectly , yet better to serve the purpose ; and if the fallacy had not been discovered , it might have proved more serviceable ; this ill-luck made them decline any more proofs of their Skill at the second Trial , contenting themselves to give their Evidence without Demonstration .

3. The Third , being the Evidence of Benjamin Furly and John Sonman his Servant of Rotterdam , That all the Earth consigned by Mr. Warner to the said Furly , was seld to Pottets , and of the great plenty of Fullers Earth in Holland , with the meanness of the Value . These by their Depositions farther Depose , besides what is thought fit to be recited in the before-mentioned Paper , That there are also divers other Merchants in that City residing , that have there Imperted the said Mr. Warner's Earth ; but what use that may have been put to , they find convenient to conceal . It 's certain , they were omitted and not examined by Vertue of the said Commission . It may be agreed , that any Fullers Earth to be procured in those Parts , by the meanness of its quality ( not plenty ) is not worth above the One fourth part of that Imported into those Countries from England .

4. and 5. To the Fourth and Fifth , These , except the Measurers , are as is said Pot and Platter-makers , who in their Depositions give account , Of their buying and using the said Earth of Mr. Warner ; with the great value of it more than the Fullers Earth in those Countries . And although they are Dutch People , and live in the several parts of that Country , yet they all speak good English on this occasion , and jump so wonderfully in their Opinion , that all their Depositions agree almost Verbatim , had they been all taught to say one thing they were very apt to repeat so nicely . It happens there is not above Thirteen of them said to be examined , although if they had been made Thirty , they might have passed as well , their Depositions being taken in distinct pieces of Parchment not joyned together , and but one of those appears signed as sworn to by the Commissioners ; However it will be difficult to reconcile all these Depositions with the Evidence of Henry Dewilde , a Dutch Pot and Platter-maker living near the City of London , and one of the Witnesses of Mr. Warner mentioned in the aforesaid Paper , who upon his Examination , said , That there is no occasion for the Earth of Mr. Warner in Holland , there having been liberty for Importation of Potters Clay to those Parts for Two Years last past from French-Flanders , whereby the Earth of Mr. Warner is not worth the Freight of carrying to Rotterdam for the use of the said Pot and Platter-makers . Either this is not true , or more than he should have said , otherwise the Three Ships with the said Earth designed lately to be Exported by Mr. Warner , must not have been for the use of Pot-making , as is pretended .

6. To the Sixth , That relates to the Evidence , which an Honourable Member of Parliament was pleased to give at the Trial , as it was at the request of Mr. Furly , the Agent or Factor of Mr. Warner in Holland ; he gave himself the trouble of that enquiry , so undoubtedly it was according to the account he received from Myn Heer Antonio , as Interpreted , between him and a Dutchman .

7. The Seventh , being the Testimony of a Divine , who was pleased to let the Court know , That he was in the Kings Service , and being in Holland , read a Letter from Mr. Warner , intreating his assistance , and inquiry about the Earth in Question ; that pursuant thereto , be undertook the trouble of Travelling to most of the Cities of that Countrey that related to the Clothing Trade , and after that to the most consi●erable places for Pot-making , and took all this pains ( as he declared upon Oath ) with design to have discovered the use of the Earth of Mr. Warner in the Fulling of Cloth , thereby to have served his King and Countrey .

If this Gentleman had stumbled on any place where the Earth in dispute had been used as Fullers Earth , how unfortunate had Mr. Warner been in giving him that trouble ; but since it proved otherwise , it was well used as an Argument for the veracity of his Evidence .

8 and 9. The Eight and Ninth are divers Masters of Ships and several Buyers and Sellers of Fullers Earth , being Salters by Trade ; these swore , That Mr. Warners Earth was not Fullers Earth , nor like the Earth bought by them , that they never dealt but in one sort , and that the said Earth of Mr. Warner would not melt , nor draw , or suck up Water , nor take the Grease out of Boards , as other Fullers Earth doth , &c. It may be presumed these Persons are so knowing in their Trade , as to be sensible the Fullers Earth they sell , when new taken out of the Pit and wet , as that of Mr. Warners was ( which lay four days sunk in the Lighter Two and a half Foot under Water ) would be the same ; had they dried it ( as they ought ) their Evidence must have been wanting . It s known to all men that are acquainted with the nature and use of Fullers Earth , what care and long preparation is used in the drying thereof , before it is fit to be used in the Fulling of Cloth ; but notwithstanding these Persons have had the Courage upon Oath to Affirm all this , yet this very Earth of Mr. Warners , now in the Kings Ware-house , doth melt , and draw , or suck up Water , and take the Grease out in the same manner as all other Fullers Earth ; all which may with more confidence be asserted , having been Experimented in all these qualities by divers Members of the House of Commons themselves .

It may also be observed . That one of these Salters before-mentioned , when this Earth was first suspected to be for other use then in making of Pots , was by the Officers of the Customs desired to give his Opinion thereof , and then answered them , it was good Fullers Earth , &c. upon whose Judgment they put the first stop to it , what Arguments have since prevailed with him to change his Opinion do not appear .

10. To the Tenth , being Clothiers , Baymen , Fullers and Millmen , these were very different in the giving their Evidence , those from Worcester did not pretend it would not scowre the Grease out of the Cloth , But that the Cloth , Fulled not after so well as with their own Earth , Yet one of those most eminent Clothiers , which gave his Testimony on behalf of Mr. Warner , at the Trial , and mentioned by him in his Paper , hath thought fit since to be a Petitioner , with the Corporation of that City , to the Honourable the House of Commons , to prevent the Exportation of the said Earth . For the Glocester Clothiers , they acknowledged never to have prepard the Earth of Mr. Warner by drying , but used it in the Condition they received it from the Custom-House , when no Fuller can have the confidence to affirm it can have its effect . For the E●sex and Suffolk evidence , they indeed were positive , Swearing , it was so far from having any thing of the nature of Fullers Earth or Scowring faculties , that it f●●ed the Grease so in the Grounds of all the Cloths , that no Fullers Earth in England can fetch it out . It seems then the Worcester and Glocester Clothiers were better Workmen , altho not so good Evidencers . All these People upon cross Examination confessed , Mr. Warner contracted with them before hand to answer the damage any one should have by spoiling their Cloth in the Experiment , which were to be produced in his behalf , as Evidence at the Trial : Yet it s remarkable they at the said Trial Varnished their Evidences with a Declaration , that they made all these Experiments , with a design to have made it Fullers Earth if they could . If that were true , 't was very ungrateful to detect their Friend at his own expence .

For the reflection made by Mr. Warner at the latter end of this Paper , That his Adversaries ( meaning the Officers of the Customs ) made their Witnesses to affirm the said Warners Clay , was tried in all Experiments without any mixture , there was not above one or two , but upon Cross Examination at the Trial , owned they used Segg and Hogs dung or Soape and Gauls with it , which ( as he says ) would have secured any Cloths better without the said Clay then with it .

This in the whole is so notoriously false , that it must have required much confidence to assert , and the Trial being then intirely taken ; well attested and ready to be produced , may be easily detected ; besides that this is untrue , is apparent by the Examinations of the same Persons , among divers others , upon the 19th . of this present January 1693 , before a Committee of the Honourable the House of Commons , on this Occasion , to which the truth of all this is most humbly referred .

For his conclusion , That it may not be amiss to observe , that in a whole year , &c. he had not been able to sell the least quantity of his Clay as Fullers Earth , the he has proferr'd it to all men for a very little more then one Third of what Fullers Earth is generally sold for . The Clothiers of Worcester , did before and since the Printing of that Paper , offer to give Mr. Warner 20 Shillings per Ton for his Earth , being the same Price they pay for the Fullers Earth of Surrey , for a certain quantity , and what they should have occasion for . But had Mr. Warner made any such Pargain during the present inquiry , he must have brought not only his discretion but Senses into question .

It has been most industriously spread abroad by Mr. Warner , as a reflection upon the Officers , That they would have been bargaining with him for a piece of money , and then he had been at liberty to Export the said Earth . This , considering the trust that is committed to them in the Execution of their Offices , more sensibly concerns them then any other consequence in this affair : And being obliged to justifie themselves , they affirm it utterly false and most malicious , and as frivolous as untrue , designed only to impose upon the unwary ; it not being in the power of the said Officers , at any time to have made such agreement , all those Informations relating to the Earth in question , being entered in the Exchequer , and the Commissioners of the Customs acquainted with it , before ever Mr. Warner appeared on that Occasion .

For the Penalties of Three Shilling per Pound , which the Law has given the Moiety of to the Officers , they have aboundant proof beyound exception , that in compassion to Mr. Warner , provided he Export no more of the said Earth , they from the first estered to consent to a Licence from the Court , or as the Barons should direct , and before the second Tryal , they by the Attorney General in Court , wholely declined all the Forfeitures ; that if a Verdict should have been given for the King , it might appear they sought not their Interest , but Service of the Nation , in Endeavouring to prevent so great a mischief , as the Law hath declared the Exportation of Fullers Earth , to be , and to avoid themselves the heavy Penalties those Laws have charged them with ( as Felony , &c. ) if they should have been found Consenting to the Exportation of the said Mr. Warner's Earth , when by the Judgement of almost 100 Clothiers and Fullers in the Counties and Shires of Glocester , Wilts , Semerset , Worcester , Berks , Surrey and Essex , who had themselves , or some of them , appointed by the rest of each County and Shire , taken the said Earth out of the Kings Ware-House , and having Experimented the same in the Scowring and Fulling of many Cloths , declared the said Earth to be good Fullers Earth , doing all the Offices thereof ; and at the same time Mr. Warner always declining ( as he did at the late hearing before the Committee ) the proof of a Joynt Experiment .