liam Perkyns, that he had a commission to be a colonel of horse.

Att. Gen. Pray, Sir, upon that second meeting, who were present?

Porter. I told you, Sir, the prisoner at the bar was present at both meetings.

Sol. Gen. Who else were there? Porter. My lord of Ailesbury, sir William Perkyns, capt. Charnock, and I cannot tell whether my lord Montgomery and Mr. Goodman were there; Mr. Cook and myself were there; but the prisoner at the bar I am sure was there.

Sol. Gen. Pray, capt. Porter, will you remember and recollect yourself, who were at the first meeting?

Porter. I have named them already, Sir.
Sol. Gen. Name them again then.

Porter. My lord of Ailesbury, my lord Montgomery, sir John Freind, sir William Perkyns, sir John Fenwick, capt. Charnock, Mr. Cook, and myself; we dined there, and after dinner Mr. Goodman came in.

Att. Gen. Pray, Sir, when did you see Mr. Charnock after this, and what discourse had you with him about his journey, and the success of it?

Porter. I never saw him till 3 or 4 days after our riot business in Drury-lane, upon the account of which I had been a prisoner in Newgate.

Alt. Gen. Well, and what did he say to you ?

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 withal, 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.

Att. Gen. Pray now tell us, what other meetings you have had about this matter this winter?

Porter. I was once with sir George Barcley 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. Att. Gen. Who else was there?

Porter. There was sir George Barcley, sir William Perkyns, myself, Mr. Ferguson, and one Humes.

L. C. J. Where was that, do you say?
Porter. At the Nag's-head in St. James's-

street.

Att. Gen. Was there any body else there that you can remember?

Porter. Capt. Charnock came in after dinner, but I cannot say he dined there.

Att. Gen. And who else do you remember? 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?

Porter. They had several whisperings

among themselves, but what they discoursed of I cannot tell.

Mr. Mountague. Pray, did sir John Freind say any thing that you heard at that meeting? Porter. Sir George Barcley 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.

Att. Gen. If sir John Freind has a mind to ask him any questions, he may.

L. C. J. Pray, capt. Porter, let me ask you this question, Did all that were present at the first meeting, at the King's-bead in Leadenhall-street, agree to send Mr. Charnock inte France to the late king?

Porter. Yes, my lord.

L. C. J. All of them?

Porter. Yes; we desired captain Charnock to answer to the king for us that we would meet him at the head of 2,000 horse.

L. C. J. Did sir John Freind agree to it? Porter. Yes, I do positively affirm he did. L. C. J. Then the second meeting, which, you say, was at Mrs. Mountjoy's, what was said then?

Porter. We did agree all, That capt. Charnock 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.

Att. 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 say? Porter. No, Sir.

L. C. J. The king's counsel 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. Before you go, captain Porter, I would ask you, what answer Mr. Charnock brought back from France?

Porter. I say, I did not meet with captain Charnock, until after I came 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 thanked them for their kindnesses; but the French king could not spare so many men that year.

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

Att. 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?

matter.

Blair. All that I can say to this business is written in my paper, and I refer to my paper. Att. Gen. You must not refer to your paper, Sir, you must tell all what you know.

L. C. J. He may look upon any paper to refresh his memory.

Blair. I did see the commission, Sir, and I did read it.

Att. Gen. What commission was it, Sir? Blair. It was a commission from king James to sir John Freind.

Att. Gen. Where did you see it, Sir? Blair. I saw it in his lodgings at the Strand, when he lived near the Strand, in Surrey

street.

Att. Gen. Who shewed it you?
Blair. He shewed it me himself.
Att. Gen. What was it for?

Blair. It was for raising a regiment of horse.

Att. Gen. When was it that you did see it? How along ago was it?

Blair. It is well near two years ago, or thereabouts, as I remember.

Att. Gen. Who was to have been colonel of that regiment?

Blair. He was nominated to be colonel of it himself in the commission.

L. C. J. rected to ? Blair. It was directed to him, to sir John Freind.

Who was the commission di

L. C. J. Well, and what was done upon it? Who were to be the officers?

Blair. He promised me to be his lieutenantcolonel; 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.

Att. Gen. What other officers were there appointed ?

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 captain Vernatti was to be another.

Alt. Gen. Do you remember who was to be his major?

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.

Att. Gen. Pray, what did you do as lieu-. tenant-colonel upon this matter?

Blair. I endeavoured all I could to get officers for them, and to raise troops. I endeavoured to get what men I could myself. Sol. Gen. Pray what did you do? What officers did you procure for him?

Blair. I told you Vernatti and Fisher, and one Mr. Hall that lives at Deal. Att. Gen. What troops did you get under

you?

Blair. What? I myself, Sir, do you mean? Att. Gen. Yes, I do.

Blair. Yes, Sir, I did.

Att. Gen. Can you name any of them? Blair. Yes, Sir, if I make use of my paper. Sol. Gen. You may make use of your paper to refresh your memory.

Blair. There is a paper of names that I gave in before the council.

L. C. J. 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.

Att. Gen. Pray, Sir, can you tell who was to have been your lieutenant in your troop?

Blair. One Mr. Bertham.

Mr. Mountague. You say, Sir, you were constituted lieutenant-colonel; pray, who constituted you, and made you so?

Blair. I had only a promise of it from sir John Freind.

Att. Gen. Pray, did you lay out any monies for sir John Freind? or did he ever pay you any money afterwards?

Blair. Yes, I have had several small sums of money from sir John Freind.

Att. Gen. Pray, what was it for?

Blair. It was to drink with the men that belonged to the regiment, and encourage them.

Att. Gen. Pray, did Mr. Piggott pay you any sums of money? and by whose order? Blair. Yes, he paid me first 201. and afterwards he paid me another 201.

Att. Gen. By whose order was that, Sir? Blair. It was by the order of sir John Freind.

Att. Gen. Pray, Sir, How do you know that sir John Freind ordered him to pay it you? 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.

Att. Gen. How do you know that he advanced any money for procuring Parker's escape?

Blair. He told me so himself.

Att. Gen. How much did sir John Freind say he advanced for that purpose? Blair. He told me 100l.

Att. Gen. How did he tell you he was to be paid it again?

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 20l. and afterwards 201. by the order of sir John Freind.

Sol. Gen. Pray, Sir, did sir John Freind tell you what Piggott had received in France?

Blair. Yes, he said Piggott had received 100l. in France; and he did not pay it him, but if I could get 201. of him, he would allow it.

Att. Gen. Pray about what time was it that the first 201. was received?

Blair. I have set it down in my paper; there it is.

Att. Gen. But cannot you tell about what time it was?

Blair. It was about last May or June, the first 201. was paid.

Att. Gen. When was the last 207. paid? Blair. It was after I was sick, about Michaelmas.

Mr. Cowper. Pray, Sir, Who was by when the last 207. was paid?

Blair. Mr. Piggott paid me the last 57. of it, (for I received it at several payments from Mr. Piggott) but the last 57. was before sir John Freind, at Jonathan's coffee-house.

Sol. Gen. Pray, do you know any thing of sir John Freind's receiving any letter from king James?

Blair. Yes; he told me he had a letter from king James.

Sol. Gen. How long ago was that?
Blair. Truly, I cannot tell.

Sol. Gen. I don't ask you the precise day, but was it within a twelvemonth?

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. Repeat it to him again. Blair. Sir, you told me you had received a letter from king James.

Friend. My lord, I shall answer to all this afterwards.

Sol. Gen. Pray, had you at any time any discourse with sir John Freind about one Slater? Blair. Yes, I had.

Sol. Gen. Pray tell what that was.

Blair. 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 satisfied with that, he said he should command a troop of non-swearing parsons, and they should be an independent troop.

Sol. Gen. You say that Slater was to command that troop?

Blair. Yes, and it was to be an independent troop.

Att. Gen. I think you say, that he and you met at Jonathan's coffee-house?

Blair. Yes, it was shortly before it broke out. Att. Gen. Pray, did you meet with him again? And did he carry you in his coach as at any time?-Blair. Yes, he did, Sir.

Att. Gen. What discourse had you then, when you was with him in the coach?

Blair. He took me in his coach to St. Martin's-le-Grand, and, says he, I will do nothing till the Toulon 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 myself 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. Att. Gen. Pray, what were you to do?

Blair. 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 begged at that time; and here is a letter that I had from sir John Freind, to confirm my receiving money from him.

Att. Gen. Is that sir John Freind's own hand?-Blair. Yes, Sir, it is. Att. Gen. Then put it in.

Give it bither. [It was delivered in to the Attorney-General.] Sol. Gen. Pray, what have you heard sir John Freind say of sir John Fenwick's being concerned in this matter?

Blair. I heard him say, that he believed that he should command the party that he was engaged in, and that sir John Fenwick had four troops of horse, that lay near Reading, to be employed.

Sol. Gen. For what purpose?

Blair. To be in readiness upon the descent. Freind. Gentlemen of the jury, I can't hear a word; I hope you hear.

Att. Gen. Pray, Sir, look upon that letter; you say you had that letter from sir John Freind, pray, who is that H mentioned in it?

Blair. It means Harrison alias Johnson, the priest.

Att. Gen. Pray, what was that letter written

for?

Blair. It was about the last 20/. that I was to receive from Piggott.

Att. Gen. Is that sir John Freind's hand? Blair. Yes, I think so.

Att. Gen. Have you seen sir John Freind write?

Blair. Yes, I have seen him write, and I think it is the same hand.

Att. Gen. Then we desire it may be read.

Then a Juryman desired he might be asked, Whether he saw sir John Freind write that letter?

L. C. J. What say you, did you see him write that letter?

Blair. No, my lord; it came to my lodging. Att. Gen. Did he ever own to you he had you such a letter?-Blair. Yes, he did.

writ

Att. Gen. Pray, let it be read; read it all, for it is but short.

Cl. of Ar. reads:

For Captain Blair, These. "Sir; Tuesday Morning. "You may much wonder you have not received 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 coffeehouse, 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 is 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 FREIND." Juryman. Pray, Sir, what date is it of? Cl. of Ar. It has no date but Tuesday morning.

Att. Gen. Did sir John Freind meet you on the Thursday, according to this letter?

Juryman. My lord, I desire he may be asked, How this letter came to him, whether by the penny post, or how?

Blair. 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.

Att. Gen. Pray, Sir, answer my question. Did sir John Freind afterwards meet you at Jonathan's coffee-house, according to this letter?-Blair. Yes, Sir, he did.

Att. Gen.

And did you there speak about the business that's contained in that letter? Blair. Yes, Sir; and accordingly I had the order.

Att. Gen. What order?

Blair. An order for the 201.

Sol. Gen. Captain Blair, do you remember that you dined with sir John Freind near the Exchange, in January last?

Blair. Yes, I think I did, Sir.

Sol. Gen. What discourse was there between you then? Who was with you besides you two? Blair. I must refer that to my paper. Sol. Gen. Well then, what discourse was between you and sir John Freind there? Blair. It is down in my paper.

Sol. Gen. Do you know one capt. Ridley? Blair. Yes, Sir.

Sol. Gen. Was he at any time present when you and the prisoner at the bar were together? Freind. My lord, I cannot hear a word he

says.

L. C. J. 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. Look ye, sir John Freind, 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 o'clock;

and that letter was read, and he says he met you accordingly, and there was order taken for the payment of the last 20l. This is that he says: did you hear it?

Freind. No, my lord, I did not.

L. C. J. That is what he said. Then go on: you say he met you at Jonathan's coffee. house according to that letter?

Blair. Yes, my lord.

L. C. J. What was done there, when you met?-Blair. Nothing but the order. L. C. J. Who did he give the order to? Blair. He gave the order to Harrison. L. C. J. Why, was Harrison there? Blair. Yes, he came there before I came away.

L. C. J. But you say he gave the order to Harrison?-Blair. Yes, my lord.

L. C. J. What was the order for?
Blair. It was to pay me that money.
L. C. J. What money was that?
Blair. It was the last 201.

Att. Gen. Was the 201. paid you afterwards?-Blair. Yes, Sir.

Att. Gen. Who paid it?

Blair. Mr. Piggott; be paid me the last 57. of it before sir John Freind's face.

L. C. J. Was this the first 20l. or the last, do you say?-Blair. It was the last.

L. C. J. What was this money paid for? Blair. I believe it was to support me to go about the business of the regiment.

L. C. J. You believe; that's not enough: but are you sure it was so?

Blair. Yes, I am sure it was for that. L. C. J. Had you ever demanded money of him before?-Blair. Yes, I had.

L. C. J. For what was that money that you demanded?

Blair. It was to drink with the men that were brought in; to cherish, and keep them together.

L. C. J. To what purpose were those men kept together?

Blair. They were for his regiment.

Sol. Gen. Pray, had sir John Freind any occasion to pay you any money upon any other account?

Blair. No, Sir, not out of that 1007.

Mr. Cowper. You do not understand the question. Had you any dealings with sir John Freind, but about this matter concerning the regiment?-Blair. No, never in all my life.

Att. Gen. Well, Sir, do you remember your meeting with sir John Freind when one Ridley was there?

Blair. Yes, it was at the chop-house. Att. Gen. Give an account what passed there.

Blair. 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 Catholic, 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.

:

Att. Gen. What did sir John Freind say!

Blair. Sir John Freind said, He knew of it; but he named no more.

Sol. Gen. What was the effect of those or ders, as you understood?

Blair. I cannot tell that, Sir, indeed.
Sol. Gen. Did you know Mr. Charnock?
Blair. Yes, I did.

Sol. Gen. What do you know of his going to France?

Blair. 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 do not know, upon my life.

Sol. Gen. Pray what has sir John Freind said to you about Ferguson? Whether was not he to have been an officer in his regiment? Blair. No; but sir John Freind said, he would join; and Mr. Ferguson himself has told me so.

Att. Gen. When did he tell you so?
Blair. A good while ago.

Att. Gen. How long ago?
Blair. Two years ago, and above.

Sol. Gen. Did sir John Freind tell you any thing about Ferguson, that he would bring in any men?

Blair. Yes, he said he would bring in a great many.

Att. Gen. Will the prisoner ask him any questions?

L. C. J. Sir John Freind, will you ask this witness any questions?

Freind. Yes, my lord, I shall by and bye, if they have done with him.

L. C. J. Yes, they have done with him. (Then he paused, and perused his Papers.) Freind. 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?

Blair. I cannot tell the date, indeed, sir John; for I never thought to come here upon such an account as this: but I think it was in paper, signed above 'James Rex,' and below, By his Majesty's Command, Melford;' and a little seal upon the margin.

Freind. This is the hardest thing in the world upon a man; here you have charged me with money to subsist and encourage soldiers.-Blair. Yes, Sir.

Freind. 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 yourself, and answer it. There is a God above, where you must give an account as well as I, and I hope you will con

sider of it. Pray declare the truth, Whether you have not writ those lines to me several times, that you were ready to starve, and begged of me to relieve your necessities?

Blair. I have so, Sir, I acknowledge it. Freind. Pray take me right, and was not that money I gave you, only upon pure charity? Blair. Yes, you did give me charity, but I had expended so much money in your business, that reluced me to that, God knows heart. I have laid out many a pound upon this | affair.

my

Freind. It is the hardest thing in the world; this is a Roman Catholic too.

Blair. I am sure it cost me many a pound more than ever I had of you.

Freind. You say you listed a great many men, who were the men? What are their names? Who were they for?

Blair. I have given a list of them to the council.

Freind. Who are they? for God knows, I know nothing of them.

L. C. J. You have a list there, let it be produced.

Blair. I gave it to the council; and, sir
John, I brought in several officers to you.
Att. Gen. Remember, and name as many
as you can.

Blair. I have named the officers already.
Att. Gen. Name them again.

Blair. Did not I bring captain Fisher to, you? and did not you promise to make him your eldest captain ?

Freind. No, you never did.

L. C. J. These are questions of your own asking, so you must hear him.

Blair. I brought captain Fisher to you, and accordingly we dined at captain Simons's; and there was captain Ridley, Mr. Richardson, and Mr. Fisher and you talked together, and you listened 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.

Freind. Pray, where are your men? and what are your men that you listed? Blair. I never spoke of listing, I only spoke of encouraging.

Freind. Did not you say you had listed a great many men for to be of my regiment? Blair. No, Sir, I did not.

Att. Gen. I think you do mistake, sir John ; he did not say list.

Blair. 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.

Freind. I never said so; these are very hard things upon me.

Blair. Did not I bring captain Cole and captain Neale to you, and his brother-in-law Mr. Robinson, and Mr. Gellibrand? and did not we dine together?