Freind. I know nothing of all this, I declare to you. L. C. J. If you would ask him any more questions, do. Blair. I brought those three gentlemen, and we dined together. L. C. J. Where did you dine then? Blair. At Hackney, when sir John lived there, at his own house. Freind. When was it? Blair. It is above a year ago. Pray, sir John, don't think to dash me out of countenance, though I am very ill; I speak nothing but the truth, and therefore I will not be dashed out of countenance. You know what I say to be true; you then drank a glass of wine to captain Cole: and did not you promise him, because he was one of your mother's name, that he should 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. C. J. Who was to have the place in the Excise?-Blair. Captain Cole. Freind. I know not a word of all this. Just. Rokeby. Captain Blair, be not dash'd, but speak the truth, and you need fear nothing. Blair. This, I say, was before Mr. Robinson and Mr. Gellibrand. Freind. I don't know Gellibrand, nor none of them. L. C. J. Was that Cole to be any thing in the regiment? Blair. Yes, he was to have been a captain, and to bring in a troop. Att. Gen. Sir John, will you ask him any more questions? Freind. No, I must depend upon the jury, for I cannot remember half what he has said. Sol. Gen. Do you remember any discourse between you and him, about some brisk men that were to follow him? L. C. J. 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? Freind. I can ask about no more than what I bear. L. C. J. But ask him what you will. Freind. My lord, I have not heard half what he has said, I hope the jury will take care in it. L. C. J. Some part of it was twice repeated to you. Freind. As to that, my lord, I would ask him a question or two. Was that my letter? Blair. Yes, it was. Freind. Did you see me write it? Blair. No, it came to my hands by a porter, as 1 believe, when I was in bed; my wife brought it up to me. Freind. What was that letter for? Blair. In order to pay the last 20l. and I did see a return of a letter that you writ to king James. Att. Gen. Who shewed you that letter to king James? Blair. He shewed it me himself. L. C. J. How long ago is that? Blair. A year and a half ago, as near as I can remember. L. C. J. Did he say any thing of an answer he had to it? Blair. 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. 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. Did you see him write the letter, or did he shew you the letter he had writ? Blair. I did not see him write the letter, I see his hand to the letter, and he shewed 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. Piggott's mother's house; I dined with him there that day, and when he shewed me the letter, I told him I was so well pleased with the penning it, that I believed 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? Blair. 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. Can you tell truly any of the contents of it? Blair. That it was about the affairs 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 Freind write the letter. L. C. J. No, no, but that he shewed it him himself. Freind. When was that letter writ that I shewed to you? Blair. It was about a year and a half ago. Freind. I declare in the presence of God, I never writ one. Juryman. He says you shewed him the letter, therefore it is very fit we should see it. L. C. J. Nay, Sir, you must not talk to the prisoner; if you have any questions to ask, you must propose them to the court. Freind. I declare in the presence of God, I never writ any such letter as this he now charges me with. Bluir. And I do declare in the presence of God, you shewed me such a letter. Freind. Yes, you may; but I am a Protestant, you are a Papist; you may do any thing. Att. Gen. You may ask any questions of him, sir John, but you must not rail at the witness. Freind. 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 be is a Papist. Att. Gen. He says, you shewed 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 yourself. Freind. I declare in the presence of God, I never writ any such letter. Att. Gen. I suppose you'll disprove him by and hye. Freind. I can have no witnesses to this matter. Att. Gen. And you can't expect your own denial should go for proof. If you will ask him no more questions, let him go down and ease himself. Freind. He must not be asked whether he is a Papist; but I hope you will take notice, countrymen, that these witnesses are Papists, and they think they merit Heaven by swearing against Protestants, whom they call Heretics. L. C. J. Indeed, sir John, I don't hear you: pray speak so loud that the court may hear what you say. Freind. I will, my lord; I say he is a Roman Catholic, and I have witnesses to swear he is so; and desire I may prove that he is a Roman Catholic, and therefore he is not to be heard against a Protestant. Att. Gen. Then the next witness we call is Mr. Bertham. [Who was sworn.] Freind. But I have not done with Mr. Porter. L. C. J. Well, you shall have him by and bye; let the king's counsel go,on in their method. Att. Gen. Pray, Mr. Bertham, do you know captain Blair, that was here just now? Bertham. Yes. Att. Gen. How long have you known him? Berthum. About eight or nine years. Att. Gen. What discourse have you had with him about any regiment that was to be raised for the late king James? Bertham. Captain Blair had told me for two years last past, that sir John Freind was to have a regiment of horse, that were to be raised, and | lie posted about the town; and captain Blair was to be lieutenant-colonel to the regiment, and I was to be lieutenant to captain Blair in his troop. Att. Gen. My lord, we only call him to confirm what captain Blair has said, that he was to be his lieutenant, and that this was talked of two years before. Did he tell you sir John Freind was to have a regiment of borse? Bertham. Yes, Sir, and he obliged me to bring in as many men and horses as 1 could into this regiment, and he told me capt. Fisher, captain Vernatti, and captain Cole were to be captains in the regiment. 1. C. J. And what were you to be? Bertham. A lieutenant. L. C. J. To whom? Berthom. 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. This is no evidence against sir John Freind: 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. Sol. Gen. Sir John Freind did ask what men he had engaged, and among others, he named this Mr. Bertham 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 Freind was to have a regiment. Freind. Do you know me, Sir? Bertham. 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. His evidence, sir John Freind, 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. Att. Gen. Then, my lord, we leave it here. L. C. J. Look ye, sir John Freind, the king's counsel have done, and now you may speak, and say what you have a mind to say in your own defence. Just. Rokeby. And call what witnesses you have a mind to call. Freind. My lord, in the first place, I desire to know whether Mr. Courtney is come. L. C. J. Your solicitor can best tell that. Freind. I perceive he is not come. L. C. J. Well, go on: I suppose he will not be long before he comes, we will stay for him. Freind. 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 Leadenhall-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 coming 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. Holt. Why are they not witnesses? Freind. Nay, I appeal to your lordship. L. C. J. Holt. Truly I think they are witnesses, I know nothing to the contrary. Freind. My lord, Papists are not good wit-) nesses against Protestants for this reason that I shall tell you; I am advised, my lord, that a Papist is not a good witness to prove a Protestant a traitor within the stat. of 25 of Ed. 3. L. C. J. Holt. Who says so? Freind. My lord, I desire to know whether there is such a statute? L. C. J. Holt. Yes, no doubt of it, there is such a statute as that of the 25 of Ed. 3, about Treasons. Freind. Pray, my lord, does not that make it so? Sol. Gen. That cannot be, my lord, that any such thing should be, for all were Papists then, there was no such a thing as a Protestant in the time of Ed. 3. was in bed, being in upon some other accounts) and when they told me captain 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 were several other persons in that place at the same time, and he said he was as innecent as the child unborn. Freind. Did he mention any thing of me then? Courtney. At that time he said nothing of you. Freind. Pray, Sir, do you believe he is a Courtney. I do not know his religion indeed. Courtney. He bore the character of one, Freind. My lord, there is the statute of the 3rd of James the 1st, cap. 4th, and other sta-Roman Catholic? tutes made in the time of king Charles the 2nd, particularly in the 30th year of his reign, cap. 2d, whereby it is plain they are not to be levied against Protestants, because they believe them guilty of damnable Heresy; and by those statutes they are reputed infamous. L. C. J. Where is your statute? Freind. My lord, I have no Statute-book, I desire it may be inquired into, this advice was given me by my lawyer; I am no lawyer my self: there is the statute of 3 James 1, cap. 4, and the next is 30 Car. 2, cap. 2. L. C. J. Well, the Statute-book shall be looked into. Freind. My lord, the person is not come, who is to give evidence against captain Blair; the principal witness, he is a prisoner at the Gatehouse, and your lordship was pleased to say you would have patience till he came. L. C. J. Yes, yes, we will stay a while. Freind. 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. Is your solicitor returned with this Habeas Corpus? Freind. 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. Is this the witness you would have? Freind. Yes, my lord, it is. L. C. J. Then what do you say to him? Freind. My lord, must I ask him the questions? L. C. J. 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. Freind. Mr. Courtney, I desire you would speak what you know of captain Blair, Courtacy. Gentlemen, I have been a prisoner in the Gatehouse about a month, and while I was there captain Blair at the same time came in as a prisoner, as mentioned in the proclamation; being my old acquaintance, (I VOL. XIII. Courtney. By sight, I have known him six or seven years. Just. 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. C. J. What, all the time you knew him? Courtney. Yes, all the time that I knew him, I knew no other name that he had. Freind. But did you not hear that he was reputed to be a Roman Catholic? Courtney. I have heard that character of him among those that I have known, but I have very little knowledge of his religion. L. C. J. 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 Freind, before in my life, to my knowledge, nor ever spoke to you. Freind. 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. C. J. Have you done with this man then? Freind. Sir, do you know him to be a Roman Catholic? Courtney. Sir, I have heard that he has such a character. L. C. J. What character has he? Courtney. Sir, I have something else to say. Freind. My lord, he says he has something else to say. L. C. J. Then set him up again: (which was done.) Well, Sir, what is it you have more to say? D Courtney. Two or three days after that Courtney. Does your lordship mean at the time, there was a prisoner then in the Gate-reading of the Flying-Post? Courtney. My lord, this gentleman that I was speaking of, was lying down upon the bed, and captain Blair came into my room, just after the news was read, and asked me if I had got the news? I told him, yes; he asked me what was the import of it? I told him, they said he was making a great discovery, and particularly against sir John Freind. L. C. J. Well, and who were there then? Courtney. This ensign that is now a prisoner in the Gatehouse, who, I suppose, can say the same thing. Freind. 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. Freind. Do you know any thing more? Courtney. And he told me in his chamber upon Friday night last, about nine o'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 clapped 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 Iail, but were it not for life, I should never do what I do. L. C. J. Did he tell you, he went against his conscience? 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. C. J. Yes, pray let Mr. Blair be brought in again. (Which was done.) L. C. J. 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 Gatehouse, when he heard the Flying-Post cried, bought it, or it was ordered 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 asked if we had got the news? We said, yes; and he asked what news there was in it? I replied, it is said that you are making a great discovery, that you were to be lieutenant colonel to sir John Freind, and had received a great deal of subsistence money for the regi ment: says he, they may put what they will in their news, but I know of no regiment, nor of any subsistence, nor of any commission. The man that read the book will say the same that I do. Att. Gen. When was this? Courtney. This was one day when the Flying-Post came out, the last Saturday but one I think. L. C. J. But you talked of something he should say to you of going against his conscience. Courtney. His wife and he spoke at first, that he went against his conscience, and he Courtney. That was upon Friday night last, believed his conscience was in a miserable I came to see captain Blair, and his wife was state; and this I spoke innocently among some with him, and captain Blair was very ill, and of the prisoners, and I did not know that it was clapping his bands, and groaning, and moving taken notice of, but it seems somebody has ac- himself, and in a very miserable condition, quainted sir Jolin Freind, and so I am brought truly, I thought he was giving up the ghost. here; I know nothing of being a witness, II asked him upon what account he was so sad? assure you. Just. Rokeby. Pray, who were present when this discourse was between you and Blair? You say there were two other persous 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. C. J. You said there were two persons in your chamber. 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 Hicks's-Hall, and I pray God direct you. Says he several times, 1 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 shew yourself such, and I pray God direct you: I wish no men's Blair. When this gentleman was with me, blood may lie at your door. Says he, I am an unfortunate man; that is the thing that trou-she desired me not to say any thing before him; because, said she, I do not know but he may be a trepan. bles me; or something to that purpose; which showed 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 Freind, and so I am brought here to testify it. 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. C. J. You hear what discourse he says he had with you; what say you to it? 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 tomorrow; (and a great deal of such discourse as that), and I pray God Almighty direct you! That's all that I know passed. 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 expressed any such thing to him. L. C. J. 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? Blair. No, I am sure she did not. L. C. J. Did that gentleman thrust himself into your company, or did you desire him for to come to you? 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. Blair. Pray, where is the keeper? Blair. Did not I beg of you for God's sake, that no one should come to me but my wife? Att. Gen. If the keeper of the Gatehouse be there, pray swear him. (The Keeper of the Gatehouse was sworn.) Sol. Gen. What do you say as to captain Blair's desiring that nobody should come to him, but his wife? Keeper. Nobody was to come to him unless they forced themselves upon him. Sol. Gen. Do you know of that man's coming to him? Keeper. No, Sir, I know nothing of it. Blair. I always desired to have the door locked with the key on the inside, that nobody might come to me, but whom I had a mind to. Keeper. He did so, because he was ill, and nobody did come to him that I know of. Blair. My wife being with me came to me to the bedside, while this man was with me, and I was lying upon my back; and she said, For Christ Jesus's sake, dear Blair, do not speak any thing. L. C. J. When was this? 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. 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 Gatehouse. Att. Gen. Where do you live, Sir? Courtney. In Old Southampton Buildings. Sol. 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. Sol. Gen. How came 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 shewed 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. Att. Gen. What countryman are you, Sir? Alt. Gen. Have you any estate in Ireland? 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. Sol. Gen. But I ask you how you came to go to him; because it seems he desired nobody should come to him but his wife? | Courtney. He may say what he pleases; for be lay first in one room, and then in another, and he could never go to the necessary house, but he must go through my room; but if you please to send for Mr. Tooley and capt. Courtney, they will say and swear that these things passed in their presence, or to the same purpose, except what passed between him and me in his own chamber. Eusign Tooley did read the paper of the Flying-Post; and as for what he said of his knowing nothing of the plot, it was talked of up and down 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. C. J. You hear what he says; captain Blair, did you tell him you knew nothing of the plot? 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 |