fpoke of it long before he gave his evidence, and fo 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. Bertram to be his own Lieutenant, and he now tells you Blair promised him fo to be two years ago, and then told him Sir John Freind was to have a regiment. Freind. Do you know me, Sir? Ber. 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 faw your face. L. C. 7. 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. Att. Gen. Then, my Lord, we leave it here. L. C. J. Look ye, Sir John Freind, the King's council have done, and now you may speak, and fay what you have a mind to say in your own defence. Juft. Rokeby. And call what witneffes you have a mind to call. Freind. My Lord, in the firft place, I defire to know whether Mr. Courtney is come? And 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 difh of meat together, and Sir John Fenwick at that time coming in faid to us, I defire you to come to our end of the town and take a difh of meat with us. there was nothing spoke of any thing relating to the government. Gentlemen thefe are Papifts, and I am a Proteftant, they do not care what they fay, for they think they merit heaven by deftroying Proteftants; and they are not to be believed, and that is the reafon that I was not to ask them the question, for by law they are not witneffes, and for that I appeal to your Lordship. L. C. J. Holt. Why are they not witneffes? Freind. Nay, I appeal to your Lordship. L. C. J. H. Truly I think they are witneffes, I know nothing to the contrary. Freind. My Lord, Papifts are not good witneffes against Proteftants for this reason, that I fhall tell you; I am advised, my Lord, that a Papift is not a good witness to prove a Proteftant a traitor within the ftat. of 25. of Ed. 3. L. C. 7. H. Who says fo? Freind. My Lord, I defire to know whether there is fuch a ftatute? L. C. J. H. Yes, no doubt of it, there is fuch a ftatute as that of the 25 Ed. 3. L. C. 7. Your Sollicitor can beft tell about treasons. that. Freind. I perceive he is not come. L. C. J. Well go on: I fuppofe he will not be long before he comes, we will stay for him. Freind. My Lord, I muft wait for my witnefs 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 fome gentlemen there, but how many or whom I cannot fay; but I declare there was not one word fpoken Freind. Pray, my Lord, does not that make it fo? L. C. J. H. No indeed, I know no fuch thing. Sol. Gen. That cannot be, my Lord, that any fuch thing fhould be, for all were Papifts then, there was no fuch thing as a Proteftant in the time of Ed. 3. Freind. My Lord, there is a ftatute of the Third of James the Firft, cap. 4th, and other ftatutes made in the time of King Charles the Second, particularly in in the 30th year of his reign cap. 2d. Whereby Whereby it is plain they are not to be believed against Proteftants, because they believe them guilty of damnable herefie; and by thofe ftatutes they are reputed infamous. L. C. 7. Where is your ftatute? Freind. My Lord, I have no ftatute book, I defire it may be enquired into, this advice was given me by my lawyer, I am no lawyer myself, there is the ftatute of 3 James the Firft, cap. 4. and the next is 30 Car. 2. cap. 2. L.C. 7. Well, the ftatute-book fhall be looked into. Freind. My Lord, the perfon is not come, who is to give evidence againft Capt. Blair, the principal witnefs, he is a prifoner at the Gate-houfe, and your Lordship was pleased to fay you would have patience till he came." L. C. J. Yes, yes, we will ftay 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 Sollicitor 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 fo great. After much ado Courtney came in. L. C. J. Is this the witnefs you would have? Freind. Yes, my Lord, it is. L. C. 7. Then what do you fay to him? Freind. My Lord, muft I ask him the questions? L. C. 7. Yes, you must propofe your questions to the court, and they will ask them of the witneffes. If this be the peryou speak of you had best examine him. fon Freind. Mr. Courtney I defire you would fpeak what you know of Captain Blair. VOL. II. NO. 33. | Cortney. Gentlemen, I have been a priin the Gate-house about a month, and while I was there Captain Blair at the fame time came in as a prifoner, as mentioned in the proclamation; being my old acquaintance, (I was in bed being in upon fome other accounts,) and when they told me Captain Blair was brought in, I defired him to come into my chamber. I told him I was forry to fee him there, I told him I hoped he was none of thofe concerned in this plot; he faid he was in the proclamation, but that he was innocent, and knew nothing of the plot, nor of the affaffination, nor any thing like it; there were several other perfons in that place at the fame time, and he said he was as innocent as the child unborn. Freind. Did he mention any thing of me then? Cortney. At that time he faid nothing of you. Freind. Pray, Sir, do you believe he is a Roman Catholic? Courtney. I do not know his religion indeed. Freind. But do not you know him to be a Roman Catholic? Courtney. He bore the character of one, but I never faw him at any church. Juft. Rokeby. Pray, Sir, how long have you known Captain Blair? Courtney. By fight, I have known him 6 or 7 years. Juft. Rokeby. Pray, upon what account did you call him Captain? Courtney. It was a common name among all the company: He was called fo. L. C. 7. 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. Freind. But did not you 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 H I have very little knowledge of his religion. L. C. J. Is this what you can fay? Courtney. There are feveral others that were witneffes of this, as well as I, I never faw you Sir John Friend, before in my life, to my knowledge, nor ever spoke to you. Freind. Sir, a note was fent to me, that you could do me fome fervice, and that was the reafon I fent for you. I defire Mr. Carpenter, Mr. King, and Mr. Payne may be called. L. C. J. Have you done with this man then? Freind. Do you know Captain Porter, Sir? Courtney. Yes, I do, Sir. Freind. Sir, do you know him to be a Roman Catholic? Courtney. Sir, I have heard that he has fuch a character. L. C. J. What character has he? nian. L. C. J. If you have done with him, then the keeper may carry him back again. Courtney. Sir, I have fomething elfe to fay. Freind. My Lord, he says he has fomething else to say. L. C. 7. Then fet 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 Gatehoufe, who was an Enfign in the army, was reading the Flying Poft in my chamber, and in that Flying Poft there was news that Capt. Blair was making a great discovery, and that he had accufed Sir John Freind, for having received a commiffion for a regiment in which he was to be LieutenantColonel, and faid a great deal about that regiment, how he had received fubfiftence | money for them from Sir John Friend. A little after Captain Blair came into the room, and asked me if I had heard the news; I told him yes; and Captain Blair then asked 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 Freind, and had received fubfiftence money from Sir John Freind for the men of the regiment. Captain Blair anfwered, 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 furprise upon me, and upon those others that heard him, when we were told he was to be the main evidence against Sir John Freind. Freind. Well, Sir, do you know any thing else? Courtney. Captain Blair was bemoaning himself afterwards, that he went against his confcience in this thing, and his wife told me that he was very much concerned, becaufe he was going to do this against his confcience, and fhe was fure it would break his heart. Freind. Do you know any thing more? Courtney. And he told me in his chamber upon Friday night laft, about nine o'clock I came to fee 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 faid he was very ill. Pray, faid I, what ails you? Sure you? Sure you have gotten fome very great cold. Oh, no! fays he, life is fweet, I do not know what it is I ail, but were it not for life, I fhould never do what do. I that it was taken notice of, but it seems walking about the room: In the mean fome body has acquainted Sir John Freind, time Captain Blair came in, and asked if and so I am brought here, I know nothing of being a witness, I affure you. we had got the news? we faid yes, and he asked what news there was in it? I replied, it is faid that you are making a great difcovery, that you were to be LieutenantColonel to Sir John Freind, and had re Juft. Rokeby. Pray, who were prefent when this difcourfe was between you and Blair? You fay there were two other perfons prefent when this difcourfe was be-ceived a great deal of fubfiftence money tween you and Captain Blair and his wife, who were those two perfons? Courtney. What discourse do you speak of, my Lord ? L.C. 7. You faid there were two perfons in your chamber. Courtney. Does your Lordship mean at the reading of the Flying Poft? L. C. J. Yes. Courtney. My Lord, this gentleman that I was fpeaking of was lying down upon the bed, and Captain Blair came into my room juft after the news was read, and asked me if I had got the news, I told him yes, he asked what was the import of it? I told him, they faid he was making a great discovery, and particularly against Sir John Freind. L. C. 7. Well, and who were there then? Courtney. This Enfign that is now a prifoner in the Gate-house, who I fuppofe can fay the fame thing. Att. Gen. Pray, my Lord, let Mr. Blair be called while he is here, and let him know what this witnefs fays, that the court and jury may know what he has to fay to it. L.C. Yes, pray let Mr. Blair be brought in again; (which was done.) L. C. J. Treby. Now, let Mr. Courtney repeat what he faid now before about Capt. Blair's declarations to him. Courtney. My Lord, I tell your Lordship, there was one 'Tooley a prifoner in the Gatehoufe; when he heard the Flying Poft cried, bought it, or it was ordered to be bought, and it being brought into my chamber, I defired him to read it, and I was for the regiment: Says he, they may put what they will in their news, but I know of no regiment, nor any fubfiftence, nor of any commiffion. The man that read the book, will fay the fame that I do. Att. Gen. When was this? Courtney. This was one day when the Flying Poft came out, the last Saturday but one I think. L. C. J. But you talked of fomething he fhould fay to you of going against his conscience? Courtney. That was upon Friday night laft, I came to fee 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 miferable condition, truly I thought he was giving up the ghoft, I asked him upon what account he was fo fad, and told him I though he had got fome great cold; he told me, no. Well, faid I, Captain Blair, I understand you are going to-morrow to Hicks's-hall, and I pray God direct you. (Says he feveral times) I pray God direct us all; life is fweet. Oh! fays his wife, dear Sir, he would never do it, but to fave his life; but it goes against his confcience: So faid I to him, you have had the character of an honeft gentleman; I hope you will fhew yourself fuch, 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 fomething to that purpose; which fhewed all the remorfe of confcience which could be in the world. I fpoke of this innocently among the prisoners, and it seems it was com communicated to Sir John Friend, and so I am brought here to testify it. Att. Gen. Pray what fay you to this Capt. Blair? hear what he fays, do you give an account what you know of it. you L. C. 7. You hear what difcourfe he fays he had with you, what fay you to it? Capt Blair. My Lord, this gentleman crouded 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 defired no company might come to me. Says he, Captain Blair, I have heard you have been an honeft gentleman all along, and you are going to Hicks's-hall to-morrow, and a great deal of fuch difcourfe as that, and I pray God Almighty direct you: That's all that I know paffed. I was very ill, very fick, as I am far from being well now; but as for any thing of remorse of confcience, as I hope for mercy and falvation, I never expreffed any fuch thing to him. L. C. J. Did your wife fay, that you were troubled, that you were going to do that which went against your confcience, and you would not do it but to fave your life? Capt. Blair. No, I am fure fhe did not. L. C. J. Did that gentleman thruft himfelf into your company, or did you defire him for to come to you? Capt. Blair. No, he thrust himself into the room. Courtney. The fink was hard by, and 1 heard Captain Blair groan, and fo I went in to see him; every body had access to him. Capt. Blair. Pray, where is the Keeper? Keeper. Here I am, Sir. Capt. Blair. Did not I beg of you for God's fake, that no one should come to me but my wife? Sol. Gen. What do you fay as t cCapt. Blair's defiring that no body fhould come to him, but his wife? Keeper. No body was to come to him unlefs 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. Capt. Blair. I always defired to have the door locked with the key on the infide, that no body might come to me but whom I had a mind to. Keeper. He did fo, becaufe he was ill, and no body did come to him that I know of. Capt. Blair. My wife being with me came to the bedfide, while this man was with me, and I was lying upon my back, and faid the, for Chrift Jefus' fake, dear Blair, do not speak any thing. L. C. 7. When was this? Capt. Blair. When this gentleman was with me, the defired me not to fay any thing before him; because faid fhe, I do not know but he know but he may be a trepan. Courtney. Upon the word of an honeft 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 confcience, and you would not do it but to fave your life. Att. Gen. Pray, what is this man committed for, you Keeper? Keeper. He is committed for fufpicion of treaton. Courtney. I have been taken up five times upon fufpicion, and this last time I was committed to the Gatehouse. Att. Gen. Where do you live, Sir? Courtney. In Old Southampton Buildings. Att. Gen. How long have you lived Att. Gen. If the Keeper of the Gate- there? house be here, pray fwear him. Courtney. I have lodged there about four years and an half; there are feveral perfons The Keeper of the Gate-houfe was fworn. can come and give a teftimony of me. Sol. Gen. How |