Moneys advanc'd and paid off in the Exchequer, on the following Funds, to March 22. 17. Blanks 1710, of 145. per Annum for 27 Years, 91. 18 s. Prizes 1710, due Lady-Day 1716, are paid off. Annuities for 99 Years. 1693, 14 1. per Cent. Excife 1705, 3700 1. per Week Excife 1706, additional Customs and Excife Years Purchase. 17 1707, Low Wines,Sweets,Pedlars and Cuftoms 17 1708, 800001. 1 Moiety of old Ton.& Pound. 17 1708, 40cool. Surpluffes 17 91. per C. 26 Years Excife, Raifins,Spices,Snuff 12 Bank Annuity-Books open April 2. 1717. Bank Transfer-Books open April 17. FINIS. THE 95 Hiftorical Regifter. NUMBER VI. GREAT BRITAIN. The Tryal of Mr. Francis Francia, for High Treafon. T HIS remarkable Tryal came on at the Old-Baily, Fanuary 22, 1716-17. The Judges on the Bench were the Lord Mayor of London, the Lord Chief Baron Bury, Mr. Juftice Tracy, Mr. Juftice Prat, and Sir William Thompfon, Recorder of London. The Counfel for the King were Sir Jofeph Jekyl, his Majefty's firft Serjeant,at Law; Sir Edward Northey, Attorney-General John Fortefeue Aland, Efq; Solicitor-General Spencer Cowper, Efq; Attorney-General to the Prince Mr. Denton, and Mr. Cowper, Jun. Thofe for the Prifoner were John Ward of the Inner Temple, Efq; Hungerford of Lincoln's Inn, Efq; and Abel Kettleby of the Inner Temple, Efq; After the Prifoner had challeng'd as many of the Perfons that were impaneld for his Jury, as the Law allow'd him to do, the twelve fworn were Jurors, whofe Names are as follows; The Indictment fet forth, That the Prifoner had confpir'd and imagin'd the Death of the King, his fupreme, true, natural, lawful, and undoubted Lord, and carry'd on a traiterous Correfpondence with Perfons beyond the Seas, and folicited Affiftance from thence to levy War against his Majefty, and excite a Rebellion to favour an Invafion of his Majefty's Dominions, in order to fix on the Throne the Perfon who, during the Life of the late King James the fecond, pretended to be Prince of Wales, and fince the Death of the faid King, had taken upon himself the Style and Title of King of England, by the Name of James the third. The feveral Overt-Acts, as laid in the Indictment, were, That the Prifoner confulted and agreed to raise an Infurrection and Rebellion against the King; and that for that Purpofe he wrote Letters to divers Foreigners, to folicite and procure Arms, Men, and Money, and to caufe an Invafion; and that he caus'd thofe Letters to be sent to divers Foreigners in France. The Prifoner having pleaded not guilty, Mr. Comper, Jun. one of the Counsel for the King, open'd the Indictment; after which, Sir Jofeph Fekyl spoke, and in particular took Notice of the Nature of the Crime for which the Prifoner ftood indicted; which, he faid, was the firft Species of High Treafon, mention'd in that ancient Statute, 25 Ed. 3. that is, Compaffing and Imagining the Death of the King. He likewife took Notice of the Evidence they thould produce to prove that Treafon, viz. the Copies of Francia's Letters, enter'd in his Copy-Book, with the Anfwers he receiv'd to fome of thofe Letters, which he thought was as full Proof as could be expected in fuch a Cafe. He added, That the couching fuch a Correfpondence in the Cant of a Law-Suit, (which he own'd to be the prefent Cafe) would not fcreen an Offender from publick Juftice, in cafe a traiterous Correfpondence could be made manifeft; for if that would evade the Juftice of the Law; it would be impoffible to bring Traitors to Puniftment. He concluded with faying, That they, who were the King's Counfel, did not defire to put any forc'd or ftrain'd, nor indeed any other, Construction upon those Letters, than what the Prifoner himself had done already; and that he would nor aggravate the Nature of the the Offence; but chofe ratlier to appeal to the Judgments of the Jury, than to excite their Paffions. Mr. Attorney-General spoke next, and took Notice of the Preparations that were making many Months for the Rebellion that broke out in Scot land, in September 1715, under the Earl of Mar; and in Northumberland, in October after, under Mr. Forftex. He proceeded, That the Prifoner came acquainted in the Year 1713, with the Abbot Butler, call'd, the Vi dame of Cambray, who was then in England with the Duke D' Aumont. That the Abbot had a Relation of his Name, Barbara Butler, who had a Suit at Law depending here, which he recommended to the Care of the Prifoner, and, he believ'd, that might be the Beginning of the Correfpondence between them, which began in the Queen's Time, from the going away of the Duke D' Aumont, and continu'd 'till the Prifoner was feiz'd, which was on the 19th of September 1715. That he likewife carry'd on a Correfpondence with one Payen, alias, D' Aulmay de Coulange, who, as well as the faid Abbot, was an Agent for the Pretender in France, under the Duke D' Aumont and the late Duke of Orleans, who held a Correfpondence Ormond with Mr. Harvey of Combe, in order to favour the Pretender's Invafion. Then Mr. Attorney-General gave an Account of the apprehending of Francia, and the feizing of his Papers; which were produc'd in Court; and, to make it appear that they were the fame that were taken in the Prifoner's Cuftody, the Counsel for the King call'd feveral Witneffes; the first of whom was Mr. Jofeph King, one of his Majefty's Meffengers; the Subftance of whofe Depofition amounted fo no more, but that on the 19th of September 1715, he had a Warrant to feize the Prifoner. That he Avent to his Houfe in Plough-Yard in Fetter-Lane, together with Wilcocks, another Meffenger, fince deceas'd, and found him and a Woman, whom he call'd his Wife, in Bed. That there was a Clofet in the Room, the Door of which he caus'd to be open'd, and in it, upon a Shelf, found a Parcel of Letters lying open in Folio, written in French, and a Book lying upon the Defk. That he put up the Letters and the Book together; which Francia obferving, afk'd him, Why he fook that Book? For, faid he, that is my Copy-Book of Letters to my Correfpondents, and there is nothing material in it. That he [the Meffenger] took N2 Notice Notice of a particular Sort of Writing at the End of it, [which was the Name of Thomas Francia in large Church Text] by which he knew it again; and that the Prifoner faid, that was his Son's Writing. Smith farther depos'd, That he carry'd the faid Book and Letters to the Lord Townshend's Office, and there deliver'd them to Mr. Horatio Walpole. The faid Mr. Walpole was next fworn, and depos'd, That the Warrant for feizing the Prifoner, was granted on the 19th of September 1715; and that the next Day Mr. Smith and Mr. Wilcocks came into his Room, and gave him a Copy-Book and a Parcel of Letters, which, they faid, they took at Francia's House. That he and Mr. Buckiey look'd over them, and that he then carry'd them to the Lord Townshend. That the Prifoner own'd the Copy-Book and Letters, when he was examin'd before the Lord Townshend. That he kept the faid Book and Papers in his Cuftody, 'till he was fent to Holland for the Dutch Troops; and that he then deliver'd them to Mr. Buckley. Then Mr. Buckley, being fworn, depos'd, That when the Letters were brought to the Office, he read feveral of them; and that when Mr. Walpole went to Holland, they were left with him, and he copy'd feveral Paffages out of them. He farther declar'd, That he was prefent at the Prifoner's Examination; but could not fay, that either the Book or Papers were fhewn to him, because he was then bufy in taking the Examination; but he faid, That Francia, when he was examin'd, refus'd to be fworn upon a New Teftament, but took a Book out of his Pocket, and was fworn upon that, That his Examination was true. That he Mr. Buckley) read over the Examination to him, and that the Prifoner fer his Name to it; that he was not refus'd the Liberty of reading it, but might have read it himself, if he had defir'd to do fo. These three Witneffes being cross-examin'd both by the Prifoner and his Counfel, as to their being certain that the Copy-Book and Papers produc'd in Court, were the fame that were feiz'd in the Prifoner's Houfe, they were all very pofitive in the Affirmative, because they knew them by certain Marks; particularly Mr. Buckley, because he had by the Lord Townshend's Order made Extracts out of them, and put the two initial Letters of his Name to them, he fore |