away a single sheet before it was corrected, which was useless, and no true copy of that charged in the indictment; neither was the title there, or knows he if the first part of the book had any dependence on that sheet; so that it is uncertain whether that sheet be part of the book contained in the indictment; neither is there more than one witness to this; and if it be the same, I was only present with my friend, accompanying him, and you may find the names of ten that own the book; so it does not affect me.
The three soldiers depose the same in substance, that I gave Lewis one out of my pocket, and told him where I believed he might buy more: they were publicly sold all over the city; so I hope the jury, being men of conscience, will not think, that giving away a sheet and a half of paper, or drinking with an acquaintance, crimes sufficient to take away my life. For though they say I asked them a question, viz. when they received any pay, yet I used no aggravating expressions, or mutinous provocations, or malicious counsel, to incense them against their officers, or stir them to rebellion; so that it is no evidence of treason against me.
The next thing charged is the "Salva Libertate," which the Lieutenant of the Tower says I delivered to him. He is but one witness; and as I have a suit now depending against him for four or five thousand pounds, he is a professed adversary, therefore no good witness; neither does he swear the hand is mine, or that I wrote it; so his testimony is invalid. I likewise commenced a suit against Colonel Titchburn for the like sum; so that as he is my adversary, he is no legal judge; and I desire he may be ordered off the bench. I believe likewise that part of the Tower where the Lieutenant says I gave him those papers, is not within the liberties of the city; then why should I be tried by a London jury? not that I have any objection against the gentlemen of the jury; but if the fact be committed in Middlesex, the trial ought to be by a jury of the same county.
Thomas Daffern deposes, that he went with me to Winchester House in Southwark, where I delivered him a book to carry to Colonel Ayres; he doth not say the book is mine, or of my writing; but however, Winchester House being in Surry, is not triable by a London jury; therefore I shall say no more to that, neither need I give any answer to the testimony of the Marshal, or Governor of Warwick Castle, or to the evidence of Colonel Purefoy.
The next charge is the "Preparative to an Hue and Cry," &c. which the Lieutenant of the Tower says I gave him in the Tower, which I am certain is in Middlesex, so not to be tried by a jury of citizens of London; neither knows he if this be the same book I delivered to him.
James Nutleigh and Edward Radley depose they saw me deliver a "Preparative" to their master's hands, and say I owned it to be mine, the printer's errata excepted, which the lieutenant of the Tower swears I expressed to be many. Now I question whether the Temple be within the liberties of London; however, the errata, which are many, for ought the witnesses or jury know, may be those very clauses with which I am charged, for they are not proved to be otherwise; so that they not proving six lines thereof to be mine, and I owning no more than was free from the errata, which were many, their testimonies are of no weight.
