Page:Tryal of Richard Francklin.pdf/13

 him from the Hague; upon which he order'd one Thomas Rawlins to be call'd.

He appearing in Court, and being ſworn, the Council for the Defendant ask'd him, whether he was preſent when Mr. Franklin was taken into Cuſtody? He anſwered, He was. Then they asked him, how he came to be preſent? He reply'd, He was called upon to aſſiſt in the apprehending of him.

Then the Council for the Defendant demanded of him to give an Account to the Court what paſs'd at Mr. Francklins. He anſwer’d, That when he, with ſome of his Majeſty's Meſſengers, came to Mr.Francklins, they preſently ſecured him, and ſearched his Pockets, and took all his Papers, and all that they could find in the Houſe. The Council asked him, whether he ſaw ever a Letter among the Papers that was taken from him? He anſwer'd, that he believ'd there might be ſeveral.

Mr. Bootle was the next Council for Mr. Francklin, who ſaid many Things in Defence of the Liberty of the Preſs, and in particular of that of the Subject; and made a very learned Harrangue on the Doctrine of Libels on Miniſters, ſuch as that nothing could be call'd a Libel, unleſs it was directly to the Defaming ſome particular Perſons, which he could not perceive the Letter from the Hague did, and conſequently till ſuch Times that the Perſon or Perſons ſo reflected on ſhall be prov'd, he could not think the Evidence given, of any Force.

The Council for the King, reply'd, That tho' no particular Miniſter was mention'd in the Hague Letter; yet, that ſome of his Majeſty's Miniſters, were meant thereby was evident, and it was no Matter who, for that it was the King's Cauſe that was trying, for the Aſperſion of ſome of his Miniſters; and