[6 give evidence on behalf of his majesty against | evidence against said Mary; and said Edward, said Heath upon said trial; and saith, some of on his return, informed depoñent, she was by said witnesses, who are material to be examined force detained in the house of the said Blake on said trial against her, have a call to Englandney, and that (though she declared her wil upon business of great importance; and others, who are very material evidences against her, are very old and infirm; so that deponent saith, if the trial of said Heath should be put off from this term to next it will put the prosecutors to very considerable expences and hardships; and not only so, but it will be highly inconvenient to, and almost impossible for several other witnesses (who are obliged as soon as they can to go for England) to attend in this king. dom next Hillary term, without neglecting affairs of the greatest consequence; and several other very material witnesses, who are old and infirm, may die, or become so weak and infirm as not to be able to attend next term. Saith, that the application on behalf of said Heath to put off her trial to next term is intended, as de lingness to give her testimony) said Blakeney would not permit her to go, but forcibly kept her in his house, notwithstanding her endeavours to come away. Whereupon, deponent caused a Subpœna to issue, requiring said Sarah to attend to give evidence on the trial of said Mary, which deponent sent to be served on said Sarah, to oblige her to attend, pursuant to such Subpœna. Saith, deponent intended, before he sent said Subpœna to be served on said Sarah, to apply to this court for a writ of Habeas Corpus for her, she being confined and detained by force in the house of said Blakeney, as deponent was informed; and accordingly, said Edward and John Weedon, another son of said Sarah's, made severally an affidavit, as deponent believes, on the 8th of November in ponent verily believes, not only to put the pro-stant, in order to ground a motion thereon for secutors to great expence, but also for other ends and purposes, and to avoid or postpone, as much as she can, her being tried. Says, if said Heath's trial should be put off to the next term, she will not, nor can she be so effectually prosecuted as she would now be, in regard that several material witnesses against her will be under a necessity of being next term in Eng a writ of Habeas Corpus for said Sarah; which motion deponent would have made, but deponent afterwards thought it more proper to try whether by service of a subpœna, said Sarah would be permitted to come to Dublin, to give evidence on the trial, deponent believing, said Blakeney would not oppose an obedience to said Subpœna. Saith, the person sent by de land, and said Heath may, for want of the evi-ponent to serve said Subpæna is not yet return dence of such witnesses, be acquitted. Where. as, if such witnesses could and did attend to give evidence against her, she would be found guilty of perjury, as deponent verily believes. And believes said Heath had time sufficient to prepare for and have any witnesses material for her. Saith, he is credibly informed and believes, said Heath, or any one for her, did not, since she was apprehended for said perjury, issue any summons or subpœnas for any witnesses to come to attend and give evidence on her trial; nor has she, or any other person on her behalf, as deponent believes, since she was taken for said perjury, used any means to have any witnesses ready to appear for her, in expectation and upon an assurance given her, as deponent is informed and believes, by some of her managers, that said trial would be put off. Doth not know or believe that Mary Judd, Sarah Bonner, and Sarah Heath, mentioned in the affidavit of said Mary Heath, or any of them, were examined on the trial in ejectment, had in the Exchequer last Michaelmas term between the lessee of James Annesley and the earl of Anglesea. Saith, he doth not know or believe that Sarah Weedon, mentioned in said Heath's affidavit, is a material witness for her; but, on the contrary, is informed, said Sarah is a material witness against her. Saith, deponent being informed said Sarah Weedon was a material witness against said Mary, he, for that reason, and for no other ends, sent Edward Weedon, son of said Sarah, to the county of Galway, to colonel John Blakeney's, where deponent was informed said Sarah was, in order to bring her to Dublin, to give ed, that deponent knows or believes. Denies, he, or said James Annesley, or any other con. ( cerned for him, or who carry on the prosecution against said Mary Heath, to deponent's knowledge or belief, have lately, or at any time, by bribes, or otherwise, attempted to seduce or carry off said Sarah from said Blakeney's to prevent her from being examined on the trial of said Mary, as is untruly insinuated by the affidavit of said Heath; nor doth depo. nent know or believe, nor does said James Annesley, or any other person concerned for him, as deponent believes, know or believe, said Sarah is a material witness for said Heath upon her trial. Verily believes, said Sarah is detained in the house of said Blakeney, merely because she is a material witness against said Mary, and to prevent her from being produced as a witness; and deponent is convinced, said Mary could, if she pleased, have had said Sarah Weedon to attend on the 14th instant upon her trial, Saith, deponent's intention to send for and bring said Sarah to Dublin, was to give evidence against said Mary, and not to prevent her giving evidence, as is falsely insinuated by said Mary's affidavit; and denies he, by himself, or any other, attempted to bribe said Sarah; nor did deponent since he embarked in the affairs of the said James, attempt to bribe, or by any unfair or unlawful means, to seduce or prevail upon any person to give evidence in behalf of said James; nor doth deponent know or believe, that any attempts of bribery or other unlawful or unfair means were made use of (by said James Annesley or any person concerned for him) to give evidence for him in the suit be ween him and said earl of Anglesea, or to stifle or prevent the evidence of any person who could give evidence for said earl or for said Heath; but, on the contrary, deponent hath all along, since he engaged in the affairs of said James Annesley, carried on the same with all legal and fair ways and methods, and deponent is determined so to do in the conduct of said James's affairs. Believes, and is convinced by very sufficient proofs, that deponent has had of the same, that many unfair and illegal endeavours and attempts have been made use of by persons concerned for said earl and said Mary Heath, not only to bribe and corrupt witnesses, but also, by very unfair and illegal means, to intimidate and seduce several persons from giving testimony on behalf of said James, and to have said Mary acquitted of the perjury of which she is indicted." On the 13th of November the matter was debated by counsel, and the Court were of opinion the trial ought to be put off. And afterwards, by consent of all parties, the day of trial was appointed to be Monday the fourth day of February, 1745. On the 20th of November, 1744, the counsel for the prosecutors moved the court for an attachment against colonel John Blakeney, for his contempt of the Court, in not permitting Sarah Weedon to attend the Court on the 14th day of November, in obedience to a Subpœna, with which she was served; and grounded this motion on the following affidavits. "THOS. CARTER, esq. Attorney and Coroner of the Lord the King against MARY HEATH. "James Magrath, of the city of Dublin, came this day before me and made oath, that on the 13th day of this instant November, this deponent accompanied Andrew Ross, of Mary's-town in the county of Roscommon, gentleman, to Abbort in the county of Galway, where John Blakeney, esq, lives, the said Andrew Ross being employed to serve Sarah Weedon with a subpæna, commanding her to attend in his majesty's Court of King's-bench on the 14th day of this instant November, to give evidence in this cause. And this deponent saith, That the said Andrew Ross did, as this deponent believes, on the 13th day of November serve the said Sarah Weedon with the said subpœna; and this deponent having stood at a little distance from the said John Blakeney's house, to wait for the said Andrew Ross, the said Andrew Ross in some short time after he went into the said house, returned to deponent, and desired this deponent to get off as fast as he could; and that when the said Andrew Ross turned the corner of the avenue he would change horses with deponent. That deponent thereupon, believing the said John Blakeney intended to have this deponent very ill treated for coming with the said Andrew Ross to have the said Sarah Weedon served with the said subpoena, this deponent therefore rode off, and at some distance from the said house exchanged horses with the said Andrew Ross, and, in some time, deponent looked behind, perceived several persons on horseback pursuing, as this deponent apprehended, the said Andrew Ross and this deponent; and therefore this deponent rode forward as fast as his horse could carry him, and by that means deponent escaped any insult or danger intended him; and this deponent verily ded him: believes the said persons were sent in pursuit of this deponent and the said Andrew Ross by the said John Blakeney, with intent to treat them very ill, and to prevent their carrying the said Sarah Weedon to Dublin, to give evidence against the said Mary Heath, as this deponent verily believes." "THOMAS CARTER, esq. Attorney and Coroner of the Lord the King, against MARY HEATH. "Whereas there issued forth of his majesty's Court of King's-bench in Ireland, and under the seal thereof, his majesty's writ of subpæna in this cause, bearing date the 8th day of November instant, directed to Sarah Weedon, commanding her to be in the said Court of King's-bench on Wednesday the 14th day of November instant, to testify the truth concerning a certain trial between Thomas Carter, esq. attorney and coroner of the lord the king, and Mary Heath: now, Andrew Ross, of Mary's-town, in the county of Roscommon, gentleman, came this day before me and made oath, that on the 13th day of this instant November, in the forenoon of said day, this deponent personally served the said Sarah Weedon with the said subpœna, by delivering unto her, at the house of John Blakeney, esq. at Abbort, in the county of Galway, a true copy of the said subpœna, and at the same time gave the said Sarah Weedon a British shilling in silver, and shewed her the said original subpœna under seal as aforesaid; and this deponent saith, That before this deponent served the said Sarah Weedon as aforesaid, this deponent, as he was going towards the house of the said John Blakeney, met the said John Blakeney, with a gun in his hand, coming towards deponent; and deponent told the said John Blakeney, that deponent had a message to deliver, which deponent said he did not think proper to deliver until deponent had acquainted the said John Blakeney therewith; and upon the said John Blakeney's asking what it was, deponent told him, that deponent had a subpæna to serve upon Sarah Weedon; and deponent having shewn and produced to the said John Blakeney a copy of the said subpœna, the said John Blakeney having taken and read it, said, the said Sarah Weedon could not be there (meaning, as deponent believes, in the said Court of King's-bench) in that time; upon which deponent said, he had so provided for her, that deponent wonld engage she should be there the next day in time: whereupon, the said Blakeney swearing, said, he would take care the said Sarah Weedon should not be there the next day. That deponent thereupon begged 9] for Perjury. he might see the said Sarah Weedon; to which the said John Blakeney in answer, said, with an oath, that deponent might see her, but that he, this deponent, should not take her away; but this deponent saith, that he, this deponent, went into the said John Blakeney's house, and there served the said Sarah Weedon with the said subpœna, as aforesaid. And upon behind him, perceived several persons on horseback pursuing, as this deponent apprehended, the said James Magrath and this deponent, which gave this deponent the greater reason to fear some danger, and thereupon deponent pushed forward as fast as his horse could carry him, and by that means escaped any danger or insult that might be intended by the said this deponent's serving the said Sarah Weedon, ❘ persons, who, deponent verily believes, were as aforesaid, she said she thought she was to nent had come on the aforesaid errand to serve sent in pursuit of this deponent, or of the said James Magrath, by the said John Blakeney. And this deponent saith, that by the aforesaid means of said John Blakeney, this deponent could not carry the said Sarah Weedon to Dublin, to give evidence in pursuance of the said subpæna; and this deponent verily believes, the aforesaid opposition and behaviour of the said John Blakeney was merely to prevent the said Sarah Weedon's coming to Dublin to give evidence against the said Mary Heath." But the Court made no rule. On the 21st day of November, 1744, the counsel for the prosecutors moved the Court for a writ of Habeas Corpus to be directed to colonel John Blakeney, requiring him to have the body of Sarah Weedon before the Court; and grounded this motion on the following affidavits: sworn the 8th of November. "The KING against JOHN BLAKENEY, esq. "John Weedon, of the city of Dublin, came this day before me and made oath, that Sarah Weedon, this deponent's mother, is now detained against her will, and without any legal process at law or warrant against her, at the house of John Blakeney, esq. at Abbort, in the county of Galway. And this deponent saith, that on Tuesday the 30th day of October last, this deponent was at the said house of the said John Blakeney, with deponent's said mother, in order to carry her away from the said John Blakeney, but this deponent could not. And this deponent further deposeth, that in the evening of the said 30th day of October, this deponent went with his brother, Edward Weedon, to the said house of the said John Blakeney, in order, if they possibly could, to carry their said mother away; but the gates of the said John Blakeney's yard, and the doors of his house having been shut and locked, this deponent and his said brother knocked at the gate, and the said Sarah Weedon looking out of a window up one pair of stairs in the said house, desired this deponent and his said brother to go off as fast as they could, for that the doors were locked upon her, and she could not get out; and that if this deponent and his said brother did not immediately go away, they would be knocked on the head. Whereupon this deponent and his said brother went away, being afraid of danger if they stayed any longer; and this deponent verily believes, the said John Blakeney will, for some unlawful ends and purposes, continue to detain the said Sarah Weedon against her will, and by force and duress, and without any authority for so | deponent's wife and family frequently visit doing." "The KING against JOHN BLAKENEY, esq. "Edw. Weedon, of the Gravelly-hill, in the county of Carlow, came this day day before me and made oath, that Sarah Weedon, this deponent's mother, is now detained against her will, and without any legal process at law or warrant against her, at the house of Johu Blakeney, esq. at Abhort, near Castle-Blakeney, in the county of Galway. And this deponent further deposeth, that in the evening of the 30th day of October last, this deponent went with his brother, John Weedon, to the house of the said John Blakeney, in order, if they possibly could, to carry their said mother away; but the gates of the said John Blakeney's yard, and the doors of his house having been shut and locked, this deponent and his said brother knocked at the gate; and the said Sarah Weedon looking out of the window up one pair of stairs in the said house, desired this deponent and his said brother to go off as fast as they could, for that the doors were locked upon her, and she could not get out; and that if this deponent and his said brother did not immediately go away, they would be knocked on the head. Whereupon, this deponent and his said brother went away, being afraid of danger if they stayed any longer. And this deponent verily believes, the said John Blakeney will, for some unlawful ends and purposes, continue to detain the said Sarah Weedon against her will, and by force and duress, and without any authority for so doing." Mr. Thomas Blakeney, attorney, informed the Court, That to his knowledge the material facts mentioned in the foregoing affidavits were false; and offered that colonel Blakeney should answer those affidavits, if those concerned for the prosecutors would agree he should do so at peril of costs, and would under take to pay the costs. This offer Mr. Mac Kercher, then present in court, declined. Mr. Blakeney then desired, that Edward and John Weedon, who made the affidavits, should be ordered to attend, and undertook to falsify their affidavits, by affidavits. And accordingly, the Court put off the motion till next day, and ordered the said Edward and John Weedon to attend then, and Mr. Blakeney to make affidavit in the mean time. On the twenty-second day of November 1744, the above affidavits of John and Edward Weedon were read; and the following affidavits of Mr. Thomas Blakeney and Edward Kilkelly were produced and read. "The KING against JOHN BLAKENEY, esq. "Thomas Blakeney, gent. maketh oath, that he very well knows John Blakeney of Abbort, in the county of Galway, esq. that he is this deponent's near relation, and lives within two miles of this deponent's place of residence in said county, and that he, his his family, and this each other. Deposeth, That on the day but one after a verdict was given in the Court of Exchequer on a trial, which was had between the lessee of James Annesley, esq. and the earl of Anglesea, this deponent received a letter from this deponent's wife, wherein she mentioned that old Mrs. Weedon, who then lived at Abbort, said, That she lived for many years with lord and lady Altham, and that said lady never had a child while in Ireland; but that one Juggy Landy had a child called James Annesley, and that lord Altham was supposed or deemed to be his father, or to that purpose; which letter deponent shewed to several gentlemen, and was the first account deponent ever had of said Mrs. Weedon's knowing any thing of that matter, or of her living in said lord Altham's family. Deposeth, that some time about last Christmas holidays this deponent was at Abbort aforesaid, and there saw the said Mrs. Weedon, and asked her, whether she lived with lord and lady Altham, and if said lady ever had a son? And Mrs. Weedon declared that said lady never had any child whatsoever since her coming into Ireland, to the time that she and lord Altham had separated. That deponent asked said Mrs. Weedon if she knew Jemmy Annesley, or whose son he was; that said Mrs. Weedon said she did know Jemmy Annesley, and that he was the son of Juggy Landy, and not of lady Altham; wherefore deponent always did and does believe, that said Mrs. Weedon is a material evidence for the earl of Anglesea, and not for the said James Annesley. Deponent further deposeth, That the said Mrs. Weedon has been for several years past servant to the said John Blakeney, and lived with him at Abbort aforesaid; and deposeth, That on Saturday the third day of November instant, this deponent called upon the said John Blakeney at Abbort, in this deponent's way to Dublin, and there saw the said Mrs. Weedon, and deposeth, That she was so far from being confined, or under any restraint, that she was at full liberty; that might have gone in or out, or to any place she thought proper. And deposeth, That deponent was at the same time informed by the said John Blakeney and his lady, which he believes to be true, that at 12 o'clock at night the Tuesday before, some people came about his house, and that they had taken or stolen away his servant John Weedon, and that he also believed, they also intended to take away the said Mrs. Weedon; for that he was informed they had a horse with a pillion, and that said John Weedon rode or travelled on the said pillion. Deposeth, That this deponent met said Mrs. Weedon in the common hall of said house at Abbort on the Saturday aforesaid; and that she begged of this deponent to enquire for her son Jonny, as she called him, as soon as deponent should arrive in Dublin, and to send him home, for that she was very but once sober, but that she very much feared they would keep him always drunk; and seemed greatly troubled at his being taken away. That deponent promised to enquire for him, the said John, and to tell him what she desired. Deposeth, That on Thursday, the eighth day of November instant, the said John Weedon, together with deponent's servant, called upon this deponent at a house, where deponent was at dinner in Dublin; that deponent told said John Weedon, he was sorry he had quitted his service without his master's leave, and also told him what his mother said to this deponent as aforesaid, and that she expected he would go back. Whereupon the said John said, he never would, for that he was to be much better provided for. And deponent having asked him by whom? he, the said Weedon, said, it was by the young earl of Anglesea. Whereupon deponent smiled and said, he was not Earl as yet. That said John thereupon said, that whether he was to be earl, or not, he would provide for him, and, at the same time, wished that his mother would come up, for that, if she did, she would be much happier, and have much easier bread than she had where she lived. Deposeth, That he very well knows that the said John Weedon has been for several years past servant to the said John Blakeney, and lived with him in his house at Abbort aforesaid, until he quitted him in the night of the thirtieth of October last; and deponent verily believes, the said Mrs. Weedon never was, nor is she now, as this deponent verily believes, under any manner of restraint, or in any sort confined by the said John Blakeney, or any other person; but verily believes, she is at full liberty to go where she thinks proper. And saith, he knows that the said Mrs. Weedon has been applied to, on behalf of the earl of Anglesea, to attend at Wexford, there to be examined as a witness on his lordship's behalf, on a commission, which deponent believes, is, and has been speeding there for some time, in a cause depending in the High Court of Chancery in England, wherein the said James Annesley is plaintiff, and the said earl of Anglesea is defendant." manner of the doors of the house were open, and that she sure he would return to his service, if he got | Sarah Weedon was alone, and not in any sort "The KING against JOHN BLAKENEY, esq. "Edward Kilkelly, of Liss, in the county of Galway, cooper, came this day before me and made oath, That on Friday sevennight this deponent was at the defendant's house at Abbort, in the county of Galway. And this deponent saith, That as he was going to the said house he saw Mrs. Sarah Weedon, who is, and for a considerable time hath been, servant to the defendant, and whom deponent knows very well, without the gates of the said defendant's yard, as if she was returning from the place where the cows were milking, and had, as deponent apprehended and believed, some milk in her hands carrying into the house. And this deponent saith, she the said of restraint or confinement; and deponent afterwards, on the same day, saw the said Sarah Weedon going about her business in the said house, and in no restraint or confinement; and deponent conversed with the said Sarah at that time about several matters, and she did not mention any sort of restraint or confinement, but told deponent her son John Weedon was gone away, and seemed much concerned at it. And this deponent is very sure the said Sarah is not, nor was not at any time put into any sort of restraint or duress by the defendant." Court. Call John Weedon. Mr. Harward offers to speak. Court. We have nothing to do with the birth of James Annesley; here is affidavit against affidavit, we must hear which of these affidavits is true. We are imposed on by one affidavit or other; the honour of the Court is concerned, and therefore, before we do any thing, we will hear what John Weedon has to say. Mr. Harward. With humble submission, I conceive the hearing of us after this person is examined is not a proper time; this is now my time to offer what I have to say; I shall have no occasion to speak after the examination is ended, and therefore beg leave to say a few words now, which are, that if this person is to be examined, I do apprehend it must be on the foot of some supposed transgression that he hath committed. Court. No, Sir, it is to discover the truth. We will have no concealing of the truth in this court Swear him. Mr. Harward. I do not oppose your lordship's right to examine this witness; butCourt. Read the affidavit to him. John Weedon sworn. Court. You are now to declare the truth, and nothing but the truth, and you are now likewise to declare the whole truth. You are not obliged to say any thing to criminate yourself. Q. Is your name John Weedon?-J. Weedon. Yes, my lord. Are you the son of Sarah Weedon?-Yes, I aim, my lord. Did you live with colonel John Blakeney ? I did live with him. Is Sarah Weedon your mother?-She is. When did you see her last?-1 saw her the 30th of October in the house of my master. Have you a discharge ?-I have not. When did you leave your master?-I left him the next day, the 31st of October. Why did you leave him?-1 was afraid to appear to him, because that I was with my brother. What reason had you to fear appearing before him?-For fear he should ase me ill. Did he ever use you ill?-He never did. How came you then to be afraid? Who |