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NICHOLAS BAYARD. 531

The Solicitor General. I have now proved by the witnesses
those false and scandalous tibels set forth in the indictment,
whereby the good, peace and quiet of the government haa
been disturbed, which by this act of assembly is high treason.
I have likewise proved, that the soldiers were drawn in to
sign those scandalous libels, and that some did sign blank
rolls, which was listing of soldiers, and is treason. These
words in the petition to the lieutenant governor and council,
viz. ‘who we understand, by certain advice we have received
from England, to be nominated by his majesty to succeed
the late Earl of Bellamont as our governor,”’ are a disowning
and casting off the present authority, and his majesty’s gov-
ernment.

Hr, Nicholl, Your Honor and the jury will please to take
notice, that the indictment consists of divers heads; as, that
the prisoner did compass, imagine, contrive, propose and de-
sign to defame the peace, good and quiet of this his ma-
jesty’s government; that he used divers indireet practices
and endeavors to procure mutiny and sedition among the
soldiers; that he drew in numbers of them, the said soldiers
and others, to sign false and scandalous libels, and that he
had signed them himself; that in these libels it is declared,
that the subjects in this province are and have been for many
years last pest, by those entrusted in the administration of
the government, oppressed; and that the government hath
been, and is rendered cheap and vile in the eyes of the peo
ple; as, also, that the General Assembly of this province is
not a lawful assembly; by which means he hath incited his
majesty’a subjects to cast off their obedience to his maj-
esty’s said government.

‘The prisoner is not directly charged here with any fact,
except his own signing the said libels, but for endeavors; the
rest are forced conclusions and strained inferences drawn
from thence. It is not alleged, that the peace of the govern-
ment has been disturbed, or that any mutiny or sedition has
been amongst the soldiers, or that any one of his majesty’s
subjects has cast off his obedience to his majesty’s aaid govern-

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