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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	great_a	know_v	lord_n	3,918	5	3.5901	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B17220	The arraignment, tryal, and condemnation of Sir John Friend, knight for high treason in endeavouring to procure forces from France to invade this kingdom, and conspiring to levy war in this realm for assisting and abetting the said invasion, in order to the deposing of His Sacred Majesty King William, and restoring the late king : at the sessions-house in the Old-Bayly, on Monday March 23, 1695/6 ...	Friend, John, Sir, d. 1696.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex)	1695 (1695)	Wing A3759; ESTC R18506	64,554	47

Prison Captain Blair has upon his Oath declared that he did not go so far as to say he did any thing against his Conscience but only Courtney bid him take care what he swore and prest him no further He pretends he came casually into Blair's Chamber but it is plain he intruded into his Room for it is sworn by the Jaylor and Blair himself that he had given directions none should come into his Room but his Wife so that does not discountenance the evidence of Blair at all and if you do believe what our Witnesses have said Captain Porter and Captain Blair then Sir John Friend is guilty of all the Crimes that are charged upon him in this Indictment and I hope you 'll be so just to your Prince to your Country and to your Selves as to find him guilty accordingly Mr. Cowper If your Lordship pleases to spare me a word on the same side My Lord I do not trouble your Lordship out of an apprehension that there is any thing necessary to be said to the Court in this matter or for the satisfaction of the Jury but if possible that we might convince the Prisoner at the Bar that he has had no hard measure in this prosecution meeted to him but that he is proved guilty of the Crime of which he stands accused and that really there is no weight at all in the defence which he has made The first part of it goes to discredit one of our Evidences Captain Blair from some discourse that he would object to have pass'd between him and the person here produced in the Prison of the Gate-house And the first part of that discourse was upon Blair's first coming into the Prison and as to that time the objection amounts to no more than this that Captain Blair would not confess when he was pump'd by a fellow Prisoner that he was engaged in so horrid a design what weight there is in such an objection truly I cannot see but will leave it to any mans judgment to consider That a man when he is freshly taken upon such an occasion does not immediately confess his guilt to every body that meets him nay to persons that would not have lik'd him for making such a confession but perhaps would have destroyed him in Prison for so doing The other discourse was upon Friday the next day I think before Captain Blair went to Hick s-hall to his examination and then he intrudes himself into Blair's Chamber when he lay very ill upon the Bed and accosts him with a cup of Brandy in his hand and with good advice at the same time that he should take great care in what he should say at Hick's-hall and the like and then Captain Blair it seems did express some reluctancy in the thing he was going about as if it were against his mind and inclination If that were true tho Captain Blair denys it positively upon his Oath yet it was no more than I am willing to observe for the Prisoner Captain Blair did express here when he first came into Court and it is no more than what is natural since the Prisoner had been his friend and intimate and he was going to Depose that against him which was likely to prove fatal to him My Lord as to another part of his Defence it consists chiefly in this the Evidence brought to prove that the Kings Witnesses are reputed Roman Catholicks and that the Prisoner is a reputed Protestant of the Church of England If that be true too all that can be rationally and fairly collected from thence is this that they the Witnesses I mean when they engaged in such a black and execrable design might be very good Papists but I am sure it will be agreed that the Prisoner in so doing was a very bad Protestant My Lord he objects to their Evidence this likewise that if they be Papists they may be absolved by the Pope or their Priests tho they should swear falsely Possibly that may be so for ought I know I confess I am not very well acquainted with the principles of that Religion but this I dare say that every one who has heard what has been sworn by them will think it so great a disservice to the Popish Cause and Interest that it will be one of the last things their Priests will ever absolve them of My Lord there 's another matter the Prisoner has thought fit to insist upon he has brought two or three Clergy-men to Depose that whenever he discoursed with them it seems at all times he was talking about being in a Plot and very readily told his resolution not to be in any It seems it still swom uppermost his professions were made very causelessly for they all say nothing introduc'd 'em but of his own meer motion he was always declaring he was not then in a Plot nor ever would be I have heard that one way weak Men and Children often discover their knowledge of a secret intrusted to them is by a repeated and unnecessary declaring that they know nothing of the matter My Lord in the next place for his defence he just offered a point of Law but the Court so well satisfied him in that that I think he waved it He alleged that a bare Conspiracy to levy War is not Treason and the Court did him right in declaring as God forbid but they should that it is not Treason but I desire the Gentlemen of the Jury would consider that the Prisoner at the Bar is not accused barely of a Conspiracy to levy War but you are told to what end that war was to be levied to joyn the late King upon his descent into this Kingdom with a French power in order to drive his Majesty out of the Kingdom and depose him from the Crown which is a killing him in the eye of the Law and that is High Treason by whatever means they intended to effect it whether by War or a Stab or any other manner it is indifferent In the next place my Lord I would take notice of another part of this defence which had been better let alone wherein he admits that he was present at the 2 meetings he is accused to have been at by Porter but he only differs in one point that there was nothing talk'd then but general and indifferent discourse The Witnesses have sworn what the discourse was and you will weigh the one against the other his affirmation of a thing unlikely in defence of himself and what is deposed upon Oath by the Kings Witnesses to the contrary My Lord there is one thing more I would take notice of and that is the Evidence of Bertram which we do not produce as a direct Evidence against the Prisoner at the Bar but as a confirmation of what was sworn by Blair And it does shew that the matter sworn by Blair was not of late devised out of malice or otherwise to destroy the Prisoner for that Blair acquainted Bertram with and

Kingdom of England into intolerable and most miserable Slavery to the aforesaid French King to Subdue and bring the first day of July in the Seventh year of the Reign of our said Sovereign Lord the King that now is and divers other days and times as well before as after at London in the Parish of St. Peter Cornhill in the Ward of Limestreet falsely maliciously devilishly and traiterously did compass imagine contrive purpose and intend our said Sovereign the Lord the King that now is then your Supreme True Natural Rightful and Lawful Sovereign Lord of and from the Regal State Title Honour Power Crown Command and Government of this Kingdom of England to Depose cast Down and utterly to Deprive and our said Sovereign Lord the King to Death and final Destruction to put and bring and the aforesaid Lewis the French King by his Armies Soldiers Legions and Subjects this Kingdom of England to Invade Fight with Overcome and Subdue to move incite procure and help and a miserable slaughter among the Faithful Subjects of him our said Sovereign Lord the King throughout this whole Kingdom of England to make and cause and that you the said Sir John Friend to the aforesaid Enemies of our said Lord the King that now is then and there during the War aforesaid Traiterously were adhering and assisting and the same your most impious wicked and devilish Treasons and traiterous compassings intentions and purposes aforesaid to fulfill perfect and bring to effect and in prosecution performance and execution of that traiterous adhesion you the said Sir John Freind as such a false Traytor during the War aforesaid to wit the same first day of July in the year abovesaid at London aforesaid in the Parish and Ward aforesaid and divers other days and times as well before as after there and elsewhere in London aforesaid falsly maliciously advisedly secretly and traiterously and with Force and Arms c. with one Robert Charnock late of High-Treason in contriving and conspiring the Death of our said Sovereign Lord the King that now is duly convicted and attainted and with divers other false Traytors to the Jurors unknown did meet propose treat consult consent and agree to procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Enemies of our said Sovereign Lord the King that now is great numbers of Soldiers and Armed men this Kingdom of England to Invade and Fight with and to levy procure and prepare great numbers of Armed men and Troops and Legions against our said Lord the King that now is to rise up and be formed and with those Enemies at and upon such their Invasion and Entry into this Kingdom of England to join and unite Rebellion and War against him our said Lord the King within this Kingdom of England to make levy and wage him our said Lord the King so as aforesaid to Depose and him to Kill and Murder and moreover with the said false Traytors the same first day of July in the year abovesaid at London aforesaid in the Parish and Ward aforesaid Traiterously you did consult consent and agree to send the aforesaid Robert Chernock as a Messenger from you the said Sir John Friend and the same other Traytors unknown unto and into the Kingdom of France in parts beyond the Seas unto James the Second late King of England to propose to him and desire of him to obtain of the aforesaid French King the Soldiers and Armed men aforesaid for the Invasion aforesaid to be made and Intelligence and Notice of such their Traiterous Intentions and Adhesions and all the Premises unto the said late King James the Second and the said other Enemies and their Adherents to give and exhibit and them to inform of other particular things and circumstances thereunto relating as also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premises to receive and the same to you the said Sir John Freind and the said other Traytors in this Kingdom of England to signify report and declare in Assistance Animation and Aid of the said Enemies of our said Lord the King that now is in the War aforesaid and to incite and procure those Enemies the more readily and boldly to Invade this Kingdom of England and the Treasons and Traytorous Contrivances Compassings Imaginations and Purposes of you the said Sir John Freind aforesaid to perfect and fulfil and all the Premises the sooner to execute manage and perform you the said Sir John Freind during the War aforesaid so as aforesaid continued to wit the same first day of July in the abovesaid Seventh Year of the Reign of our said Lord the King that now is at London aforesaid in the Parish and Ward aforesaid falsly and traiterously did procure and obtain to your self and did receive and accept of a certain Commission or Writing purporting it self to be a Commission under and from the aforesaid James the Second late King of England to constitute you the said Sir John Freind to be a Collonel of Horse in the Army by you and the other false Traytors against our said Lord the King that now is within this Kingdom of England to be levied and formed and in pursuance of the said pretended Commission by you the said Sir John Freind so obtained and accepted of and your Treasons and all your Traiterous Intentions aforesaid the sooner to execute perform fulfil and perfect You the said Sir John Freind afterwards to wit the same First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid Falsly Maliciously Advisedly Secretly and Traiterously Divers Soldiers and Armed Men and ready to be Armed with Force and Arms c. To Raise and List and War and Rebellion against our said Lord the King within this Kingdom of England to make and wage And to and with the said Enemies of our said Lord the King Foreigners and Strangers Subjects and Soldiers of the said Lewis the French King being about to invade this Kingdom of England at and upon their Invasion and Entry into this same Kingdom then shortly expected to be made Themselves together with You the said Sir John Freind to join and unite and in Troops and Legions to form did Raise List and Retain and did procure to be Raised Listed and Retained And divers Sums of Money in and about the Raising Listing and Retaining of the aforesaid Soldiers and Men Armed and ready to be Armed upon the Account aforesaid upon the aforesaid First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid Falsly Maliciously and Traiterously Did give and pay and cause to be paid And those Soldiers and Men for the Treasons Intentions and Purposes aforesaid then and there and long after you had in readiness As also the same First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward

aforesaid Divers Horses and very many Arms Guns Carbines Pistols Swords and other Weapons Ammunition and Warlike Things and Military Instruments Falsly Maliciously Secretly and Traiterously You did Obtain Buy Gather and Procure and cause to be Bought Gathered Obtained and Procured and in Your Custody had and detained to that Intent to use the same in the said Invasion War and Rebellion against our said Sovereign Lord the King that now is Him our said Lord the King of and from the Regal State Crown and Command of this Kingdom of England to Depose Cast Down and Deprive and Him to Kill and Murder and all the Treasons Intentions Contrivances and Purposes of You the said Sir John Freind as aforesaid to fulfil perfect and fully to bring to Effect Against the Duty of Your Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity As also against the Form of the Statute in this Case made and provided What say'st thou Sir John Freind Art thou Guilty of this High-Treason whereof thou standest Indicted or Not Guilty Freind Not Guilty my Lord. Cl. of Arr. Culpritt How wilt thou be Tryed Freind By God and my Country Cl. of Arr. God send thee good Deliverance Freind I don't know any thing of it I am as Innocent as the Child unborn The Warrant for the Habeas Corpus was Signed by the Lord Chief-Justice Holt and delivered to the Prisoner who sent it away to the Crown-Office by his Sollicitor to get the Writ sealed Freind My Lord I have something to move if your Lordship please to hear me and the rest of my Lords the Judges That if any matter of Law do arise upon my Trial I may be heard by my Councel that you may not destroy me without Law L. C. Just Holt. Look you Sir John Freind if any matter of Law do arise at your Trial and you will tell us what that matter of Law is and the Court see that it is a matter of Doubt we can and ought and no Question shall assign you Councel but that is time enough when such matter does arise Freind My Lord It is well known to your Lordship and all the Court that I am not a Lawyer but I hope as you are of Councel for the King as Judges of Law so you will be of Councel for me for I am not a Lawyer and cannot know whether any matter that arises be Law or no and therefore I humbly beseech your Lordship to be so just and kind as to tell me whether it be Law or not Law and I submit my self to your Lordship's direction L. C. Just Holt. Sir John Freind We are bound to tell you when any thing of that Nature appears before us and to let you have all the benefit of the Law that possibly you can have for we are obliged to be indifferent between the King and you Freind My Lord I don't question it I desire also I may have Pen Ink and Paper L. C. Just Holt. Yes yes by all means And he had them Cl. of Arr. Cryer Make Proclamation Cryer Oyez You good Men of the City of London summoned to appear here this Day to Try between our Sovereign Lord the King and the Prisoner that is at the Bar who have been called and made Default answer to your Names and save your Issues Then the Defaulters were call'd over Cl. of Arr. You the Prisoner at the Bar these Men that you shall hear call'd and personally appear are to pass between our Sovereign Lord the King and you upon Trial of your Life and Death If therefore you will challenge them or any of them your time is to speak unto them as they come to the Book to be sworn before they be sworn Cryer Call Thomas Clerk Freind Pray Sir How many may I challenge L. C. Just Holt. Look you Sir John you may challenge that is except against 35 without shewing any Cause If you don 't like them to be of the Jury you may refuse them and as many others as you have Cause to except against Freind My Lord I humbly beseech you that because perhaps I may mistake in numbring that I may have timely Notice before the 35 be excepted against or else it may occasion me a great deal of prejudice L. C. Just Holt. Sir The Clerk shall take care of that he shall inform you how Many you Challenge and you shall receive no prejudice of that kind or by any slip in point of Form Cl. of Ar. Cryer call Thomas Clark who appeared Fr. Pray Sir must not I see the Gentleman L. C. J. H. Yes yes by all means he was shewn to him Fr. You may Swear Mr. Clark I do not except against him I desire but Honest Gentlemen and I shall come off I warrant you I am as Innocent as the Child unborn L. C. J. H. Swear Mr. Clark Cl. of Ar. Hold him the Book which was done look upon the Prisoner you shall well and truly Try and true deliverance make between our Soveraign Lord the King and Prisoner at the Barr whom you shall have in Charge according to your Evidence So help you God Cl. of Ar. Nathan Green Fr. I except against him Cl. of Ar. Thomas Emms. Fr. I accept him for a Juryman I have nothing to object against him he was Sworn Cl. of Ar. Francis Byer Fr. Pray let me see him he was shewn to him I do except against him I Challenge him Cl. of Ar. Benjamin Dry. Fr. I except against him Cl. of Ar. James Demew Fr. I accept him I have nothing to say against him I would have him to be a Juryman Mr Demew My Lord I am not a Freeholder L. C. J. H. Sir John Do you Challenge him peremptorily or do you Challenge him for Cause Fr. My Lord I don't Challenge him at all I accept of him Mr. At. Gen. If he have no Freehold we that are for the King will except against him for I would not have any body that is a Freeholder serve upon the Jury Cl. of Ar. Henry Hunter Fr. Pray my Lord is this Gentleman that was called before laid aside He is not one that Challenge L. C. J. H. No no he is Challenged by the Kings Council as no Freeholder Fr. Then he is only set aside I suppose I speak it for this Reason I would not be mistaken in my number L. C. J. H. Care shall be taken of all that he is not to reckoned as one that you Challenged he is Challenged for want of Freehold by the King's Council Cl. of Ar. What say you to Mr. Hunter Fr. I accept of Mr Hunter let him be Swore which was done Cl. of Ar. John Cox Mr. Cox My Lord I have no Freehold in London Mr. At. Gen. Then let him be set aside Cl. of Ar. George Bodington Fr. I except against him Cl. of Ar. John Hedges Fr. I except against him Cl. of Ar. You Challenge him Sir do you Fr. Yes