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A63152 The tryal and condemnation of Sir John Friend, Knight for conspiring to raise rebellion in these kingdoms : in order to a French invasion : who upon full evidence was found guilty of high-treason at the sessions-house in the Old Bayly, March 23th, 1695/6. Friend, John, Sir, d. 1696. 1696 (1696) Wing T2152; ESTC R37160 46,805 33

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said First of July in the Year aforesaid at London in the Parish and Ward aforesaid Traiterously did Consult Consent and Agree to send the said Robert Charnock as a Messenger from him the said John Friend and the said other Traytors to the Jurors unknown to and into the Kingdom of France in Parts beyond the Seas to James the Second late King of England to Propose to him and Desire him to obtain of the said French King the Souldiers and Armed Men aforesaid for the Invasion aforesaid to be made and to give and deliver to the said King James and other the said Enemies and their Adherents Intelligence and Notice of such their Traiterous Intentions and Adhesion and all other the Premisses and to inform them of all other particular Matters and Circumstances referring thereunto And also to receive Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premisses and to signifie report and declare the same to the said John Friend and the said other Traytors in this Kingdom of England for their Assistance Incouragement and Aid of the said Enemies of our said Sovereign Lord the King in the War aforesaid And to stir up and procure those Enemies the more readily and boldly to Invade this Kingdom of England the said Treasons and Traiterous Intentions Imaginations and Purposes of the said John Friend to perfect and bring to pass And the more easily to execute carry on and perform all the Premisses he the said John Friend during the War aforesaid so as aforesaid continued to wit on the First of July in the Seventh Year aforesaid at London in the Parish and Ward aforesaid Falsly and Traiterously did procure and obtain and received and had a Commission or Writing purporting a Commission under and from the said James the Second late King of England to Constitute him the said John Friend to be a Colonel of Horse in the Army to be levyed and formed within this Kingdom of England by him and other false Traytors against our said Sovereign Lord the King And in Prosecution of the said Pretended Commission by him the said John Friend so obtained and accepted and the said Treasons and all the Traiterous Intentions aforesaid the sooner to be executed performed and fulfilled he the said John Friend afterwards to wit the said First of July in the Seventh Year aforesaid at London in the Parish and Ward aforesaid Falsly Maliciously Advisedly Privately and Traiterously divers Soldiers and Men Armed and ready to be Armed with Force and Arms to Rise and Fight and War and Rebellion against our said Sovereign Lord the King within this Kingdom of England to make and carry on and to and with the said Enemies of our said Sovereign Lord the King Foreigners and Strangers Subjects and Souldiers of the said Lewis the French King Invading this Kingdom of England to and upon their Invasion and Entry into this Kingdom of England then shortly to be expected and together with him the said John Friend to be joyned and united and in Troops and Companies to be formed did Levy List and Retain and caused to be Levyed Listed and Retained and divers sums of Money in and about the Levying Listing and Retaining the said Soldiers and Men Armed and ready to be Armed for the Purposes aforesaid on the said First of July in the Seventh Year aforesaid at London aforesaid Falsly Maliciously and Traiterously did give and pay and cause to be paid and those Soldiers and Men the Traiterous Intentions and Purposes aforesaid ●hen and long after had in readiness And also on the said First of July in the Year aforesaid at London aforesaid divers Horses and very many Arms Blunderbusses Muskets Pistols Swords and Rapiers and other Warlike things and Instruments Falsly Maliciously Secretly and Traiterously he did buy gather together and procure and caused to be bought gathered together obtained and procured and in his Custody had and retained with Intentions to use the same in the ●aid Invasion War and Rebellion against our said Soveraign Lord the King to depose throw down and deprive our said Sovereign Lord the King of and from his Kingly State Crown and Throne of this Kingdom of England and Him to Kill and Murder And all the other Traiterous Intentions and Purposes of him the said Sir John Friend to fulfil perfect and fully to bring to effect against the Duty of his Allegiance against the Peace c. And against the form of the Statute 〈◊〉 such case made and provided c. How say you Sir John Friend Art thou Guilty of the High Treason whereof thou stand● Indicted or not Guilty Sir J. Friend Not Guilty Cl. of the Cr. How wilt Thou be Try'd Sir J. Friend By God and the Countrey Cl. of the Cr. God send you a good Deliverance Sir J. Friend Amen I do not question it Then the Clerk of the Crown began to call over the Jury Sir J. Friend My Lord I have some thing to move if Your Lordship please My Lord If any matter of Law doth arise I humbly move that I may be heard by Counsel that I may not be destroyed without Law L. C. J. H. If any matter of Law doth arise on the Tryal and you tell us what that Matter of Law is if the Court sees it a Matter of doubt the Court can assign you Counsel Sir J. Friend My Lord I am no Lawyer I hope as Your Lordship is of Counsel for the King so you will please to be so for me for I am no Lawyer and know not whether it be matter of Law or not so I beseech Your Lordship to tell me if it be Law or not Law L. C. J. H. We are bound to tell you so and to be Indifferent between the King and the Prisoner and to let you have all the Benefit of the Law possible and will do so Sir J. Friend I do not Question it my Lord. Cl. of the Cr. Cryer Make Proclamation Cryer Oyes Oyes Oyes You Jury-Men c. Cl. of the Cr. Sir John Friend Hold up thy hand You the Prisoner at the Bar Those Men that you shall hear called and personally appear are to pass between Our Sovereign Lord the King and you upon Tryal of your Life and Death If therefore you will Challenge them or either of them your time is to challenge them as they come to the Book to be Sworn and before they be Sworn Sir J. Friend My Lord How many may I Challenge L. C. J. H. You may Challenge that is Except against Thirty Five without shewing any Cause If you have good Cause against any more you may refuse them Sir J. Friend It may be my Lord I may mistake I desire of your Lordship that I may have timely notice of the Five and Thirty L. C. J. H. You shall know it Then the Jury were Sworn whose Names were as followeth Thomas Clerke Thomas Emms. Henry Hunter Thomas Poole Peter Parker Samuel Jackson Nathaniel Long.
procured for them and by that Reason a great deal of Time was lost Then I went to Sir John Friend again last Wednesday not hearing of him and I asked him Why he had not named his Counsel He told me Counsellor Northy would not come till he had spoken with Sir Bartholomew Shower The next Day came Burleigh to me and brought me the Name of the Person he would have I immediately procured an Order and went away with it I take it to be Mr. Welding and he desired that Burleigh and Underhall might come to him he had an Order the same Minute he spoke for it L. C. J. H. When was it Mr. Baker On Thursday Where is Burleigh Sir J. Friend I desired they would put into it Lieutennant Colonel Tatton and Cash but they put in neither of these Men but took up my Kinsmam Cash and put him into a Messengers Hand L. C. J. H. Sir John Friend If you had any Witness and had not been as fully prepared for your Defence as you could be you should have moved for your Tryal to have been put off till another Day But now I say Have you any reason to offer that these Witnesses have any Malice against you Sir J. Friend My Lord I am no Lawyer I have not the Liberty of Counsel and it is a hard thing for a Man to suffer at this rate for these are things out of my reach I am disappointed in every thing L. C. J. H. Have you any more to say Sir J. Friend No my Lord I have no more to say Then Mr. Sollicitor General spoke to the Court and the Jury to the Effect following I am of Counsel in this Cause for the King against the Prisoner at the Bar and it is my turn to Sum up the Evidence The Prisoner cant say but he hath had a very fair Tryal and has no Reason to complain for all the rest of it shall be alike He and you may very well remember that Persons of the same Quality in former times have not had that fair Dealing and though all things are very well now yet Time was when it was not so When Innocency was not a Safety for a Man when not his Life much less his Laws and Liberties were secure to him Time was when the Protestant Religion and the Church of England of which the Prisoner at the Bar Sir John Friend says he is and boasts himself to be and with very good Reason the best Time was I say When that Religion was in Danger and when that Popery for which he reflects on the Witnesses now was like to Over-run us And had not his Majesty with the Hazard of his Life and great Expence Rescued us no body doubts but that all in a very few Years would have been made good upon us now And it is a very melancholy Thing to consider That there should be a sort of People among us now so in love with Popery and Slavery as to have a Mind to bring it about again And it is a very ungrateful Thing that when his Majesty with danger of his Life then and several times since hath endeavoured to defend us there should be a Party of Men among us who should endeavour to invade his Country and fall on his Subjects in his Absence in order to Subvert his Government I will not accuse particularly the Prisoner at the Bar to have had a Hand in the Assassination But very plain it is he knew of it This among others is a very ungrateful thing when another Person is engaged for my Defence I should contrive and design against his Life and be for invading of him If the Prisoner at the Bar be not Guilty of what he hath been accused nothing of this relates to him But if what hath been given in Evidence be true of the Prisoner at the Bar he is one of those Persons that hath done all that he can to subvert the Government and to effect the Invasion of the Country The First Evidence given in against him was by Mr. Porter and he gives in Evidence that at the King's Head in Leaden-hall-street there was a meeting of several Persons among which the Prisoner at the Bar was one and that in order to consider of the best means for the bringing back of the late K. James They concluded at last the best means would be to send some body over to France to Invite K. James hither and to intreat him to prevail with the French King to send over with him 1000 Horse a ●000 Dragoons and 8000 Foot and that he should make what hast he could to Land with them here and to Incourage so to do they promised their Assistance and that they did not doubt to meet him with 2000 Horse The person pitched on for this Errand was one Charnock lately executed for High Treason But upon this proposition Charnock was very diffident whether this was the effect of a sober consideration or not and therefore would not undertake it till he had satisfaction that they still continued of the same mind And therefore another Meeting was proposed and agreed upon of the same persons and that was to be at Mrs. Montjoy's Tavern There they all met again and the Question being put Whether they were of the same Opinion or not they did declare themselves all to be of the same Opinion that Mr. Charnock should go to France on the Message agreed on at the Kings Head and make as sudden a Return back as he could to give them an Answer Captain Porter tells you that Charnock brought word that the French King could not then spare them that Force that they desired Hereupon it was put off and their design was deferred till last Winter and then it was likely to take place very lately The next is Cap. Blair and he tells you 2 years ago Sr. John Friend shewed him a Commission that he had received from the late K. James to raise a Regiment of Horse of which he himself was to be Colonel He tells you it was Signed by K. James at the top and Countersigned by Melford at the bottom and that he had a great many consultations with him and considerations about raising this Regiment and that he was to be Lieutenant Colonel and was to provide as many Officers as he could and that he did provide several Officers particularly Captain Fisher Captain Vernatti one Cole one Bertram and he was to be a Lieutenant in one of the Troops A great deal of the Evidence he gives against Sr. John Friend was out of his Own mouth and that is as strong an Evidence certainly as can be given He doth for that purpose tell you that One Evans was to be one of the Captains of his Troop that Colonel Sclater a man grown somewhat in Favour with Sr. John Friend Rival'd this Blair that Sr. John Friend told him he would have Two Lieutenant Colonels and this person should be one and that he took very Ill